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2015-10-06 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 6, 2015 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 callec� the lneeting to order at 7:00 p.m. Present were Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. • �• • �•' • Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedule 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) Approval of Ordinance 487, Ainend Code Section 3-7-1 Concerning Criminal Bacicground Checks; fl Approval of Resolution 2015-76, Support for Dalcota County Designation of County State Aid Highway 31 (Pilot Knob Road) as a 10 -Ton County Highway; g) Approval of Resolution 2015-77, Calling for a Public Hearing oi1 the Partial Vacation of Perron Road Right-of-Way; and n) Receipt of August Par 3 Update. a. Approval of September 15, 2015 City Council Minutes Councilmember Petschel moved to table the City Council Minutes of September 15, 2015 until the October 6, 2015 meeting. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 b. Acicnowledgement of September 22, 2015 Planning Coinmission Minutes c. Acicnowledgement of September 8, 2015 Parlcs and Recreation Minutes Octobei• 6, 2015 Mendota Heiglzts City Council Page 1 d. e. f. g• � i. J• ic. l. m. n. o. P• q• Approval of Annual Contribution to Mendota Heights Athletics Association Approval of Ordinance 487, Amend Code Section 3-7-1 Concerning Criminal Bacicground Checics Approval of Resolution 2015-76, Support for Dalcota County Designation of County State Aid Highway 31 (Pilot Knob Road) as a 10 -Ton County Highway Approval of Resolution 2015-77, Calling for Public Hearing on Partial Vacation of Perron Road Right -of -Way Approval of Resolution 2015-78, Providing for the Sale of Generai Obligation Bonds and the Refunding of General Obligation Bonds Approval of City Administrator Service Club Membership/Continuing Education Expenses Approve Purchase of a New Gate Operator at Public Worlcs Approve Purchase of Computer Networlc Infrastructure Approval of Resolution 2015-75 Accept Donation for Patricic Meinorial Receipt of August 2015 Fire Department Synopsis Report Receipt of August Par 3 Update Approval of Claims List Approval of Contractbr List Approve Treasurer's Report Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM E) APPROVAL OF ORDINANCE 487, AMENDING CODE SECTION 3-7-1 CONCERNING CRIMINAL HISTORY BACKGROUND CHECKS City Clerlc Lorri Smith explained this ordinance is to malce the City Code consistent. In April, the City Council amended the Code regulating peddlers and solicitors. The current code does not allow for peddlers or solicitors that are engaging in any coirunercial type of activity. The proposed code amendment will delete the language that requires background checics for peddlers, solicitors, and transient merchants. Mayor Krebsbach noted ihat there are no permits for peddlers or solicitors in Mendota Heights. If someone does come to a resident's holne, any coinmercial type selling is not allowed. Therefore, there will not be a need for background checics. Councilmember Norton moved to approve ORDINANCE 487, AMENDING CITY CODE SECTION 3- 7-1 CONCERNING CRIMINAL HISTORY BACKGROUND CHECKS. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 October 6, 2015 Mendota Heights Ciry Coauzcil PaBe 2 F) APPROVAL OF RESOLUTION 2015-76, SUPPORT FOR DESIGNATION OF COUNTY STATE AID HIGHWA,Y 31 (PILOT KNOB ROAD) AS A 10-TON COUNTY HIGHWAY Councilmember Duggan noted that "WHEREAS, Minnesota Statute 163.02, Subd. 3, allows local governments to designate any street or highway under their jurisdiction as a 10-ton route" be revised to read "WHEREAS, Minnesota Statute 163.02, Subd. 3, allows local governments to designate a certain street or highway under their jurisdiction as a 10-ton route" Counciimember Petschel moved to adopt RESOLUTION 2015-76, SUPPORT FOR DAKOTA COUNTY DESIGNATION OF COUNTY STATE AID HIGHWAY 31 (PILOT KNOB ROAD) AS A 10-TON COLTNTY HIGHWAY with the revision as recoirunended by Councilmember Duggan. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 G) APPROVAL OF RESOLUTION 2015-77, CALLING FOR A PUBLIC HEARING ON THE PARTIAL VACATION OF PERRON ROAD RIGHT-OF-WAY Public Worlcs Director John Mazzitello stafied that staff received a request from an area property owner for a right-of-way vacation. Pursuant to the City's process, a public hearing is required so other parties can be notified. The property in question is 2401 Pilot Knob Road. The current owner wishes to sell and has a buyer. However, when they went to close on the property, the title investigation discovered that a small portion of the parking lot encroaches into the Penon Road right-of-way. The public hearing for the vacation would be held on November 3, 2015. Calling for the public 1learing on the partial vacation would not obligate City Council to vacate the right-of-way. Councilmember Petschel moved to approve RESOLUTION 2015-77, CALLING FOR A PUBLIC HEARING ON THE PARTIAL VACATION OF PERRON ROAD RIGHT-OF-WAY. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 N1r. Bruce Miller of MFC Properties Corporation, the potential purchaser of the site in question, came forward and introduced himself and gave a brief bacicground on his coinpany. N) RECEIPT OF AUGUST PAR 3 UPDATE Councilmember Duggan complimented staff, in particular Recreation Program Coordinator Sloan Waligren, for the great job they are doing; especially with the games that have been added to the Par 3, which have generated greater interest in the use of the golf course for children and adults. Councilmember Norton inoved to accept THE AUGUST PAR. 3 UPDATE. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 October� 6, 2015 Nlerzdota Heights City Coa�ncil 1'age 3 . __ PUBLIC COMMENTS Mr. Brian Birch, 755 Willow Lane, noted that he is the underiying fee owner to part of the Town Center property that remains unused. He shared a diagram of the area and requested that any unused poi�tions be turned bacic over to him. This January it will be 14 years since the City toolc this property by imminent domain. He referenced a law that states that any property that is 10 years old from moment of taking is turned back if it has not been used. He has a use for this area; building of a twin home that would be in the parameters of the PUD. He requested that this be put on the next city council agenda. Mayor Krebsbach referred Mr. Birch to City Attorney Tom Lehmann. Councilmember Duggan commented that in the past, staff has responded within 30 days fio residents who malce requests in the Public Comments portion of a Council meeting. Mr. Ron Furchner, 1032 Sibley Memorial Highway, noted that he watched the previous City Council meeting and he was not happy. He saw the Council discussing a deal with St. Paul Regional Water for conveyance of the water distribution system. He understands that the City can buy it bacic but could not believe that St. Paul Regional Water would seii it bacic for just $1. He also requested to see the minutes of the closed-door meeting that the City Councii had with St. Paul Regionai Water. Mayor Krebsbach noted that there have been four open worlcshop meetings regarding this topic and it has been under discussion for the last year. Mr. Furchner reiterated his displeasure that the City would consider giving that much public investment to St. Paul Regionai Water. Ms. Claire Hayes, Whitfield Drive, brought to the Council's atteiltion the overcrowding of Kensington Park. Five days per week soccer practices and games are held at this parlc. There are two fields with 76 parking places. Mendota Heights Athletic Association schedules eight to ten teains on each of the fields at the same time; so there could be anywhere from 16 to 20 soccer games each weelcday. This causes massive traffic and congestion in the area. She and her neighbors have been trying to get something done about this issue for- some time. She would lilce to see a maximum capacity placed on the field to limit how many games could be played at one time. Mayor Krebsbach noted that staff and the Council are aware of the traffic a�zd congestion issues in the area. She suggested Ms. Hayes continue to worlc with the City Administrator. Mr. Jim Harrell, Beebe Avenue, referencing an a�-ticle in the Heights Highlights about organizing neighborhood garbage services, noted that the article implied that the City is considering forcing residents to use a single garbage collector. In his opinion tlus would be a bad idea. He lilces the idea of having multiple businesses because better service is provided that way. He is quite happy with his service and with what he is paying. Mayor Krebsbach noted that the City is not considering going to organized trash service. She stated the response to the article recommending that neighborhoods worlc together to organize their garbage service has been very good. October 6, 201 S Mendota Heights City Coa�ncil 1'age 4 PRESENTATIONS A) MOMS CLUB OF MENDOTA HEIGHTS PROCLAMATION Mayor Krebsbach invited those in attendance representing the MOMS Club of Mendota Heights to come forward. Representing the MOMS Club of Mendota Heights were Sarah Herschbach and Darcy McKenzie. A brief background of the MOMS Club of Mendota Heights was given, after which Mayor Krebsbach read the proclamation declaring July 1, 2016 as MOMS Club of Mendota Heights Day; the 17t�' anniversary of its founding. Councilmember Duggan moved to proclaim July 1, 2016 as MOMS Club of Mendota Heights Day. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PUBLIC HEARINGS There were no public hearings scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-74 WETLANDS PERMIT AT 2190 GLEN TORO ROAD, PLANNING CASE 2015-36 Planner Nolan Wall explained that the appiicant is requesting a wetlands permit for vegetation removai and construction activity on the parcel located at 2190 Glen Toro Road. The proposed construction activities are within 100 feet of a wetland and do not meet the requirements for administrative approval. Planner Wall shared an image of the parcei and the location of the proposed construction. He also noted the power line easement that runs through the south part of the property. The subject parcel is zoned R-lA and is guided for ruxai residential development oiz the Comprehensive Plan. Both of the conditions outlined between the wetland and the power line easements constrain the buildable area on this parcel. The property is currently undeveloped and the applicant has been contracted to construct a new single-family dwelling on the parcel. The original approvals of a Conditional Use Permit for a Plazu�ed Unit Development, Final Plat, and the Development Agreement for this development were approved in 1998 and do not address a wetland permit for this parcel. This is due to the fact that this particular wetla.nd was not located on the official wetland map at that time. In 2006 the map was updated and the wetland was identified. In 2002, the Council did approve a PUD Amendment that allowed for a reduced setback on several lots within the development. A 10-foot side yard setback was approved for this lot to a11ow for the preservation of the existing trees and to provide for a building site that was as far away as possible from the power lines. Vegetation removal and construction of the proposed patio, porch, retaining wall, and portions of the dwelling will actuaily be located within 25 feet of the wetland boundary. City policy generally restricts clearing and grading within such a distance. In this case, since the previously approved PUD does precede this policy, staff is not proposing that condition. October 6, 201 S Mendota Heights City Coa�ncil Page 5 The engineering department has reviewed the proposed drainage plans and determined that construction on the subject parcel will not negatively impact the development's existing drainage system. According to the applicant, the underbrush and five mature trees would be removed within the proposed building pad. There are also several significant trees within the wetland buffer axea that wouid be preserved as part of this project. Due to the 100-foot wetland buffer encompassing the entire proposed building pad, a condition of approval requiring a landscape plan was included by staff. That plan should be submitted and approved by April 1, 2016. The applicant has acted on that condition and has provided a preliminary landscape plan, which highlights the buffer area. If this application is approved, staff will continue discussion with them to malce sure that landscaping in that area provides as much protected and vegetative buffer for that wetland area as a result of the proposed construction activities. Mr. Thorbecic, architect on this property, came forward and introduced himself and provided a few comments expressing his appreciation of staff and Council. Councilmember Duggan moved to adopt RESOLUTION 2015-74 WETLANDS PERMIT AT 2190 GLEN TORO ROAD based on the following findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) ADOPTION OF OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS FOR THE CITY OF SA1NT PAUL Public Worlcs Director John Mazzitello reminded the Council of the September 15, 2015 City Council meeting where staff presented a proposed agreement between the Ciiy of Mendota Heights and the Board of Commissioners for St. Paul Regionai Water Service (SPRWS), for the conveyance of the water distribution system to St. Pau1 Regional Water Service. Minor revisions to the agreement which were requested by the Council have been made to this agreement. Public Worics Director Mazzitello noted that Mr. Steve Schneider was present to represent SPRWS. Mayor Krebsbach commented that the City Council has been meeting on this topic for over a year and had multiple worlcshops (February 3, May 12, June 29, and August 24) which were open to the public. The results of the workshops were various revisions to the contract. The mayor's particulaa� interest has been that, at some point, the City wi11 want to reacquire the system. She understands that if SPRWS were to make any investments in the system, the City would have to pay for those investments. Councilmembers aslced questions of Mr. Schneider regarding whether or not the City could initiate the reacquisition at any point in time, how the City couid accrue the funds to repurchase the system giving SPRWS the 5-year notice time. October 6> 2015 Mendota Heights Ciry Counci! Page 6 Councilmember Duggan expressed his discomfort with this being a simple majority vote; however, he would be willing to vote on this tonight. Councilmember Povolny�commented he is not in favor of this agreement and made the following points: • The Council has not been given a cost or explanation of how the City would budget going forward to do this. • In regaxds to the requirement to give a 5-year notice to reacquire, a lot can happen in five years. • The City would have no say as to when a water line would be replaced during a street project. • The SPRWS has an $8M/year budget for water line replacement which covers the cities of St. Paul, Maplewood, West St. Paul, Falcon Heights, and Lauderdale. • The City would be giving the systein to SPRWS for $1 but would not be able to reacquire it for $1. • He believes that staff.and Council should come up with a long-term budget for how we could replace the water pipes needing repair in the city. Mr. Schneider replied that the Board of Water Commissioners and St. Paul Regional Water Services want to be the water provider for the residents of Mendota Heights, either by the acquisition agreement before the Council or through the continuation of the original retail agreement. Mayor Krebsbach asked why the notice to reacquire would be five years. Mr. Schneider replied that would give them time to develop the paperworlc and for the City of Mendota Heights to do whatever it is they would need to do to buy the system bacic. The board is going to make significant investments and some of that may be personnel. He stated this is standard language for the agreement. Lengthy discussions toolc place regarding water surcharges, use of those funds for repairing the water mains, and other costs to the City for water tower and water pipe repairs. Councilmember Duggan stated he is not in favor of this agreement as he does not see the benefit of selling the system and sees it as giving away a significant asset. Councilmember Petschel.stated her reasons for supporting this contract; mainly focusing on the tight budget and the funds that will be needed in the future to pay for the needs of the city. Those costs will not show up on the water bill; it wili show up in the future bonding the city will need to do. Concessions have been made by SPRWS on this contract, such as the City lceeping the cell tower revenue through the transition period and 50% of it after the transition period. Councilinember Petschel stated that when the infrastructure was installed, it was worth $13 million. It is now a liability with long-term issues. This decision being made is binding future Councils and putting millions of dollars of needed repairs and reconstruction on them. Councilmember Norton commended staff and SPRWS on the great woric they do and have done on this contract and negotiations. He stated he has the same concerns as voiced by Councilmember Petschel and that is paying for an infrastructiue that is aging; however, at the same time he recognizes that someone is going to have to pay for that some way or another. One thing that has to be considered is that if this agreement goes through, the City would also be sharing in the infrastructure costs of the other members of SPRWS just as they would be sharing in the costs of Mendota Heights. October 6, 2015 Mendota Heights Ciry Council Page � In repiy to a question raised by Mayor Krebsbach, Mr. Schneider noted that if this omnibus agreement were not passed and instead, the retail agreement was renewed, then acquisition negotiations could not be entered into before the end of the term of a retail agreement. Terms available for a retail agreement couid be 10 years with an option for a 10-year extension. After further lengthy disc.ussions, Mayor Krebsbach aslced for this topic to be held over to the October 20, 2015 City Council meeting. Councilmember Duggan disagreed as he does not see that anything new will be added in two weelcs that malces it any different. Councilmember Duggan moved to deny the OMNIBUS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL. Counciimember Povolny.seconded the motion. Ayes: 4 Nays: 1 (Petschel) C) CITY OF EAGAN PROPOSED COMPREHENSNE GUIDE PLAN AMENDMENT: MVZ VENTURES, LLC Pianner Nolan Wall explained that stafF received an agency responsive request from the City of Eagan to amend their Comprehens�ve Plan by changing the land use designation of approximately 194 acres located south of I-494, east of Lone Oa1c Parlcway and west of Ames Crossing Road from SA-MO (Special Area-Major Office) to SA-MIXED (Special Area -Mixed Use). The development portion of this property is the former Northwest Headquarters. There are a number of other undeveloped parcels that would be combined to foim the acreage that this group has already purchased and wishes to develop. The concept plan includes an atl�letic training complex, corporate offices for the Minnesota Vilcings franchise, outdoor practice fields, stadium, conference center and hotel, medicai and corporate offices, and a mixed use retail and multi-fa.inily housing. The development would be constructed in phases with the densities and land uses determined by the marlcet. The initial step in the development agreement process is to request a Comprehensive P1an Amendment based on their proposed plans. Future review of such development on this parcel would inciude environmental review as well as rezoning, subdivision, and P1aauled Unit Development approvals. During discussions with the City of Eagan they have indicated that adjacent com�nunities will have an opportiuiity to provide further comment as this development plays out. The City of Eagan Pla.nning Commission recommended approval of the proposed Comprehensive Pian Amendment. Staff reviewed the concept plans with the Planning Commission last month. Due to its location and past issues coming up with potential development in the northwest corner of Inver Grove Heights and the potential impact that it might have on the City of Mendota Heights, staff brought this forward for discussion and recommended a response to the City of Eagan. October� 6, 2015 Me��dota Heights City Cozuzcil 1'age 8 Councilmember Duggan reviewed the edits he recommended to the response, which Plaruler Wall noted were more emphasis changes than issue changes. Councilmembers asiced questions regarding the environmental impact statement and ongoing engagement in the process. By general consensus, the Council was in favor of submitting the response to the City of Eagan as amended. ' D) DISCUSSION OF WEBSITE REDESIGN City Administrator Marlc McNeill reminded the Council of a meeting held several weelcs ago where Assistant to the City Administrator Tamara Schutta brought forward the topic of redesigning the City's website. At that time, the Council gave direction to review other city websites and provide alternatives for consideration. Staff contacted the current website designer, GovOffice through the League of Minnesota Cities. They came up with a proposal that would ailow staff to change pictures more easily, pictures would be able to rotate on the screen, a new navigation bar is available to be able to go to shortcuts for up to ten different locations without having to go through the main website to get to them. The city could also allow for electronic payments and the site would be more mobile-friendly. The cost to upgrade the current website would be approximately $6,600. Staff also looked at alternatives through another vendor. The other site offers more features and ease of use, but costs approximately $10,000 a year for the next three years. Councilmembers aslced questions regarding having the capability of adding an ALERT to the home page, who decides what goes on the website, and if staff felt this upgrade wouid be adequate. Councilmember Duggan moved to authorize a purchase order for GovOffice for $6,595 for the redesign of the City's website. Counciimember Povolny seconded the motion. Ayes: 5 Nays: 0 � COMMUNITY ANNOUNCEMENTS City Administrator Marlc McNeill made the following announcements: • The 30t�' annual Fire Prevention Open House will be held on October 10. • November 13 is the 67t�' annual Firefighters Dance to be held at the Mali of America Hilton. • Halloween Bonfire —residential brush can be brought to the site behind Mendota Plaza beginning October 24 through October 29. The bonfire will be on October 31 starting at 7:00 p.m. • Off-Leash Dog Area—half of the fence has been installed and the remaining will be going in on October 7. It is anticipated that people can start using the parlc by the end of the weelc. October 6, 201 S Mendota Heights City Coa�ncil Page 9 COUNCIL COMMENTS Councilmember Duggan congratulated St. Thomas Academy on the launch of the novel titled "Survivor". He also encouraged everyone to attend the Firefighters Dance on November 13. Councilmember Povolny suggested that if a resident could not go to the Firefighters Dance, they should purchase ticicets anyway. Counciimember Petschel commented that some residents using Verizon for their cellphone service are experiencing their phones going silent whenever aircraft are over the water tower. She has no solution but wanted residents to know we are aware of the issue. She also commented that this is a time in which she is very happy that Mendota Heights does not have streetlights. Everyone could see the lunar eclipse. It was a wonderful neighborhood event. She acknowledged that in the Highland Villager, the King and I Thai Restaurant got an incredible review in regards to the food they are serving. She noted they can only serve wine and beer; whereas in their previous location they were weli lcnown for their wonderful bar and mixed drinlcs. Soccer Saturday is coming up and Mayor Krebsbach encouraged everyone to be very careful in the Kensington Parlc neighborhood where this event will be taicing place. She commended neighborhoods that are organizing their own garbage/recycling picicup through the use of one provider. She also noted that she and her husband were at an event before the Sibley gaine last Friday at Heritage Middle School and it was packed with elementary and middle school children. She commended Molly and Clint Commers who were recognized by the Society of Visitation for their contributions to that school. Mayor Krebsbach also commended the Council and staff on their very detailed and hard worlc, and certainly the worlc completed by St. Paul Regionai Water Service. : � • i : I►I Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:07 p.m. AT T: �� Lorri Smith City Clerk �..._ . �'z.�/�--- Sandra Krebsbach � Mayor _. October 6, 2015 Mendota Heights City Coz�ncil Page 1 D