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2011-10-18 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 18, 2011 October 18, 2011 Page 1 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 Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. The following members were absent: Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Duggan moved adoption of the Councilmember Petschel moved approval of the minutes of the regular meeting held on October 4, 2011. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items e) Acknowledgement of the 2012 NDC4 Budget, j) Adoption of "RESOLUTION SUPPORTING PROJECTS LISTED IN THE DRAFT 2012 -2016 DAKOTA COUNTY CAPITAL Mendota Heights City Council October 18, 2011 Page 2 IMPROVEMENT PLAN ", 1) Authorization to advertise for bids for Public Works Garage Roof Replacement a. Acknowledgement of the October 11, 2011 Parks & Recreation Commission Meeting Minutes b. Acknowledgement of the September 29, 2011 NDC4 Meeting Minutes and Agenda c. Acknowledgement of the September 2011 Par 3 Report d. Acknowledgement of the September 2011 Fire Department Report e. Acknowledgement of the 2012 NDC4 Budget f. Approval of Rescheduling the November Parks & Recreation Commission Meeting g. Approval of a Sign Permit for 2261 Waters Drive for American Postal Workers Union h. Approval of a Sign Permit for 750 Main Street Suite 100 for Green Lotus Yoga and Healing Center i. Approval of a Sign Permit for 1230 Northland Drive for LSI j. Adoption of "RESOLUTION SUPPORTING PROJECTS LISTED IN THE DRAFT 2012 -2016 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN" k. Authorization to execute a Purchase Order for Ridge Place Erosion Control Project 1. Authorization to advertise for bids for Public Works Garage Roof Replacement m. Approval of Kensington Park Restroom Upgrades n. Approval of Insurance Renewal o. Approval of issuance for a Massage Therapist License p. Approve the Contractors List q. Approve the Claims List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 ACKNOWLEDGEMENT OF THE 2012 NDC4 BUDGET Councilmember Duggan acknowledged that NDC4 itself acknowledged Tiger Schmitt, who has been a business operator in Mendota Heights for many years, for volunteering his time to answer tax questions on the cable commission by presenting him with the MATCA Volunteer of the Year Award. Councilmember Duggan noted both NDC4 and Town Square TV have won several awards this last year for a lot of their work and programming. Councilmember Duggan acknowledged and reviewed the following points: 1. They are working on a zero based budget 2. The only big change going into next year is the potential for legal expenses being increased because of franchise renewal renegotiations 3. Next year is their 30th anniversary Councilmember Duggan moved to adopt the Acknowledgement of the 2012 NDC4 Budget. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mendota Heights City Council October 18, 2011 Page 3 ADOPTION OF "RESOLUTION SUPPORTING PROTECTS LISTED IN THE DRAFT 2012 -2016 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN" Councilmember Duggan stated that he had spoken briefly to John Mazzitello and asked that he walk the council through some of the content or the intent of this particular item. Public Works Director John Mazzitello explained that every year Dakota County updates their capital improvement plan, which consists of roads, trails, facilities, and county owned properties. Each year, when they update that capital improvement plan, they ask the cities of Dakota County to look at the capital improvement plan and pass a resolution endorsing that plan. This plan comes before the council at the second meeting in October every year. Mr. Mazzitello then shared a quick summarization of the capital improvement program for the 2012- 2016 plan as follows: City of Mendota Heights has no road projects in the 5 -year plan City of Mendota Heights has one trail project which is the connection of the North Urban Regional Trail on the east end of the city Councilmember Duggan moved to approve Adoption of "RESOLUTION SUPPORTING PROJECTS LISTED IN THE DRAFT 2012 -2016 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN" Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 AUTHORIZATION TO ADVERTISE FOR BIDS FOR PUBLIC WORKS GARAGE ROOF REPLACEMENT Councilmember Duggan stated that he read in the memo that council received about an attachment of a quote from R.K. Hunter, Inc. but he was unable to find it anywhere in the packet and requested an explanation. Assistant City Engineer Ryan Ruzek explained that this was an oversight on his part and that it should have been included in the packet. He extended his apologies and explained that he could provide that information if council wished. Mr. Ruzek explained that the quote of $5,616.00 entails taking off the entire cap around the perimeter of the building and installing a 2 -foot membrane over the currently torn areas. This would be a band -aid until the full replacement could be done. Mayor Krebsbach explained to the residents that the actual cost of the roof repair is $175,000, which has been budgeted for. The current roof has failed to the point that, just in case the actual repairs cannot be completed before winter of this year, a temporary patch needs to be put in place. Finance Director Kristen Schabacker explained that there are available funds in the Facility Reserve Fund for these types of repairs. Mendota Heights City Council October 18, 2011 Page 4 Councilmember Duggan moved to approve the Authorization to Advertise for Bids for Public Works Garage Roof Replacement Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PRESENTATIONS A) INDEPENDENT SCHOOL DISTRICT 197 ELECTION PRESENTATION BY SCHOOL DISTRICT SUPERINTENDENT TOM NELSON ISD 197 Superintendent Tom Nelson explained that the district does have a levy referendum up this fall, school district election to fill four seats on the school board, and one question on the ballot. Mr. Nelson shared where school funding comes from; 63 percent from the State of Minnesota, 24 percent from property taxes, 11 percent from the federal government, and 2 percent from other local sources. Within the next couple of years, the federal grants the district has received will be gone and the 11 percent will be reduced to 5 percent, which is very typical of most school districts. When school districts need additional money and the state cannot provide it, they need to go to the property taxpayer. Each year the levy is set by the state and if the district wants to exceed those, they cannot without going to the voters. Mr. Nelson then shared where the school funding is spent; 80 percent on people (bus drivers, food service workers, janitors, teachers, etc.), 12 percent purchased services (heat, lights, fuel, etc.), 4 percent supplies, and 4 percent capital outlay. The current levy has been in place for 10 years and runs out at the end of this year. If they do not pass the levy in November they do not get a second chance. School districts are allowed to go to levy only in November at the general election. A bond issue can be run at other times but not operating monies. For the past 10 years, citizens in this area have paid $362 a student, which is equivalent to $1.7 million. Currently, the district is looking at a deficit budget of $1.5 million for the next school year. If that $1.5 million is added to the $1.7 million the result is the $3.2 million. Therefore the district is asking for an additional $376 per student or $1.8 million. The total of the question on the ballot equates to $3.5 million. If a homeowner owns a $250,000 home in this school district, the net cost of this referendum question is $89.00 per year, or a little over $7.00 per month. Mr. Nelson shared a graph showing that the homeowners in this school district pay much lower school taxes on their property than other districts in the state. Residents owning a $250,000 home in Inver Grove pay $1,000 per year, South St. Paul residents pay $1,300 per year, and Farmington residents pay approximately $1,700. He noted of the 48 school districts in the metro area, this district ranks 45 th in terms of tax burden on a $250,000 home. Mendota Heights City Council October 18, 2011 Page 5 This is the only item on the ballot this November 8, 2011 school district election. Because of this, polling sites have been consolidated. The district website has information on the locations of the voting sites. Absentee ballots are also available. Councilmember Povolny asked for an explanation of the statement on the ballot that reads "this amount will increase annually by the rate of inflation as determined by the statute." Mr. Nelson explained that this is a portion of the levy question that allows for inflation and that amount of money is being requested in this question and will go up by that amount of inflation. If inflation were to increase 5 percent then that $738 that is being requested would also go up 5 percent. Mayor Krebsbach inquired about the amount of the full budget for the school district. Mr. Nelson replied that they are at approximately $50 million annually. This levy is approximately 2 percent of that budget and is used for all of the schools in the district. Councilmember Petschel asked if Mr. Nelson, based on his experience, is comfortable with the integrity and maintenance of the buildings. Mr. Nelson replied that the buildings in the district have been well maintained and everything including the roofs was in very good shape. The capital projects part of the budget is set by the state and cannot be spent on people and other things. It must be spent on capital projects. Councilmember Duggan stated that, according to the presentation, the $362 per pupil expires in 2012. After 2012, going into 2013, the $376 levy you are requesting now, will that be the only per pupil money received by the district or will there be other monies per pupil as well. Mr. Nelson explained that the request is to renew the $362 per pupil and add an additional $376 per pupil, for a total of $738 per pupil. None PUBLIC COMMENTS BID AWARD • ) 2011 GENERAL OBLIGATION BOND ISSURANCE AND ADOPTION OF RESOLUTION •'1 THE $2,975,000 .00 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2011A; FIXING THEIR FORM AND DIRECTING 1 1 AND PROVIDING FOR THEIR PAYMENT" Finance Director Kristen Schabacker explained that on September 20, 2011 council authorized the issuance of bonds for our street project and for refunding of three previous issues. On October 7, 2011 Ms. Schabacker had a rating call with Moody's and the city's AA rating was reaffirmed. Ms. Stacie Kvilvang of Ehlers presented the results of the bond sale that took place the morning of October 18, 2011 by first highlighting some points from the ratings reports from Moody's: • The rating is based upon Mendota Heights favorable location within the metropolitan area • The rating agency has taken note of what the city has done in the Town Center and the fact that Mendota Heights has future opportunities for additional residential units there Mendota Heights City Council October 18, 2011 Page 6 • The strong financial position of the city • High socio- economic factors • The city has an average amortization of over 70 percent of the city's debt within 10 years Council had previously received the sale report with the bid tabulation attached. The bond sale was held at 10:00 a.m. on October 18, 2011 and seven bids were received. With the underwriter's discount and the cost of issuance fees not being as high, the bond size was reduced by $5,000. So the resolution before the council would be for $2,970,000; not the $2,975,000 that was in the council packet. The true interest cost was lower by 50 basis points than was estimated so there are some significant savings for the city, especially with the refunding of the three issues that are there. The city is going to save approximately $172,000 over the life of those three bond issues; approximately $24,000 annually. The action would be to award the bid to United Bankers Bank, Bloomington, MN as the lowest responsible bid. Councilmember Duggan noted that section 4.04 it states "It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least 5 percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds" and asked who calculates that and how is that determined. Ms. Schabacker replied that the city receives a debt service payment schedule and so that schedule includes the amount that we levy each year to pay off those bonds payments. Mr. Duggan asked if the favorable information received this evening help with this as well or is it a different area. Ms. Kvilvang explained that it is more favorable because the interest rates are lower than what was anticipated at the pre -sale time and those are calculations that Ehlers will provide based upon the bond sale and they will provide those payment schedules to Ms. Schabacker. Councilmember Povolny moved to approve the 2011 GENERAL OBLIGATION BOND ISSURANCE AND ADOPTION OF "A RESOLUTION AWARDING TIME SALE OF $2,970,000.00 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2011A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT" Councilmember Duggan seconded the motion. Councilmember Duggan asked if the Exhibits in the back of the packet for Notice of Redemption Clause are automatically included in the resolution. Ms. Schabacker replied they are included. Ayes: 4 Nays: 0 Absent: 1 HEARINGS PUBLIC PUBLIC HEARING FOR MARIE AVENUE REHABILITATION • Mayor Krebsbach opened the public hearing and recognized Assistant City Engineer Ryan Ruzek to provide the background information. Mr. Ruzek explained that on October 4, 2011 council began the Marie Avenue rehabilitation project. This project was presented as a pavement replacement and water main replacement. Due to resident Mendota Heights City Council October 18, 2011 Page 7 comments during the meeting to address safety issues, council had decided to table to give staff time to present additional information. Over the last two weeks staff met with two residents from the project area and did look into a few different options for improving safety over and above the original feasibility report. Option 1: add additional striping to make the area feel more restricted Option 2: install bump -outs to the project Option 3: medians down the center lane of the entire length of the street Option 4: short medians near Nature Way Staff does not recommend option 3 or option 4 because they would lose parking on the entire street or in the transitions to the short median areas. Staff also looked into moving the mailboxes for the residents on the south side of the street to the south side of the street. The only option to make that work would be using concrete curb bump outs where the mailboxes could be moved to the south side of the street so residents would not have to cross the street. Another option considered is the flashing speed limit sign. However, that is against city ordinance and that can be added any time. So if over the next few years, council decides to revise that ordinance a sign similar to that could be installed. The temporary speed wagon, once purchased by the city, could be placed out at any time. Mr. Jeff Holland of 646 Marie Avenue thanked the engineers for going through and developing more options for the safety of Marie Avenue. When he met with them he found them to be very respectful and professional. Mr. Holland continued by stating that the options that have been laid out seem to be very viable. Personally he is in favor of the concrete bump outs, as they would add to the visual and physical restriction of the road, but no more than any other. Another favorable option is restricting the lane width to 11 feet instead of the normal highway width of 12 feet because that 1 -foot could visually narrow the road enough so that it would be safer. Lastly, he would be in favor of the flashing speed limit sign. The directional nature of the LED sign itself would not be very obtrusive and there would not be a large amount of light pollution with the newer signs. Mr. Holland believes that a combination of these efforts could be successful in slowing the speed limits so drivers are more consistently driving the same speed. Also, since Marie Avenue is a community thoroughfare and is used by the community at large, not just those actually living there, the additional cost that it takes to make these kinds of improvements should be born by the entire community. Ms. Diane Kammerer of 660 Marie Avenue West stated that her property has the pedway and they get two - thirds of the snow from plowing on Marie Avenue thrown into their driveway. When the winter snowplows come around the corner there might be three or four feet of snow out into that intersection as it is. It was her opinion that if the city is proposing to build that out more that will narrow that turn even more. As it is, with the 8 -foot pedway, there is no boulevard between the pedway and the street. Frequently there is two feet of snow out into the street. She would be opposed to building out these locations. Mr. Jeff Ploss of 666 Marie Avenue stated that the big thing that most residents feel is the safety factor. If this is going to take place, which he is sure it would, more signage of the speed limits is needed. He also asked how utilities would be affected during the construction. Mr. Ruzek replied that this is a Mendota Heights City Council October 18, 2011 Page 8 rehabilitation project so generally the curb lines stay in place and private utilities are not affected unless they decide to come in and improve their facilities, which they generally do not for a project of this scale. The water would be the biggest inconvenience for the area, where St. Paul water would set up a temporary water system above ground. There may be an interruption when they convert the current water system to the temporary one and when it is switched back. Besides that, there should be very minimal interruption to any services. Mr. Ploss also requested that when the city workers plow the pedway, they concentrate on the stretches that have residents next to it rather than the non - resident stretches. It is a nuisance when residents see other parts of the pedway have been plowed but not their section. Mr. Ploss also stated that he liked the idea mentioned to spread the additional costs of this project to the community because it is a main thoroughfare through Mendota Heights. It is not just the residents on Marie Avenue that will benefit from this. Public Works Director John Mazzitello explained that the project is currently being proposed to be split among several different funding sources, the largest of which is the bond sale that the city does for its street construction projects. The city will also be drawing funds out of the municipal state aid account, the water utility fund, and a portion of the project will be assessed to the adjoining residents. Mayor Krebsbach explained to the residents that there is other pools of resources coming in that do recognize that Marie Avenue is a thoroughfare, and that's the Minnesota State Aid. There are so many miles designated, and Marie Avenue is so designated so that does reduce the cost of the assessment. Councilmember Petschel inquired with regards to the bump outs and the logistics, since they were not included in the original plan, where would the city stand in the course of having to reengineer the plan and pay for that. She asked what would be the logistics on that. Mr. Mazzitello replied that if the city were to add something to the project at this stage that would constitute a design change, which altering the curb lines would be considered a design change and that would ultimately alter the cost of the project. Staff would have to go back to the original engineer's estimate and account for how that addition is going to be paid for. Because the feasibility report has been published and approved and a public hearing has been called for, the assessment value to the residents adjoining Marie Avenue has been set. The city cannot exceed that amount; however, it could be reduced. To accommodate the additional approximate $30,000 in cost it would take to realign the curbs to create bump outs, the city could either create a supplemental assessment to the residents or the city could go back to square one and develop a new engineer's estimate with a new feasibility report and have a new public hearing all over again, with a new assessed value. Mayor Krebsbach asked if the city were to do the special assessment and split the costs as customarily done on the projects that it would equate to the $15,000 that would be divided among the residents and not the $30,000. Mr. Mazzitello replied the street reconstruction policy caps a project reassessment at 50 percent to the residents. The curb realignment would be specifically requested by the residents that would give the city the authority to assess up to 100 percent if they chose to do so. If the city were to assess half of the additional cost, or 50 percent of the $30,000 that would add approximately $450 to $500 per property, and it would be double if the city assessed the full $30,000. Mayor Krebsbach asked what the current project assessment is per household. Mr. Ruzek replied that it was capped at $3,200 per resident. If half of the additional costs were assessed, it would increase the assessment to $3,700 per resident, or $4,200 per resident if the entire $30,000 were assessed. Mr. Mendota Heights City Council October 18, 2011 Page 9 Mazzitello stated that city staff has always tried to set the assessed value to the residents at a constant level, whether that is 38 percent or 42 percent or whatever the percentage works out of the cost. Rehabilitations have traditionally remained between $2,500 and $3,000. Reconstructions have remained in the vicinity of $8,500. Mr. Steve Norton of 640 Marie Avenue also met with staff and stated it was his understanding that if the council wanted to, they could seek to pay for this using bond money without seeking a new feasibility study. Mr. Mazzitello confirmed that council could choose to fund the additional $30,000 however it chooses to do so, with additional bond sale, fund balance, or assessment. Mayor Krebsbach asked if Mr. Norton had any views on this latest design. Mr. Norton replied that he thinks that the bump outs would assist in slowing people down on the road, certainly the striping would also help with that. He is a strong supporter of the readout speed limit sign. Mayor Krebsbach stated that the city does not allow digital signs and it her understanding from the discussions at the last public hearing that if they go with this option the entire sign ordinance would need to be amended and it could not be restricted to these signs. Mayor Krebsbach asked City Attorney Tami Diehm to comment. Ms. Diehm stated that she believes if the city is interested in pursuing some sort of traffic safety sign like this there may be a way to make some revisions to the sign ordinance that would give council some flexibility. Staff would speak to the League of Minnesota Cities about that as they have been looking at all of the sign ordinances over the past few years with the influx of the digital and movable signs. It is understood that council does not want to open that door, but staff could certainly look at whether or not there would be an opportunity to build in an exception for a traffic safety sign only. Mayor Krebsbach suggested that this be reviewed as a separate issue at another time so that this project would not be delayed. Certainly the council would take it under advisement that it is something that Marie Avenue would want and other streets as well. Councilmember Duggan asked what Mr. Ploss meant when he mentioned more signage along Marie Avenue. Mr. Mazzitello replied that if additional signage, assuming they mean more speed limit signs, is desired the Traffic Safety Committee could review that and recommend locations for any additional signs. Councilmember Duggan stated that the flashing sign that was purchased by the city, since it is a safety feature and is temporary, is not in violation of the sign ordinance. Counsel Diehm stated that this creates a separate issue in the ordinance under temporary sign, but she does believe there is some limited flexibility for traffic safety signals. Councilmember Duggan stated that there was discussion about residential trails being plowed first versus non - residential trails. He is unaware of how the public works department determines that but it seems to him to be a reasonable thing to do. Councilmember Povolny asked Mr. Norton if the residents on the street had to pay for this, are they still at 100 percent support of the bump outs. Mr. Norton replied that he does not know the answer. However, he is sure that he and Mr. Holland would be more than willing to go out and poll the residents. Mayor Krebsbach asked if this hearing were to be closed and it was chosen to not do the bump outs, could there be a public hearing at another time if they wanted to add that to the project. Mr. Mazzitello replied that staff does rehabilitation projects and reconstruction projects every year. If at some point in the future it were determined by council or the residents of Marie Avenue that the striping, which would be included in the project this year, was not sufficient and they would like the concrete curb bump outs Mendota Heights City Council October 18, 2011 Page 10 built, that could be added into a future project at a later date. The cost would be a function of whatever type of project it is and how much curb is being installed on that project. But it would be an assessed portion of the project. It could be a special assessment or built into a future project. Mr. Norton, in response to Councilmember Duggan, stated that he could express frustration as a resident of the south side of the street when the street is plowed and he clears his driveway, and then sometime later the pedway is plowed and he is forced to clear his driveway again. He recognizes that this is the sort of thing that needs to be dealt with when living on the south of the street. However, it can be frustrating when there is a large gap in time between when the two plows go by. There have also been times where, in heavy snows, city staff has gone to the effort of clearing the end of the driveways on their own accord, which is certainly appreciated. In his opinion, city staff has done an excellent job of clearing both the street and the pedway. Councilmember Duggan asked how many parking spaces would be lost if the postal delivery boxes were placed on the south side of the street. Mr. Ruzek replied that he does not have the exact number but he does not feel that it is a significant amount when compared to the amount of cars he has seen parked on the street. Councilmember Duggan mentioned the possibility of restricting the width of the lane on the south side to 11 feet and asked if that was in the proposal. Mr. Ruzek answered that the concrete curb bump outs would be installed on the 12 -foot wide lane, but it would be striped as if it were an 11 -foot lane. The striping- would actually be a narrower lane and could be incorporated into any one of the designs. Mayor Krebsbach stated that she believes they will close the public hearing, unless the council wants to extend it again and look at the feasibility of the cost of the bump outs and asked Mr. Mazzitello to comment on her assumption. Mr. Mazzitello replied that what staff is requesting of council this evening is the adoption of the resolution ordering the improvement project, preparation of plans and specifications, as proposed with the inclusion of additional striping for the attempted control of speed on Marie Avenue. Mr. Mazzitello continued by stating that council's options are: • Extend the public hearing to November 1, 2011 • Close the public hearing tonight and delay the passage of the resolution to November 1, 2011 • Close the public hearing and not pass the resolution • Close the public hearing and pass the resolution Councilmember Povolny stated that he liked the idea of adding more speed limit signs but does it have to go through the Traffic Safety Committee first or could it be added to this resolution. Mr. Mazzitello replied that signs could be added at any time. The Traffic Safety Committee, being an advisory panel, is at the council's discretion, but typically signage requests go through the Traffic Safety Committee. Councilmember Petschel asked if there is a difference in cost if the bump outs are done at the time of the rehabilitation or if they are added later as a special one -of -a -kind project. Mr. Ruzek replied that if the bump outs are installed after the rehabilitation project is completed as proposed and staff would need to cut out new asphalt that they just installed and brand new curb, yes there would a difference in the additional cost. However, if it were brought to the council next month as a special project it could be Mendota Heights City Council October 18, 2011 Page 11 included and constructed next summer with this project, there would be no difference in the additional cost. There would essentially be two Marie Avenue projects that would occur concurrently. Mayor Krebsbach stated that if this was done and another petition came from the residents of Marie Avenue for the concrete bump outs, then council could look at that separate and decide how it would be assessed and the project would not be held up from going forward. Mr. Mazzitello stated that it would be a legal process to run curb realignment along as a separate project. Mayor Krebsbach asked for clarification that if this special project were approved this year it really would not raise the additional cost of the special project, just the time and deliberation of the council. Councilmember Petschel asked if there would be additional cost in reengineering. Mr. Mazzitello replied that the process would be started over again with a new feasibility report for curb realignment so there would be additional reengineering and design costs built into that new project, which typically run 15 to 20 percent of the construction cost. Councilmember Duggan asked if council approves what is being recommended tonight and in December or January an additional bump out project is sought would there be enough time for Mr. Holland and Mr. Norton to poll the residents to see if they are willing to accept the additional costs of getting bump outs. Councilmember Duggan expressed he would rather wait for that information from them and then go forward. He inquired if they were willing to do that and come back in late November, would that give staff enough time to work this through properly. Mr. Mazzitello replied that if there were to be a separate project for curb realignment along Marie Avenue staff could get that process through prior to bidding the Marie Avenue rehabilitation project and they could include the curb realignment as an alternate in that same bid package with the same contractor. However, Mr. Mazzitello reiterated staff's recommendation for the Marie Avenue project; staff does not recommend realigning the curb of Marie Avenue. Mayor Krebsbach recommended that the public hearing be closed and council vote on the project as recommended by staff. Should Marie Avenue residents want council to consider the bump outs they should present it to council as a special project, with the understanding that the additional costs of approximately $34,000 would require half of that amount to be assessed to the residents. Council would not intend for the residents to pick up the full cost, even though this is somewhat of a customized feature on Marie Avenue. Council would look at that project separately. Councilmember Petschel cautioned that having this come back later as a separate project, invariably there will be many homeowners who are completely in favor of the project and some homeowners who are not. When it comes to costs that is sometimes where opinions begin to diverge. City Attorney Diehm replied that there are two ways that assessment projects come forward. One is initiated by the city and another is when the property owners initiate them. Staff would be happy to have a conversation with the residents who have been going around and getting signatures and help explain that process to them. If they do gather signatures from the requisite number of property owners, they can actually bring that assessment request formally to the city. That would probably give council some comfort level of knowing what support is out there. Councilmember Duggan stated that the options listed in the memo are narrowing the visual appearance of the street with striping by defining the parking lane with striping or curb extensions at the Mendota Heights City Council October 18, 2011 Page 12 intersections. He asked if he was hearing correctly that striping of that area is what is supported by staff and is built into the resolution. Mr. Mazzitello confirmed that staff fully recommends the use of striping to. try and control the speed down Marie Avenue and does not recommend using curb realignment or the installation of bump outs. Councilmember Duggan asked Mr. Mazzitello to explain why staff is not recommending the concrete bump outs. Mr. Mazzitello stated that the issues are: 1. It would realign the drainage of Marie Avenue. Catch basins would need to be realigned and consequently storm sewer that is underground that would need to be redirected. 2. Marie Avenue is one of the main east /west thoroughfares in Mendota Heights. If, at some point in the future, traffic on Marie were to increase there would not be any type of expansion capability at all if the curbs were narrowed at the intersections or in any other location. It would be proper future planning for the lifecycle of the roadway to leave the curb aligmnent where it is. Councilmember Duggan asked if Mr. Mazzitello has much experience with striping for curb outs in other areas or in other communities that have had some reasonable affect in reducing or slowing down the traffic speeds. Mr. Mazzitello replied that it is a standard and recognized practice in the engineering field that striping of pavement does help direct traffic whether or not there are actual curbs and any type of raised medians in the way. Councilmember Petschel stated that if anyone wants a practical example of where this has been successful, all anyone would need to do is drive down Summit Avenue where they added the bike lane. Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Duggan moved to adopt "RESOLUTION 2011 A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MARIE AVENUE REHABILITATION" Councilmember Petschel seconded the motion. Councilmember Duggan acknowledged the efforts and considerations of the Marie Avenue community. If they can come back with signatures of the majority of the residents of Marie Avenue by the second meeting in November, council should be willing to entertain through engineering staff what can be done to accommodate the desires of the community. Ayes: 4 Nays: 0 Absent: 1 B) PUBLIC HEARING FOR ASSESSMENT KNOLLWOOD LANE NEIGHBORHOOD REHABILITATION PROJECT Mendota Heights City Council October 18, 2011 Page 13 Mayor Krebsbach opened the public hearing and recognized Assistant City Engineer Ryan Ruzek to provide backgro-u nd information. Mr. Ruzek explained that earlier this year city staff rehabilitated a project referred to as the Knollwood Lane Neighborhood Rehabilitation. The project consisted of pavement replacement on Knollwood Lane, Knollwood Court, Medora Court, and Medora Road. The project was successfully completed and staff has received a number of compliments and very few complaints with the staging of the project when it first got started as far as access to driveways. The project is substantially completed. The assessments for this project were $3,000 and assuming everything is approved tonight, they could be paid within 30 days at the City of Mendota Heights or be certified on the 2012 property taxes, repayable over a 10 year period. Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councihnember Duggan moved to adopt "A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE KNOLLWOOD LANE NEIGHBORHOOD REHABILITATION" Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) PUBLIC HEARING (2 OF 2) FOR LIQUOR LICENSE MENDOTA LIQUOR OFF -SALE Mayor Krebsbach opened the public hearing and recognized City Clerk Sandie Thone to provide background information. Ms. Thone explained that this is the final public hearing for an off -sale liquor license for Mendota Liquor, which is being purchased by Jeerasak Poophakumpanart, who is the owner of Poopha, Incorporated. Patrick Seoun, the long -time Mendota Liquor owner is selling the business to Poopha, Incorporated with an anticipated closing date of November 2, 2011. The preliminary public hearing was held on October 4, 2011 and this will serve as the second and final public hearing for this off -sale liquor license. Poopha, Incorporated has provided staff with all of the required materials and fees required per city code and required by the Minnesota Department of Public Safety Alcohol and Gambling Division. The Mendota Heights Police Department has conducted a background investigation with favorable results. Staff recommends that council conduct the final public hearing for an off -sale liquor license, consider any comments from the public, and approve the off -sale liquor license for Mendota Liquor. Councilmember Povolny moved to close the public hearing. Councilmember Duggan seconded the motion. Mendota Heights City Council Ayes: 4 Nays: 0 Absent: 1 Councilmember Duggan moved Mendota Liquor located at 766 Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 October 18, 2011 Page 14 to approve an Off -Sale Liquor License for Poopha, Incorporated dba Highway 110, Mendota Heights, Minnesota 55120. Councilmember UNFINISHED AND NEW BUSINESS A) RECOMMENDATIONS FROM THE OCTOBER 4, 2011 TRAFFIC SAFETY COMMITTEE MEETING AND ADOPTION OF "RESOLUTION REQUESTING A SPEED STUDY ON COUNTY ROAD 43 (LEXINGTON AVENUE) FROM STATE TRUNK HIGHWAY 110 TO MARIE AVENUE" Councilmember Povolny asked, since he lives on Lexington Avenue, if there is any conflict with him participating in this discussion and in any possible decisions. City Attorney Tami Diehm replied that there were no conflicts and he could participate. Mayor Krebsbach asked how the council should proceed on this topic and noted that there was a resolution noted in the back of the packet. She asked if the resolution was specific to each of the items. Public Works Director John Mazzitello replied that the recommendations were crafted such that the resolution is coinciding with the last item from the Traffic Safety Committee recommendations. What has traditionally been done in the past is that he would summarize all of the issues that the committee heard and made recommendations on, and afterwards council can either adopt the recommendations as written, which is the committee's request, or make any changes to those when the summation is complete. Mr. Mazzitello explained that on October 4, 2011 the Traffic Safety Committee met to discuss issues brought to the city by members of the public and/or city staff recommendations. Present at the meeting were Police Chief Aschenbrener, Fire Chief Maczko, Planning Commissioner Field, and Councilmember Vitelli. Also in attendance was Mr. Mazzitello. The committee heard requests and discussed seven issues, three of which were new, four of which were follow -ups from a previous meeting. Item: Traffic and Pedestrian Safety in the Neighborhood Surrounding Kensington Park. The concern is the traffic traveling through the Kensington townhouse development while events are taking place at Kensington Park. One of the specific requests forwarded to staff was that the intersection of Concord Way and Lockwood Drive be changed from a two -way stop to a four -way stop. Currently, Concord remains a free - flowing street and Lockwood is stopped in both directions. After discussing the item with members of the public, the Traffic Safety Committee discussed and unanimously recommended against making Concord Way and Lockwood Drive a four -way stop due to the different traffic patterns Mendota Heights City Council October 18, 2011 Page 15 on the two streets. The counts established for both streets have Concord as a much more used traveled way than Lockwood. And that is inconsistent with the application of a four -way stop at an intersection. The Traffic Safety Committee did recommend that the police department coordinate with the reservations for Kensington Park so police know when events take place at the park and can schedule their resources accordingly to have police assets in the neighborhood during park events. The Traffic Safety Committee further recommended that this area would be a perfect place to use the speed cart, once it is acquired, to monitor speed, advise drivers of their speed, and to take traffic data, which is another function of the speed cart, so it can be known when specifically there are speed and congestion issues in the neighborhood and establish a trend and metric for that statistic. Mr. Randy Stoneking of 2525 Wilshire Court, located in the Kensington Manor Home section of Kensington Park. He is also the board president of the Manor Home Association. Mr. Stoneking stated that the park is an issue as there are a significant number of soccer games that take place there throughout the spring, summer, and fall. However, he sits on his deck, which overlooks Concord Way, and the issue is not necessarily specific to the soccer games. Perhaps people coming to the soccer games are in a hurry to drop their kids off or get there if they are running late. When they are leaving, there are so many leaving at the same time that it is not an issue. What the neighborhood is mostly concerned about is the overall speed on Concord Way. Mr. Stoneking did admit that it's not just the events at the park; it is a mixed bag. The residents have talked to members of the police department and members of the council at their annual National Night Out picnic over the last two or three years about this issue. The residents would like to see the speed limit on this street reduced with appropriate signage, and recognizing that signage by itself without enforcement does nothing. Concord Way speed limit is 30 mph, since it is not marked otherwise. They would like the issue to be expanded to consider lowering the speed, increase enforcement, and even the possibility of speed humps being placed on Concord Way. Mr. Stoneking understands the issue of not putting in the stop sign. He believes it would slow drivers down somewhat but it is his personal observations that even as people are exiting Concord Way, they are still picking up speed before they make the turn. He believes they need to overall lower the speed limit, enforce the speed limit, and consider the installation of speed humps. Mayor Krebsbach commented that it was her understanding that the neighborhood was interested in pedestrian striping. Mr. Stoneking replied that the striping would be helpful too as there are no paths in Kensington. Mayor Krebsbach asked if the Traffic Safety Committee discussed striping. Mr. Mazzitello replied that pedestrian striping was not brought up. The committee would have to look at what it would do to the travel lane width and do another analysis. Pedestrian striping would prevent parking, which is currently allowed on both sides of the street. Mr. Mazzitello recommended that in the immediate short term that the city use the new acquired speed cart, once in possession, to monitor the traffic on Concord Way, track the speed of the vehicles, try to establish trends of when there are excess speeds being executed on the street, and then allocate police resources accordingly in those time windows to enforce the speed limit of 30 mph. Once the city has that data in hand, other alternatives may come to mind. Councilmember Duggan asked how difficult would it be to drop the speed limit on Concord to 25 mph posted. Mr. Mazzitello answered that he would refer that question to Chief Aschenbrener. There are specific state rules within the State of Minnesota that need to be abided by in order to lower the speed Mendota Heights City Council October 18, 2011 Page 16 limit of a residential street below 30 mph. When posed this same question, Chief Aschenbrener indicated that it could not be done. Under the uniform traffic code, the police follow the rules that are set forth by the state and federal government for those speeds. The Traffic Safety Committee would be adding signs in addition to what is recommended. On private streets, the residents can set the speed limit but public streets must follow the rules of the state and federal government. Mr. Stoneking asked, if the speed limit cannot be lowered to 25 mph the residents would lobby for increased enforcement of the existing speed limit and would support the Traffic Safety Committee's recommendations. For clarification, Mr. Mazzitello stated that the recommendation of the Traffic Safety Committee is that the police department coordinate with Parks to provide resources as needed during park events, and to use the speed cart to track traffic and speed data of the usage of Concord Way to establish the trends and any specific timeframes where speed may be an issue so enforcement resources can be allocated appropriately. Councilmember Duggan moved to accept the recommendation of the Traffic Safety Committee in regards to Concord Way and Lockwood Drive. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Item: Install center crosswalk signs in front of Friendly Hills Middle School. Mr. Mazzitello explained that public works has installed these center line signs three times in the past, with each instance within two to three weeks they have either disappeared completely or have been found on the side of the road, crushed by traffic. What public works did the last time they found the signs was, instead of reinstalling them on the center, they mounted them to the signs behind the curb on either end of the crosswalk to draw better attention from the drivers to the fact that there is a crosswalk there. After hearing the comments and testimony from the public and the assistant principal at the Traffic Safety Committee, the TSC recommends public works take those center line signs off the curb signs on either end of the crosswalk and reinstall them on the center line of Mendota Heights Road at Huber Drive and Lockwood Drive. The school district, as part of that meeting, agreed to remove the centerline signs for the winter and reinstall them in the spring so the snowplows do not wind up throwing them off the road. Further, the school district agreed to replace the signs if they become damaged beyond repair or go missing. Councilmember Duggan moved adoption of the Traffic Safety Committees recommendation to install center crosswalk signs in front of Friendly Hills Middle School. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Item: Speed on Dodd Road North of Wentworth Avenue. Mr. Mazzitello explained this is a request for the Traffic Safety Committee to look at speed issues on Dodd Road, north of Wentworth Avenue. Right around the same time this request came in, the school district had MnDOT establish a school cautionary speed zone in front of Somerset Elementary School. The TSC recommends waiting to see if that school zone has any impact on the traffic before making a hard recommendation on addressing traffic on Dodd Mendota Heights City Council October 18, 2011 Page 17 Road. No action was necessary on this item. Mr. Mazzitello continued by stating that there were four activities that were recommended and approved by council at the past meeting and provided follow -up updates. The first issue is speed on Marie Avenue west of Dodd Road, between Dodd and I -35E. In response to the council's approval of the previous recommendation from the committee, the police department conducted 19 additional hours of speed enforcement on Marie Avenue; they made 24 traffic stops during that period, and issued 12 citations and 12 verbal warnings. Because of the number of citations and warnings issued, the TSC unanimously recommends continuing patrolling Marie Avenue within the regularly scheduled rotation of police department assets and further recommends that the speed cart be utilized in both directions on Marie Avenue to monitor and track speed to establish trends so the police department can better effectively allocate their resources to Marie Avenue. Mr. Mazzitello stated that Chief Aschenbrener has been working on gathering the data for the specifications for the speed cart and the Traffic Safety Committee recommends that a specific scoped price and purchase recommendation be brought forward to council as soon as possible. The second issued reviewed from the previous Traffic Safety Committee meeting was a request for a yield sign or a slow children at play sign on First Avenue at Laura Street. In response to this request, the police department conducted 16 hours of additional monitoring and enforcement, made six stops issuing four citations and two verbal warnings. This incident rate is consistent with the regularly scheduled enforcement so the TSC recommends no further additional enforcements be taken at this intersection and that they continue with their regular scheduled enforcement. The next item was a request to change the yield signs to stop signs at Lilac and Douglas. The police department conducted 9.5 hours of additional enforcement monitoring and recorded no incidents at this intersection. The Traffic Safety Committee recommends no further actions. The final issue reviewed was a request made to have a crosswalk striped across Lexington Avenue at Victoria. There is a trail that runs along Lexington and along Victoria that has pedramps allowing pedestrian traffic to cross Lexington. There is currently no striping or signage of a pedestrian crosswalk at that location. Since Lexington is a county road, at the previous Traffic Safety Committee meeting, the recommendation was made that city council pass a formal request of Dakota County to look at this pedestrian crossing and put in any safety apparatuses that they deem appropriate to install. In conversations with Dakota County, they are very likely going to sign the crosswalk with pedestrian signs. They are also very likely to stripe a crosswalk, but in order to do so Dakota County would like to have a speed study on Lexington conducted. The speed study is done by the Department of Transportation and would consist of monitoring the speed over a specific period of time to determine the average speed of vehicles traveling between Highway 110 and Marie Avenue. The county gave the City of Mendota Heights the choice of ending the speed study at Marie Avenue or continuing the speed study all the way to Highway 13, along Lexington Avenue. The Traffic Safety Committee discussed the options and has made the recommendation that the speed study be conducted from Highway 110 north to Marie Avenue only. Once the speed study is complete, Dakota County will make a determination as to the pedestrian safety measures necessary at this crossing. Mayor Krebsbach asked why the speed study is not recommended all the way to Highway 13. Mr. Mazzitello replied that the speed limit from Marie Avenue north to Highway 13 is currently 30 mph, and Mendota Heights City Council October 18, 2011 Page 18 the Traffic Safety Committee was concerned that if the speed studies were conducted on this section that the Department of Transportation would require the county to raise the speed limit above 30 mph. Councilmember Petschel moved Approval of a "RESOLUTION REQUESTING A SPEED STUDY ON COUNTY ROAD 43 (LEXINGTON AVENUE) FROM STATE TRUNK HIGHWAY 110 TO MARIE AVENUE" Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COUNCIL COMMENTS Councilmember Petschel noted that there is a billboard in Eagan on I -35E that is lighted and moving, almost like a movie screen, and when traveling south on Lexington the illusion that the sign itself is at the end of Mendota Heights Road. She finds this to be really disconcerting and dangerous. Chief Aschenbrener responded that Councilmember Petschel is absolutely correct and Mendota Heights is not the only community facing that. Sadly, as technology continues to improve, we will probably see more and more of these types of signs. Councilmember Petschel commended Assistant to the City Administrator Jake Sedlacek for the wonderful open house at Pilot Knob. She learned so much and it was an incredibly wonderful and instructive afternoon. Councilmember Povolny commented that from tonight's meeting, he thinks there is a message here that people in Mendota Heights should slow down in their own neighborhood, should slow down in other people's neighborhoods, and should slow down in construction zones. He attended the fire department's Fire Prevention event last Saturday, which was really fun. They burned a building that had no sprinkler system and almost everything was lost. They then burned a building that had a sprinkler system and it was almost a non - event. Councilmember Duggan acknowledged Mr. Sedlacek for his 5th anniversary with the city. He also acknowledged City Clerk Sandie Thone and Ms. Tamara Schutta for their work in setting up and running everything to hire a new city administrator, something that neither one thought they might be doing but ended up doing and did so exceptionally well. Councilmember Duggan mentioned that TK's does a fundraiser every year, and the fundraising in this case is specifically for the canine division out of West Saint Paul. A canine did apprehend or help apprehend the suspect in the Mendota Liquor robbery. Councilmember Duggan, after reading his bonfire poem, announced that there will be a bonfire this year at Mendota Plaza and proper brush can be brought to Mendota Plaza beginning October 24, 2011. Mayor Krebsbach acknowledged the role of all of the mayors before her for the city's strong fiscal policy, specifically noting Mayor Charles Mertensotto's role in terms of guiding and establishing the city with fiscal restraint. Mendota Heights City Council October 18, 2011 Page 19 Mayor Krebsbach asked for the formation of a sub - committee to meet with the Aztec and Apache neighborhood in CDA. Councilmember Duggan wholeheartedly agreed and mentioned that they are meeting on Wednesday, October 26, 2011. Mayor Krebsbach announced that council has made their choice to fill the role of City Administrator and they welcome Justin Miller. He has been at Falcon Heights for the last five years as their City Administrator and before that an Assistant City Manager in Chanhassen. The resolution to that affect would be expected at the next council meeting. Mayor Krebsbach shared a photograph of the new Mendakota Country Club sign on the corner of Dodd and Highway 110. CLOSED SESSION TO DISCUSS ONGOING LITIGATION City Attorney Tami Diehm stated that the purpose of the closed session is to discuss litigation with regard to Mendota Mall Associates versus The City of Mendota Heights. Councilmember Duggan moved to adjourn to Closed Session to Discuss Litigation in re: Mendota Mall Associates, LLP v. The City of Mendota Heights. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Present at the closed session to discuss ongoing litigation between Mendota Mall Associates, LLP v. City of Mendota Heights were Mayor Krebsbach, Councilmember Duggan, Councilmember Povolny, Councilmember Petschel, Attorney Tami Diehm, Attorney Bob Alsop, Interim City Administrator John Mazzitello and Assistant to the City Administrator Jake Sedlacek. :__11 018 Mayor Krebsbach adjourned the meeting at 10:15 p.m. Sandra Kreb ch Mayor k 1, vwi City Clerk