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2011-10-04 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 4, 2011 October 4, 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, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved adoption of the agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Petschel noted one addition to the September 20, 2011 meeting minutes. Councilmember Vitelli moved approval of the revised minutes of the regular meeting held on September 20, 2011. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Vitelli moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items B) Acknowledgement of the September 27, 2011 Planning Commission Meeting Minutes, C) Acknowledgement of the September 2011 Building Activity Report, G) Authorization for Property Disposal, I) Approval of issuance for a Massage Enterprise License for Green Lotus Yoga and Healing Center, and K) Approval of Consultant Services for Insurance Agent of Record Mendota Heights City Council October 4, 2011 Page 2 a. Acknowledgement of the September 13, 2011 Parkcs & Recreation Commission Meeting Minutes b. Acknowledgement of the September 27, 2011 Planning Commission Meeting Minutes c. Acknowledgement of the September 2011 Building Activity Report d. Approval of a Sign Permit for Anytime Fitness located at Mendota Plaza on Dodd Road e. Authorization to Execute a Contract with Bunker Park- Stables f. Authorization to Purchase Turn Out Gear and Pants g. Authorization for Property Disposal h. Adoption of "RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE LEMAY LAKE ROAD RECONSTRUCTION PROJECT" i. Approval of issuance for a Massage Enterprise License for Green Lotus Yoga and Healing Center j. Approval for Out of State Training k. Approval of Consultant Services for Insurance Agent of Record 1. Deer Control Update m. Approve the Contractors List n. Approve the Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) ACKNOWLEDGEMENT OF THE SEPTEMBER 27, 2011 PLANNING COMMISSION MEETING MINUTES Councilmember Petschel suggested a word change in the planning commission meeting minutes. Councilmember Petschel moved Acknowledgement of the September 27, 2011 Planning Commission Meeting Minutes Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 C) ACKNOWLEDGEMENT OF THE SEPTEMBER 2011 BUILDING ACTIVITY REPORT Councilmember Duggan made note for the record that despite the economy, the building valuations year-to-date as of September 2011 are double what they were in 2009 and 30 percent more than they were in 2010. It would appear that Mendota Heights is an attractive place for a lot of people to do business. Councilmember Duggan moved Acknowledgement of the September 2011 Building Activity Report. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council October 4, 2011 Page 3 G) AUTHORIZATION FOR PROPERTY DISPOSAL Chief of Police Michael Aschenbrener commented that the Police Department has been in the process of updating their records and as part of that they obtained an electronic tracking system for all property in the property room. Over the course of the past year they have gone through and compared each piece of property against the record retention schedule and against the case files. The department has provided a list of items to be placed into city service and items for auction. To dispose of property other than throwing it away, the department is required by statute to have the council's permission to do so. Periodically the council will see lists of property to be disposed of by an on -line auction service. What the department is looking for from the council is permission to take the items to be placed into city service and hand them over to the appropriate department heads for placement, and take the items for. auction and do the publication, sign a contract to work with an auction house to make it available for sale following the state statutes and city ordinance covering disposal of property. Councilmember Vitelli moved to provide Authorization for Property Disposal. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF ISSUANCE FOR A MASSAGE ENTERPRISE LICENSE GREEN LOTUS YOGA AND HEALING CENTER Ms. Candy Bell of Prior Lake, Minnesota approached the council and explained she is a yoga instructor and part owner and partner of Green Lotus Yoga and Healing Center. She explained the center has been a part of the Lakeville community for the past four years and will be opening their second site in The Village in Mendota Heights. Green Lotus is an integrated healing center and their facility will have two yoga studios, which will have approximately 35 to 40 classes a week. They will have eight healing rooms that will include their massage therapists. They also have a licensed psychologist, a licensed acupuncturist, and a certified hypnotist. They will have a yoga instructor training school that is certified and registered by Yoga Alliance and licensed by the State of Minnesota Higher Education. They plan to have an open house in early or mid - November and she extended an invitation for all to join them. City Cleric Sandie Thone commented that the enterprise license before council tonight is for the massage portion of the business per city ordinance. Councilmember Duggan asked if there is any room for Weight Watchers. Ms. Bell replied in the affirmative. Councilmember Duggan moved Approval of Issuance for a Massage Enterprise License to Green Lotus Yoga and Healing Center. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council October 4, 2011 Page 4 K) APPROVAL OF CONSULTANT SERVICES FOR INSURANCE AGENT OF RECORD Mayor Krebsbach explained that she pulled this item because Councilmember Petschel would need to recuse herself, as this is a recommendation to continue to work with Bearence Management Group and her spouse; Mr. Ken Petschel is part of the Bearence Management Group. This has been vetted at a prior time for conflict of interest. Councilmember Duggan moved Approval of Consultant Services for Insurance Agent of Record. Councilmember Vitelli seconded the motion. Ayes: 4 (Duggan, Povolny, Vitelli, Mayor Krebsbach) Abstain: 1 ( Petschel) Nays: 0 There were none Assistant City Engineer Ryan Ruzek explained three rehabilitation projects are being proposed for 2012. The presentation will cover the following items: • Authorization and Acceptance • Issues and Concerns • Project Scope ■ Project Costs ■ Assessment Calculations ■ Funding Sources ■ Public Improvement Process ■ Project Schedule ■ Questions Authorization and Acceptance: City staff developed a five -year street improvement plan, which was accepted by council on October S, 2010 and three projects were identified as 2012 projects in that report. Preparations and feasibility reports for these projects were authorized by city council on May 17, 2011 and accepted by city council on August 16, 2011. Issues and Concerns: Failing bituminous surfaces in relatively poor condition, staff has received numerous complaints, and the surfaces no longer meet the city's minimum design criteria. There are drainage issues, chipped and cracked curbs allow water to get under the pavement and there is poor drainage along some curb lines. Mendota Heights City Council October 4, 2011 Page 5 Project Scope: This project includes rehabilitation of complete pavement replacement to Diane Road (north. of Nina Court), Rae Court, Adeline Court, Nina Court, Celia Drive, and Eagle Ridge Road and includes milling and overlay to Diane Road (south of Nina Court), Barbara Court, and Douglas Road. Diane Road (north of Nina Court), Rae Court, Adeline Court, Nina Court, and Celia Drive were all constructed in 1979, are 33 feet wide, and have a cross section of 2 inches of bituminous over 6 inches of aggregate base. The method of rehabilitation requires removal of the existing 2 inch pavement; place a new 2 inch base course and a 1.5 inch wear course making 3 inches of new pavement on the street. Damaged concrete curb and gutter will be replaced as well as catch basin repairs. Diane Road (south of Nina Court), Barbara Court, and Douglas Road were constructed in 1989, are 33 feet wide, and have a cross section of 3.5 inches of bituminous over 6 inches of gravel. Staff is proposing to mill a 6 -foot wide strip adjacent to the curb and gutter and place a new 1.5 inch overlay over the entire street. Damaged curb, gutter and catch basin repairs will take place as well. Eagle Ridge Road was constructed in 1970, is 33 feet wide, and has a pavement cross section of 7 inches of bituminous. Curb and gutter were installed and is failing. Proposed improvements are to reclaim the entire 7 inches of bituminous, pack that down as a new base, and install 2 inches of base course and a 1.5 inch of wear course on top of that, bringing it up to the current design standards of the city. Damaged curb, gutter, and catch basins will be replaced. Project Costs (approximate): Rehabilitate Diane Road North Mill and Overlay Diane Road South Rehabilitate Eagle Ridge Road Total estimated project cost $293,000 $114,000 $120,000 $735,938.88 (includes indirect costs) Assessment Calculations: Are based on the city's assessment policy. The project cost is multiplied by 50 percent to arrive at the assessment cost. The assessment cost is then divided by the number of units affected to arrive at the assessment cost per unit. Diane Road North Diane Road South Eagle Ridge Road $3,197.11 per unit $1,802.45 per unit $464.27 per unit Funding_ Sources: Staff is proposing that $316,000 would be collected through assessments and the city would be bonding for $419,642.88. PIMUNTHE Project Scope: Rehabilitate Marie Avenue between Dodd Road and Delaware Avenue. The street was constructed in 1974, the roadway varies from 36 feet to 44 feet, it has a pavement cross section 3 inches Mendota Heights City Council October 4, 2011 Page 6 of bituminous over 7 inches of aggregate base, and has concrete curb and gutter. Mill and overlay was performed in 1992 although it is currently failing and is in need of repair. The proposed improvements are to remove the entire pavement section, replace with a 2 inch bituminous base course and 2 inch bituminous wear course and damaged concrete curb and gutter would be replaced. In addition to the pavement replacement, St. Paul water is requiring that the city replace the water main on that street due to the break frequency. It is also proposed to remove the existing bituminous trail and replace it with new pavement on the trail. Project Costs (approximate): Rehabilitate Marie Avenue Curb & Gutter Replacement Water Main Replacement Trail Replacement Total estimated project cost $509,000 $78,000 $311,000 $55,000 $1,193,956.45 (includes indirect costs) Assessment Calculations: Are based on the city's assessment policy. The project cost is multiplied by 50 percent to arrive at the assessment cost. The assessment cost is then divided by the number of units affected to arrive at the assessment cost per unit. The assessed value on this project would be $318,510.72, which would be divided by 34 properties, resulting in an assessment of $9,367.96 for the residents. Staff is proposing to cap that assessment at $3,200 to be in line with the highest assessment for similar rehabilitation projects. Funding Sources: Staff is proposing that $108,000 would be collected through assessments; bonding would be $377,000, and state funds of $106,000. The water main replacement and a portion of the street costs would be paid for out of the water utility fund of $601,965. Project Scope: Rehabilitate Mendota Heights Road between Dodd Road and Delaware Avenue. Mendota Heights Road was constructed in 1984 from Visitation Drive to Concord Way with a pavement cross section of 6.5 inches of bituminous surface over 4 feet of select granular base. In 1989 the street was extended from Concord Way to Delaware Avenue with a pavement cross section of 5 inches of bituminous surface over 7 inches of aggregate base. The roadway is 44 feet wide measured from base of curb to base of curb and an 8 -foot bituminous trail was constructed along the south side of the road in 1984 and 1989. Concrete curb and gutter was installed; it is fully served by water, sanitary, and storm sewer; and it currently has failing bituminous surface and is in need of repair. The proposal is to mill 2 inches of existing bituminous surface and place a new 2 inches bituminous overlay and replace any damaged curb and gutter. Trail improvements would include placing a 1.5 inches bituminous overlay over the existing trail. Staff is also proposing, as an option to the city council, to construct a 150 -foot long turn lane at the Mendota Heights Road and Dodd Road intersection (west bound on Mendota Heights Road at Dodd Road). Mendota Heights City Council Project Costs (approximatgh Rehabilitate Mendota Heights Road and Curb & Gutter Replacement and Trail Replacement Total estimated project cost $588,780 $706,536.12 (includes indirect costs) October 4, 2011 Page 7 Assessment Calculations: Are based on the city's assessment policy. The project cost is multiplied by 50 percent to arrive at the assessment cost. The assessment cost is then divided by the number of units affected to arrive at the assessment cost per unit. This project only has one residence, a school, and parks that abut the street. Based on the assessment policy, the assessed value would be $264,780. Staff did use a front footage assessment for this project and came up with, based on the city policy, of a front footage assessment of $23.48 per foot. The residential lot is 200 feet long; using the linear foot assessment the assessed value for that property would be $4,644.34. Staff is proposing to cap their assessment at $10.00 per foot, resulting in an assessment of $1,978. Staff is still proposing to assess the parks and the school district the full linear front footage of $23.48 per foot. Mayor Krebsbach asked if the school district is aware of the proposed assessment. Mr. Ruzek replied that letters have been sent out with no response from the school district. Mayor Krebsbach also asked what assessing the park means. Mr. Ruzek answered this means city bonds will be covering that. Funding Sources: Staff is proposing that $60,000 would be collected through assessments; bonding would be $256,000, $304,412 would be out of the MSA account, and utilizing $84,784 out of the infrastructure fund to pay for the turn lane and the trail improvements. Public Improvement Process: These three projects have been incorporated into the Capital Improvement Program, the preparation of a feasibility report was authorized by council at the May 17, 2011 city council meeting, the feasibility reports have been issued, the feasibility reports were accepted by council at the August 16, 2011 city council meeting, and council called for public hearings on October 4, 2011. Once the public hearings take place, and if council orders the projects to go ahead, the projects will be back before the council three more times prior to the projects being initiated. Staffs is recommending that council conduct the public hearings and order the improvements authorizing staff to prepare the plans and specifications for all three projects. Then if city council wishes to implement the staff recommendations, pass motions adopting A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DIANE ROAD NEIGHBORHOOD IMPROVEMENTS IN I Lei 9 6V 1 M ta I an 1 A'1 V.11 I CI a I V.1,11vol I • Mendota Heights City Council October 4, 2011 Page 8 A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MENDOTA HEIGHTS ROAD REHABILITATION Mayor Krebsbach requested that Public Works Director John Mazzitello speak to the calendar, staff capacity, and bonding. Mr. Mazzitello stated that 2012, from April through October, is going to be an extremely busy year for the engineering staff. They have the three projects proposed this evening and one more yet to come, which is the Lemay Lake Road reconstruction. These were all approved as part of the Street Improvement Plan back in 2010 and it is believed that the engineering department has the staff capacity to handle these four projects but probably should not add any more. Ideally the reconstruction project ( Lemay Lake Road) would start first because of the length of time reconstruction takes. The rehabilitation projects would start afterwards with an anticipated completion time of late September or early October 2012. Councilmember Duggan asked Mr. Mazzitello if he felt that he had enough staff to handle this based on what was just said or did he think he would need to have some temporary consultants come in to assist. Mr. Mazzitello replied that staff includes himself, Mr. Ruzek, Staff Engineer Michael Albers, Technician Bobby Crane, and they hire an intern every summer. Between the five, these three projects and the Lemay Lake Road reconstruction can be handled. If any other major work is added they may need to have some sort of temporary outside consultant service, which has been done in the past. Mayor Krebsbach asked Finance Director Kristen Schabacker to talk about how much the city would be bonding. Ms. Schabacker stated that she has not pulled all of the numbers together but she knows that, with the utility funds, the city has sufficient balances to cover the utility infrastructure, and has enough capacity to bond for the costs to cover these projects. Councilmember Petschel asked if the bond load being requested is an unusual amount for a single summer's work or is it typical. Ms. Schabacker replied that it is a little on the higher side but it is typical when the city has these street projects that they do bond for them. It is not anything greater than would be expected. Councilmember Petschel asked if Mr. Ruzek needs direction from the council in terms of the turning lane on Mendota Heights Road. Mr. Ruzek replied that staff would like that decision tonight and it is included in the resolution. The resolution would need to be amended if the council wanted to eliminate the turning lane. Mayor Krebsbach opened the public hearing on the Diane Road Neighborhood Improvements. Mr. Peter McCarthy, 876 Barbara Court, asked how long the residents could expect the rehabilitation project to take place. Mr. Ruzek replied that generally the rehabilitations, such as the one for the Diane Road Neighborhood Improvements, take approximately six to eight weeks. Everyone should be able to get in their driveways every night, with the exception of if they replace the concrete curb right in front of the driveway. In that case it could take three to five days for that concrete to cure and the driveway would be inaccessible. It is anticipated that the project would start in June or July of 2012. Mayor Krebsbach asked if there was anything in these projects like in the Wagon Wheel Trail project where trees were marked for removal, then they were cut down, and then the actual road improvements Mendota Heights City Council October 4, 2011 Page 9 came later. Mr. Ruzek replied that the Wagon Wheel Trail project was a complete reconstruction whereas these are rehabilitations. Generally, the curb lines stay in and sections of curb are replaced throughout the project that have settled or are in need of replacement. Mayor Krebsbach asked what would happen if someone wanted to do something with their driveway. Mr. Ruzek answered that this is a project where the city can make their driveway opening larger but would not be doing any driveway work unless the driveway is disturbed by the rehabilitation, and then they would only repair what was disturbed. Mayor Krebsbach then asked if this would be a good time for a resident to do something with their driveway if they wished. Mr. Ruzek stated that generally the city's contractors are not looking to do private work. But usually during or right after every project there are a number of homeowners making many improvements to their homes and it brightens up the whole neighborhood. Mr. Ruzek also mentioned here that the assessments on all of the projects for rehabilitation under consideration tonight are repayable over a 10 -year period on property taxes. Mr. Jim Povolny, 912 Adeline Court, asked if he understood it right that the original pavement is 2 inches over aggregate base. The answer was affirmative. Mr. Povolny then asked if there is any reason why that was allowed to be 2 inches. Mr. Ruzek replied that the city might have had a different standard at the time. Mr. Povolny asked for confirmation that there will be proper engineering staff to ensure the proper base and asphalt courses are laid. It was confirmed. He inquired if there is a reason for this improvement to take place today as opposed to possibly two or three years down the road. Mayor Krebsbach stated that there are many other neighborhoods, hers included, that would love to have their roads rehabilitated if this neighborhood would like to switch time frames. He inquired about how the residents would have access to find out who is awarded the contract so they might be able to individually or collectively go through and ask for individual residents to be paved along with the road to create efficiencies. Mr. Ruzek replied that, assuming the project goes ahead as proposed, staff would develop plans over the winter time, the plans would go to the council for approval, from there they would advertise for bids, and selection of the contractor would be made. Before the city starts the project they hold a pre - construction meeting with the contractor. At that time the city gets their schedule and any issues out in the open. From there a letter is sent out to all of the residents in the project area letting them know who the contractor is and who the contact people are. However, residents are asked to contact city staff first. The letter also includes whether or not the contractor is willing to do additional driveway work and when the project will begin. Councilmember Povolny commented that, for example residents in the Diane Road North project area are being assessed a total of $3,197.11 spread out over 10 years; this equates to $319.71 per year. He suggested that residents should figure out how much this is going to cost them per year. Mr. Ruzek stated that an informational meeting was held on September 21, 2011 where this information was shared. He continued by explaining that if a resident is assessed the $3,197.11 their first year payment would be $561 and then it gets less and less over the 10 years. This a result of the assessment at 6 percent interest. Mayor Krebsbach asked Ms. Schabacker to explain the ways residents could pay assessments applied for any of the projects. Ms. Schabacker explained that once the project is substantially complete, the city holds an assessment hearing. After the assessment hearing the residents have 30 days to pre -pay Mendota Heights City Council October 4, 2011 Page 10 their assessment, either partially or in full, at city hall. After 30 days it gets certified to their property taxes with Dakota County and at that point it will show up on their property taxes annually. However, they do have the opportunity to go down to Dakota County at any point after it has been certified to pay it off. That would save them the 6 percent interest. Councilmember Duggan commented that in the past residents have come and asked why the city charges 6 percent interest when they can go to the bank and get a lower rate and asked Ms. Schabacker to give an answer. Ms. Schabacker explained that, especially for a reconstruction project, the assessment repayment is over a 20 -year period. Interest rates fluctuate over that time. There are also bond issuance costs and administrative costs that go into setting that 6 percent interest. Councilmember Petschel, in response to Mr. Povolny's question as to why now, explained that each project is determined by the age, condition, need, and put on a regular maintenance -type schedule. It may be inconvenient when it is your streets' turn, but in terms of how it manages the city streets in general and keeps them in good condition, it is a good plan. Mr. Glenn Korfhage, Lake Jackson, Texas, recently inherited a condominium in Ridge South on Eagle Ridge Drive and commented that when he and his wife were visiting earlier this summer, before seeing the notices, were commenting to each other about how badly the road had deteriorated and were very discouraged to see that deterioration occurring. When he received the notice about this project he was delighted. Councilmember Duggan commented that oftentimes, even if there is a glitch here or there during the rehabilitation project, he hears nothing but compliments to staff and the engineering department when it is all done. They have been doing an outstanding job and he has no reason to believe that they won't continue to do an outstanding job. Staff is very receptive to resident concerns and issues; if the residents get their concerns and issues to staff, they wi� l help with that. Ms. Georgeane Glasgow, 1802 Eagle Ridge Drive, commented that she is looking forward to this project. She stated that it sounds like Eagle Ridge is one of the oldest streets and asked if there are any concerns about the city sewer or city water at that point. Mr. Ruzek replied that they do televise the sanitary sewer and clean it every five years so there are no issues with the sanitary sewer. As for the water main, there is not a large break frequency on the project and there is no need to replace the water main. Mr. Tom Kunik, 1626 Diane Road, stated that he is very happy and pleased that this project is going forward. However, the first winter the plows come through and chunks of concrete go flying off the curb and it starts looking crappy again. He asked if there is someway that engineering can set their things that they just go out a little bit from the curbing and not break it up right away. Mr. Mazzitello replied that one of the advantages of these rehabilitation projects is they take the poor sections of curb out and put in new sections of curb so they are all flush with each other and the big gouges for the plow blade to hit are gone. That helps alleviate the broken curbs and the chunks of concrete being thrown up by the plow blade. Mr. Walter Baum, 1805 Eagle Ridge Drive, stated that he is glad this project is being done. His only concern is how many months Eagle Ridge Drive is going to be torn up. There are 100 plus residents Mendota Heights City Council October 4, 2011 Page 11 living there that need access to their garages. Mr. Ruzek replied that generally these projects would not be a major disruption and takes six to eight weeks to complete. The first two weeks the contractor will come in and pull the curb that needs to be replaced, put the new curb in, and then the contractor will probably disappear for a week or two while that concrete sets up, and then they will come back in and grind the whole pavement. However, staff writes the specifications so that as soon as the contractor mills the pavement, they have to have the new pavement down within 15 working days. Councilmember Duggan made a minor word correction to the resolution. Councilmember Duggan moved to close the public hearing. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to adopt a RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DIANE ROAD NEIGHBORHOOD ROPROVEMENTS with the minor change Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach opened the public hearing on the Marie Avenue Rehabilitation. Mr. Jeff Holland, 646 Marie Avenue, made a short statement indicating that he and a neighbor visited the 37 properties that are affected by this project. They spoke to 25 of the homeowners about safety concerns along Marie Avenue and received 25 signatures on a petition. This petition urges the city to consider installing traffic calming measures when rehabilitating Marie Avenue next year. Several examples of lost pets, cars being rear ended, and near misses were given. One parent will not allow their child to cross the street to get on bus and instead, drives the child to school each day, and another will not let their children play in the front yard. Most of the residents who live on the south side of Marie Avenue cross the street daily to pick up their mail and others walk their pets. Mr. Holland presented options that were discussed, which included narrowing the visual appearance of the street with striping, striping of parking spaces on the south side of the street or curb extensions at selected points, defining the shoulder area on the north side, florescent striping would be more visible after dark, include a round- about midway between Dodd Road and Delaware Avenue, and add a flashing your speed is sign next to the speed limit sign. At this point Mr. Holland read the petition and turned it over to the city clerk. Mayor Krebsbach asked Mr. Ruzek and Mr. Mazzitello if they were aware of this petition. Mr. Ruzek replied that he was not aware of this particular petition but traffic- calming issues were brought up at the informational meeting. He also stated that this is a rehabilitation project and it would be difficult to incorporate bump -outs, he does not see the feasibility of adding a round- about, but striping could easily be incorporated as part of this project. Another consideration is to move the mailboxes to the south side of the street. Mayor Krebsbach asked if curb extensions could be incorporated into the rehabilitation project. Mr. Mazzitello replied that in addition to the mailbox modifications, visual narrowing of the travel lanes Mendota Heights City Council October 4, 2011 Page 12 could be provided through striping. One of the concerns Mr. Ruzek has brought up is in designing the drainage to have curb extensions installed, if it was done with striping in conjunction with this project and had the time to design the drainage, they might be able to attach the curb extensions to a 2013 project so this project would not have to be delayed or go outside of the scope. When dealing with municipal state aid dollars in a rehabilitation project there are limits as to what can be adjusted and what cannot. Councilmember Duggan asked if a service level assessment of Marie Avenue should be available. Mr. Mazzitello replied that he is unaware of a service level assessment of Marie Avenue being done. However, they do have MnDOT traffic counts but he does not have that figure at this time. Councilmember Duggan urged staff to consider looking at the cost of adding a center island that is not continuous but is broken up to allow for turn ins and turn outs. Mayor Krebsbach stated that the council does not make engineering decisions and asked if this public hearing could be continued to the next city council meeting. Council would like to have time to consider the petition and hear other comments from residents along Marie Avenue. Mr. Mazzitello replied that as long as this does not interfere with Mr. Ruzek's schedule for the project, this public hearing could be postponed to October 18, 2011. Mayor Krebsbach welcomed other public comments on this project. Mr. Placido Mendez, 700 W. Marie Avenue, stated his concern about the mailboxes. His is on the south side of the road, on the walkway, and he would not like to have to cross the street to get his mail. Mr. Ruzek replied that mailboxes would not be moved to the north side of the street. What is being proposed is installing group mailboxes where each resident would have their own mailbox; they would just be grouped together on the same mailbox stand so everyone on the south side of Marie Avenue would not have to cross the street to get their mail. The trail would be moved slightly behind the mailboxes. The mailboxes would be within 100 feet of the residences. Mr. Steve Norton, 640 Marie Avenue, expressed his concerns with moving the mailboxes to the south side of the street with plowing and grading. He also stressed the importance of having traffic calming measures installed on Marie Avenue. Being on the Planning Commission, he understands the reasoning about the not allowing the permanent flashing your speed is sign, but would encourage the city to consider amending the ordinance. Councilmember Duggan commented that the clustering of the mailboxes might need to be approved by the Post Office. He also believes there is a safety issue and if the police department urges the city to consider a permanent flashing sign for safety reasons that can be acceptable within the ordinance language. Mr. Vernon Edstrom, 637 Marie Avenue, expressed his concerns about the placement of a permanent flashing sign. Mayor Krebsbach suggested that this concern and more details about the flashing sign be researched and discussed over the next two weeks and then brought back at the next council meeting. Mendota Heights City Council October 4, 2011 Page 13 Councilmember Vitelli moved to continue the Marie Avenue Rehabilitation public hearing to the October 18, 2011 city council meeting. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach opened the public hearing on the Mendota Heights Road Rehabilitation. Councilmember Duggan expressed his support of the proposal to construct a 150 -foot long turn lane at the Mendota Heights Road and Dodd Road intersection (west bound on Mendota Heights Road at Dodd Road). Mr. Ruzek replied that the resolution presented does include the turn lane. Councilmember Vitelli moved to close the public hearing. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan made a minor word correction to the resolution. Councilmember Vitelli moved to adopt A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MENDOTA HEIGHTS ROAD REHABILITATION with the minor change Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 D) OFF -SALE LIQUOR LICENSE MENDOTA LIQUOR OFF -SALE (1 OF 2) Mayor Krebsbach opened the public hearing. City Clerk Sandie Thone explained that this is an off -sale liquor license public hearing, the first of two required for a brand new liquor license. Mr. Patrick Seoun is proposing to sell his business located at 766 Highway 110 to Poopha, Incorporated dba Mendota Liquor. Poopha, Incorporated dba Mendota Liquor and business owner Mr. Jeerasak Poophakumpanart has submitted all of their paperwork and they are in order. The Mendota Heights Police Department has completed their background check with favorable results and Poopha, Incorporated is in compliance with the requirements of the Minnesota Department of Public Safety Alcohol and Gambling Division. Mr. Patrick Seoun expressed his appreciation to the council and the City of Mendota Heights for supporting him and his business for the past 16 years. Mr. Jeerasak Poophakumpanart currently owns a business in Newport selling liquor and he is looking forward to serving the Mendota Heights community. Mendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 4, 2011 October 4, 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. • W 0 rex•' Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved adoption of the agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 • : • �e 1I►I yM Councilmember Petschel noted one addition to the September 20, 2011 meeting minutes. Councilmember Vitelli moved approval of the revised minutes of the regular meeting held on September 20, 2011. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Vitelli moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items B) Acknowledgement of the September 27, 2011 Planning Commission Meeting Minutes, C) Acknowledgement of the September 2011 Building Activity Report, G) Authorization for Property Disposal, I) Approval of issuance for a Massage Enterprise License for Green Lotus Yoga and Healing Center, and K) Approval of Consultant Services for Insurance Agent of Record Mendota Heights City Council October 4, 2011 Page 2 a. Acknowledgement of the September 13, 2011 Parks & Recreation Commission Meeting Minutes b. Acknowledgement of the September 27, 2011 Planning Commission Meeting Minutes c. Acknowledgement of the September 2011 Building Activity Report d. Approval of a Sign Permit for Anytime Fitness located at Mendota Plaza on Dodd Road e. Authorization to Execute a Contract with Bunker Park Stables f. Authorization to Purchase Turn Out Gear and Pants g. Authorization for Property Disposal h. Adoption of "RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE LEMAY LAKE ROAD RECONSTRUCTION PROJECT" i. Approval of issuance for a Massage Enterprise License for Green Lotus Yoga and Healing Center j. Approval for Out of State Training k. Approval of Consultant Services for Insurance Agent of Record 1. Deer Control Update m. Approve the Contractors List n. Approve the Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) ACKNOWLEDGEMENT OF THE SEPTEMBER 27, 2011 PLANNING COMMISSION MEETING MEN4=S Councilmember Petschel suggested a word change in the planning commission meeting minutes. Councilmember Petschel moved Acknowledgement of the September 27, 2011 Planning Commission Meeting Minutes Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 C) ACKNOWLEDGEMENT OF THE SEPTEMBER 2011 BUILDING ACTIVITY REPORT Councilmember Duggan made note for the record that despite the economy, the building valuations year -to -date as of September 2011 are double what they were in 2009 and 30 percent more than they were in 2010. It would appear that Mendota Heights is an attractive place for a lot of people to do business. Councilmember Duggan moved Acknowledgement of the September 2011 Building Activity Report. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council October 4, 2011 Page 3 G) AUTHORIZATION FOR PROPERTY DISPOSAL Chief of Police Michael Aschenbrener commented that the Police Department has been in the process of updating their records and as part of that they obtained an electronic tracking system for all property in the property room. Over the course of the past year they have gone through and compared each piece of property against the record retention schedule and against the case files. The department has provided a list of items to be placed into city service and items for auction. To dispose of property other than throwing it away, the department is required by statute to have the council's permission to do so. Periodically the council will see lists of property to be disposed of by an on -line auction service. What the department is looking for from the council is permission to take the items to be placed into city service and hand them over to the appropriate department heads for placement, and take the items for auction and do the publication, sign a contract to work with an auction house to make it available for sale following the state statutes and city ordinance covering disposal of property. Councilmember Vitelli moved to provide Authorization for Property Disposal. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF ISSUANCE FOR A MASSAGE ENTERPRISE LICENSE GREEN LOTUS YOGA AND HEALING CENTER Ms. Candy Bell of Prior Lake, Minnesota approached the council and explained she is a yoga instructor and part owner and partner of Green Lotus Yoga and Healing Center. She explained the center has been a part of the Lakeville community for the past four years and will be opening their second site in The Village in Mendota Heights. Green Lotus is an integrated healing center and their facility will have two yoga studios, which will have approximately 35 to 40 classes a week. They will have eight healing rooms that will include their massage therapists. They also have a licensed psychologist, a licensed acupuncturist, and a certified hypnotist. They will have a yoga instructor training school that is certified and registered by Yoga Alliance and licensed by the State of Minnesota Higher Education. They plan to have an open house in early or mid - November and she extended an invitation for all to join them. City Clerk Sandie Thone commented that the enterprise license before council tonight is for the massage portion of the business per city ordinance. Councilmember Duggan asked if there is any room for Weight Watchers. Ms. Bell replied in the affirmative. Councilmember Duggan moved Approval of Issuance for a Massage Enterprise License to Green Lotus Yoga and Healing Center. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council October 4, 2011 Page 14 City Clerk Thone continued this is the preliminary public hearing for approval of an off -sale liquor license for Poopha, Incorporated dba Mendota Liquor. Per City Code, Section 3 -1 -7E all new liquor license applications shall not be approved before the next regular meeting of the city council, which would be October 18, 2011. The seller and buyer have an anticipated closing date at the end of October, 2011. Councilmember Duggan moved to continue the public hearing for an off -sale liquor license for Poopha, Incorporated dba Mendota Liquor at 766 Highway 110, Mendota Heights, Minnesota 55120 to October 18, 2011. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS A) CASE 2011 -20: NEW CINGULAR WIRELESS 894 SIBLEY MEMORIAL HIGHWAY B) CASE 2011 -27: NEW CINGULAR WIRELESS 750 MAIN STREET Assistant to the City Administrator Jake Sedlacek explained that these are requests for Conditional Use Permits for wireless facility sites. The first request is on Sibley Memorial Highway, just east of Highway 13, to replace the existing arms and antennas with a mounting platform, which would be a little bit larger structure, and then a number of antennas and amplifiers. This would be at the same height as the existing tower but would be some minor impact as they go from the simple arms to a little bit more substantial platform. The second request is at 750 Main Street, otherwise known as the Clock Tower, in the Village at Mendota Heights. This equipment is not actually visible to the common passer -by as it is hidden behind the panels on the sides of the clock tower. Mr. Matthew Kundert submitted the applications on behalf of New Cingular Wireless. The needs are simply to upgrade the antenna equipment in service to the Mendota Heights area. Councilmember Petschel asked Mr. Kundert if the upgrade in the equipment is going to do anything in terms of improving the cellular service reception in the city; there are dead spots. Mr. Kundert stated that residents would probably not see an improvement from these types of modifications as fax as coverage in areas that have gaps. With these types of upgrades should be improved service for what is already covered. Councilmember Duggan asked when the leases on these pieces of equipment in relation to the properties are up for renegotiation. Mr. Sedlacek replied that these are not located on city property and staff is not privy to the lease terms. Mendota Heights City Council October 4, 2011 Page 15 Councilmember Vitelli moved Approval of Case 2011 -20, a "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR WIRELESS FACILITY SITING AT 894 SIBLEY MEMORIAL HIGHWAY" Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved Approval of Case 2011 -27, a "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR WIRELESS FACILITY SITING AT 750 MAIN STREET" Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 C) CASE NO. 2011-26: FRANK PILNEY 1867 WARRIOR DRIVE Assistant to the City Administrator Jake Sedlacek explained that 1867 Warrior Drive is located just north of Highway 110, adjacent to the Sibley High School. Dr. Frank Pilney is seeking a wetlands permit to construct a seasonal room on the back of his existing home. The proposed structure extends two additional feet from the existing deck, is an enclosed area, which is still more than 80 feet from the wetland area. In regards to the landscape wall, it was noted by the Planning Commission that the lawn from the home to the landscape wall is maintained as turf. The area in between the landscape wall and the pond is maintained as native vegetation and serves as an excellent filter for the wetland area. The Planning Commission heard this case at their September 28, 2011 meeting and there were no comments at the public hearing. Ultimately, the Planning Commission agreed with the Planner's findings and recommended approval of this wetlands permit. Councilmember Vitelh moved Approval of a "RESOLUTION APPROVING A WETLANDS PERMIT FOR A SEASONAL ROOM AT 1867 WARRIOR DRIVE" Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 D) CASE 2011 -28: BOB AND KATHY THOMPSON 979 CAREN ROAD Assistant to the City Administrator Jake Sedlacek explained that this is a critical area permit for an accessory structure on the property located at 979 Caren Road. The scope of the project is a 12 feet by 12 feet accessory structure, which would otherwise be allowed by code, but because this is within the critical area it needs to be reviewed to make sure there are no negative impacts upon the river in terms of aesthetics or as a natural resource. The proposed shed would be painted to match the existing home. Comment was received from the neighbor at 975 Caren Road who is comfortable with the nature of the application. There was a public hearing and no one outside of the neighborhood who contacted staff previously had any concerns about this application. Ultimately, the Planning Commission agreed with the Planner's findings and recommended approval of this critical area permit. Mendota Heights City Council October 4, 2011 Page 16 Councilmember Duggan asked about one word in the resolution that was different than in others and he was informed that staff is comfortable with either word. Councilmember Duggan moved Approval of a "RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR AN ACCESSORY STRUCTURE AT 979 CAREN ROAD" Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 E) CASE 2011 -29: DODGE NATURE CENTER 656 HIGHWAY 110 Assistant to the City Administrator Jake Sedlacek explained that Dodge Nature Center is hoping to rehabilitate an existing dam, well within the area of the Dodge Nature Center in Mendota Heights. It was described at the Planning Commission that the existing dam has been there since 1963 and that there is currently some leaking occurring under that structure. Dodge Nature Center has done their homework on this matter and has involved multiple agencies to make sure that the application they are making is the right application for this wetland and for this watershed. The Planning Commission had their public hearing and they agreed with the findings of the Planner and are recommending approval of the wetlands permit for dam rehabilitation. Mr. Dave Napier, representing Dodge Nature Center, commented that they are anxious to get the dam repaired as the pond has been leaking since 2009 and, as a result, remains dry for many of the summer months. The dam will be a water control structure so they will be able to drain the pond down periodically. The DNR does recommend that once in a while to allow the seeds in the bank of the pond to grow and create a better habitat. Councilmember Petschel commented that when she spoke with the excavator, he mentioned that instead of using the road that is behind the homes and going in the fence gate, he plans to plow up the cul -de -sac at the end of Bent Tree, take down the fence, and move all of the equipment for the project in and out that way. Her concerns are 1) upon completion of the project how does the city make sure that the areas that have been disturbed are repaired and, 2) with the hot weather and lack of rain, sparking from the trucks in that area causing a fire. Mr. Napier confirmed the plan to use the cul -de -sac for ingress and egress. Mr. Mazzitello replied that in accordance with the wetland resolution, the contractor and Dodge Nature Center will have to abide by the provisions in the city's land disturbance guidance document, which will require that any disturbed land in conjunction with this project be restored upon completion. In regards to the nature of the dry season, it is standard safety practice and, he believes, OSHA requires contractors carry fire extinguishers on their vehicles. Councilmember Duggan made a minor word correction to the resolution. Councilmember Duggan moved Approval of a "RESOLUTION APPROVING A WETLANDS PERMIT FOR DAM REHABILITATION AT 656 HIGHWAY 110" with the minor change. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council COUNCIL COMMENTS October 4, 2011 Page 17 Councilmember Vitelli, in regards to the dead spots in cellular service, commented that his neighbor was informed by Verizon sales office that the problem was that the City of Mendota Heights was no longer entertaining any further cell phone coverage or towers. Staff did some research going back 10 to 15 years and realized that Verizon has never made an application. He informed the staff at Verizon that they need to correct their story and if Verizon wanted to provide better coverage they ought to make a proposal. There have been no feelings expressed by the council that they are not entertaining ideas from cell phone companies to improve coverage. Councilmember Vitelli announced the birth of his 16th grandchild, Louis John Vitelli. Councilmember Petschel spent Saturday at an event with 10,000 people at the University of St. Thomas, for once, coming out on the winning end against St. John's University. Councilmember Duggan reminded all of the residents to go on the website and vote to get dollars for Pilot Knob for the restoration and removal of the old power lines. October 12, 2011 is the deadline. There is also an open house at Pilot Knob on October 9, 2011 from 2:00 p.m. to 5:00 p.m. Councilmember Duggan also mentioned that he had a wonderful time in Chicago, the architecture in Chicago downtown is amazing; the roof lines are delightful, the streets are clean, and the public arts is an area that would be a good goal for Mendota Heights to have. Mayor Krebsbach mentioned a ribbon cutting at Brown College and asked Mr. Sedlacek to give more information. Mr. Sedlacek confirmed that Brown College has moved into their new building and a ribbon cutting ceremony will be held at 11:00 a.m. on Friday, October 7, 2011. There is also at a ribbon cutting for Technique Restaurant at Le Cordon Bleu at noon on Friday, October 7, 2011. It is in the west wing of Le Cordon Bleu building. Mr. Sedlacek, at Mayor Krebsbach's request and in regards to the bonfire at Mendota Plaza, commented that the timeline would be the same as last year, which is the Monday before Halloween October 24, 2011 through Friday of that week October 28, 2011. Residents are encouraged to bring in their brush and burnable materials. The brush must be less than 4" in diameter and cannot be leaves or grass clippings. It will be closed as soon as the site is full, even if that happens before Friday. If closed, a sign will be posted and it would be illegal to dump once it has been posted as closed. The bonfire itself will be Halloween evening starting at 7:00 p.m., hot dogs and pop will be available, and goodie bags for the youth. Mayor Krebsbach sent greetings to the Jewish residents for the High Holy Days. She also noted that Mr. Jack Barber, who many may remember, had the opening tee off at the Mendakota Golf Course competition this past weekend. Mendota Heights City Council October 4, 2011 Page 18 Councilmember Duggan announced that the 63`d Annual Firefighters Dance is November 12, 2011 from 8:00 p.m. to 12:00 a.m. at Royal Cliff Eagan located at 2280 Cliff Road in Eagan and urged everyone to help the fire department by purchasing lots of tickets and attending the dance. :r•r� Councilmember Duggan made a motion to adj ourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:03 p.m. andra Krebsbach Mayor ATTEST: Bin 1 -',i-A j � � Sandie Thone City Clerk