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2011-08-16 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 16, 2011 August 16, 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 Povolny, Petschel and Vitelli. Absent: Councilmember Duggan PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. agenda. Councilmember Vitelli seconded the motion. Ayes: 4 Absent: 1 Nays: 0 Councilmember Petschel moved adoption of the Councilmember Petschel moved approval of the minutes of the regular meeting held on July 5, 2011. Councilmember Povolny seconded the motion. Ayes: 4 Absent: 1 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 June 2011 Par 3 Update and d) Declare Saturday, September 10, 2011 as Kensington Park Day; Mendota Heights City Council August 16, 2011 Page 2 a. Acknowledgement of the August 2011 NDC4 meeting Agenda and Minutes b. Acknowledgement of the June 2011 Par 3 Update c. Acknowledgement of the July 2011 Fire Department Report d. Declare Saturday, September 10, 2011 as Kensington Park Day e. Approve the Regular Status Appointment of Firefighters Jacob Husnik, Jamie Laird, Mark Olson and Jason Stone f. Approve the Use of City Facilities by the Beth Jacob Congregation g. Approve a Sign Permit for 772 Highway 110 (Enchanted Nails Spa) h. Approve Work to be Performed on the Fire Station i. Approve a Continual Fire for the Mdewakanton Dakota Community on September 9, 2011 at St. Peter's Church j. Adopt a "RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE DIANE ROAD NEIGHBORHOOD REHABILITATION PROJECT" k. Adopt a "RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MENDOTA HEIGHTS ROAD REHABILITATION PROJECT" 1. Adopt a "RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MARIE AVENUE REHABILITATION PROJECT" m. Approve the Contractors List n. Approve the Claims List Councilmember Petschel seconded the motion. Ayes: 4 Absent: 1 Nays:0 ACKNOWLEDGEMENT OF THE JUNE 2011 PAR 3 UPDATE Assistant to the City Administrator Jake Sedlacek presented the financial report for the Par 3 Golf Course through the end of June 2011. Revenues were higher than projected and expenses were lower than projected showing net revenue of $5,299 for the year. Councilmember Vitelli expressed this was a good report. Mayor Krebsbach commented that the council likes to keep the residents informed with regard to the Par 3 golf course. She stated that however the operations are different from the referendum so it has been asked that the Par 3 be managed to operate to cover its expenses. What they are seeing so far is that this is happening. She asked Mr. Sedlacek what he is projecting for the rest of the year. Mr. Sedlacek replied this report actually improves the projections for the year. It was projected that Par 3 would have a profit of $9,000 for the year. Looking at actuals through the end of June 2011 the trend is improving on the anticipated profit for the year. Councilmember Vitelli asked for confirmation that it has been agreed that the Par 3 golf course would shut down after Labor Day except for special events. Mr. Sedlacek answered that the Greens Committee met just prior to this evening and they would like to limit hours citing that a retail operation makes no money when it is closed but still incurs expense for maintenance. The average staff costs the course $9 per hour. He surmised if the course gets one golfer within one hour that staff time has been paid for. Mendota Heights City Council August 16, 2011 Page 3 Anything additional during that hour is all profit. The Greens Committee discussed this at length and felt that it is more appropriate to target the hours in which the golfers are showing up at the course. A course employee can work for 55 minutes and be bored; however, the course starts making a profit as soon as the first customer walks in the door for the hour. The general rounds for the month of September are in the 1,200 mark. He speculates, if they have an average month in September, in the limited hours from sunrise to sunset, there will be some cost savings but they expect to have a profitable month of September. Mayor Krebsbach asked what days of the week people tend to golf in September. Mr. Sedlacek replied that the Par 3 golf course in September will see more golfers on the weekends but primarily the golf times are weekdays in the mid -hours of the day. He stated they see very few early morning golfers or late evening golfers in September. Mayor Krebsbach asked if the course is going to adjust the hours accordingly. Mr. Sedlacek replied that this is correct. They also have 11 scheduled special events in the months of September and October. Mayor Krebsbach asked if the golf course would be closed in October. Mr. Sedlacek answered that it would depend on the number of customers coming in. Right now they are not planning to be open very much. The Greens Committee has discussed hours of 10:00 a.m. to 4:00 p.m. but it could be a situation where they are closed unless they are holding a special event. They would need to consider the cost of being open versus a revenue loss. A closed retail operation makes no money when it is closed. He stated as he sees it if they have one customer every hour they make money. Mayor Krebsbach expressed her concern that if the course is open too extensively in the fall, it could erode the margin of profit. Mr. Sedlacek stated that the course itself costs money to own. The 1 projections including limited staff in September and October allow for $9,000 revenue for 2011. Right now they are projecting a higher amount based upon the June performance. The Greens Committee has discussed the balance of hours or not and they are recommending that it be limited hours, but not cut off the only revenue source in those months because that would erode the net profit. If Par 3 closes they are guaranteed to minimize that number. If operating hours are appropriate there is a chance of improving that number. Councilmember Vitelli commented that there are questions to be answered and discussions that need to take place but that tonight is not the best time. The council had heard previously that the course would be closed after Labor Day so this has come as a surprise. Mayor Krebsbach concurred and commented that it had been discussed as a council at their last meeting that Par 3 would close in September so this is new information. Councilmember Petschel asked if the improvements desired at the end of the year are still on hold depending upon what the profits are. Mr. Sedlacek replied that the sign has been ordered and is anticipated to be in before the end of August. The roof is still on hold and is budgeted for 2011 but they want to make sure they have the revenues on the books before proceeding. Mayor Krebsbach mentioned that the council does plan to go into a workshop session in the fall to discuss the large parcels including Par 3, Pilot Knob and the Dodge Nature Center. Mendota Heights City Council Councilmember Vitelli moved to accept the June 2011 Par 3 Update. Councilmember Povolny seconded the motion. Ayes: 4 Absent: 1 Nays: 0 August 16, 2011 Page 4 DECLARE SATURDAY, SEPTEMBER 10, 2011 AS KENSINGTON PARK DAY Assistant to the City Administrator Jake Sedlacek stated that the Parks and Recreation Commission spent a lot of time this year working on an update to the playground at Kensington Park. The commission got public input on the project involving schools and neighborhoods. They now want to celebrate the success of everyone involved in coming up with a great project for the budgeted amount. September 10, 2011 is the start of the fall soccer season and the new playground system will be in and operational. The Parks Commission would like to have a small event for all on that Saturday to celebrate the park's opening and the new improvements. Commissioner Vitelli moved to Declare Saturday, September 10, 2011 as Kensington Park Day. Commissioner Povolny seconded the motion. Ayes: 4 Absent: 1 Nays: 0 PUBLIC COMMENTS Mr. Tim Carlson of 2319 Swan Drive proposed that it be legal to use boats with electronic motors on Rogers Lake. This would allow for increased access to the lake and increased desirability of the lake. Many metro lakes currently allow electric motors and it is probably safe to say that a lot of people already use electric motors on the lake. Electric motors are less harmful to aquatic vegetation than oars and paddles. Councilmember Povolny asked who makes the decisions about whether to allow motors on the lake. Staff responded that an ordinance is in place allowing for no motors on any lake in Mendota Heights. Mayor Krebsbach and Councilmember Petschel commented on the amount of time, effort, study, and expense invested in the well being and maintenance of Rogers Lake over the years. Councilmember Petschel stated that she would like to have some kind of understanding on what the impact of increased activity of that nature would be on the lake. Councilmember Vitelli suggested getting feedback and opinions from the property owners around Rogers Lake. If a team of property owners want to pursue this he suggested they start by bringing in a formal proposal to the council. Councilmember Petschel suggested the forming of a lake association similar to what has been done on other lakes and ponds in the city. Mendota Heights City Council August 16, 2011 Page 5 BID AWARDS A) "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2011 SANITARY SEWER REHABILITATION PROJECT" Public Works Director John Mazzitello stated this is a request for a bid award for the annual sanitary sewer rehabilitation project. This is the project where the faults in the sanitary sewer are lined to prevent ground water and stormwater from infiltrating into the sanitary sewer system. This benefits the city because the flows decrease going to the Metropolitan Council treatment plant and results in a drop in fees because the quantity is less. On August 10, 2011 bids were opened for the 2011 project. There were two bidders and Visu- Sewer, who has done work with Mendota Heights for a long tune, was the low bidder. Lametti & Sons was the other bidder and they also came in under staff s estimate. The resolution lists the bids and staff is recommending that council award the bid to Visu -Sewer for the amount of $33,583.50. Councilmember Vitelli moved to adopt "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2011 SANITARY SEWER REHABILITATION PROJECT" Councilmember Petschel seconded the motion. Ayes: 4 Absent: 1 Nays: 0 UNFINISHED AND NEW BUSINESS A) CASE 2011 -24: STEVE AND WENDY BALDINGER, 1147 ORCHARD CIRCLE, "RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR ADDITION TO THE DECK AT 1147 ORCHARD CIRCLE" Assistant to the City Administrator Jake Sedlacek explained in 2011 there have been a number of minor requests for additions and improvements in areas covered by the Critical Ordinance and the Wetlands Ordinance. At the behest of the Planning Commission, staff has been looking into bringing forward a change to code for wetlands permits similar to what is already allowed in a critical area permit. This would allow staff to bring these items that are deemed minor in nature directly to council as opposed to bringing them through the whole public hearing process. Presented tonight is a critical area permit that has not been vetted by the Planning Commission, a common practice for the past several years. However, city code does have an allowance, especially for critical area permits of a minor nature to be brought directly to city council. Staff is recommending that this be considered a minor change to a critical area project. If council is not comfortable with that recommendation it has been publicly notified and could be brought to the Planning Commission for their review and then come back to council in September. Mayor Krebsbach commented on the history of this process and stated everything presented had been to the Planning Commission previously. She stated council could decide on this tonight and could choose at some point to look at what might be the most appropriate level that needs to be reviewed by the �, Planning Commission. Mendota Heights City Council August 16, 2011 Page 6 Mr. Sedlacek explained that Steve and Wendy Baldinger are doing a number of things to their home, reworking the stucco on the side of the home, and also refinishing the deck. At the time that the house was completed the deck was given an area but was not finished to fill that permitted area. While they are redoing the deck at this time they would like to include the corner that was left out in the initial construction. Staff has reviewed this in terms of how critical area permits are looked at and it does not have a negative impact upon the esthetics of the area, does not have a negative natural resource impact upon the area, is very much in keeping with the back of the home and the nature of the approval that this property went through originally. One other critical area issue that is looked at is the bluff and this property is not on a bluff area. Staff is recommending approval of the critical area permit as proposed by the applicants. Councilmember Vitelli moved to approve "RESOLtTTION APPROVING A CRITICAL AREA PERMIT FOR AN ADDITION TO THE DECK AT 1147 ORCHARD CIRCLE ", Case 2011 -24: Steve and Wendy Baldinger, 1147 Orchard Circle Councilmember Petschel seconded the motion. Ayes: 4 Absent: 1 Nays: 0 Councilmember Petschel expressed her support of the process. She read carefully what it says in the minor development and/or change portion. Squaring off a deck or something of that ilk, forcing the resident to go through the Planning Commission, notifying neighbors, having hearings seems pointless, a waste of staff time and an unnecessary delay in moving ahead with building. Councilmember Vitelli also supports the process. He suggested that the Planning Commission determine whether it is something that council should see and let them make the decision if they deem it is not. Mayor Krebsbach replied that waiving the council decision could not be done because the council is still the responsible government unit. However, having a decision skip the Planning Commission and come directly to the council is allowable. Mr. Sedlacek stated that staff is getting good feedback and comments from the council and they will take that feedback and make a recommendation to the Planning Commission and then bring it back to the council at a later date. There is language currently in the critical area ordinance and it is the hope of the Planning Commission to include something similar to that in the wetland ordinance. B) ACCEPT THE RESIGNATION OF AIRPORT RELATIONS COMMISSIONER ROBIN EHRLICH Mayor Krebsbach stated that this resignation is accepted with regret. Mr. Ehrlich has served with outstanding vigilance on the Airports Relations Commission. Councilmember Petschel commented that this is the end of the Robin Ehrlich era. Mr. Ehrlich came to the ARC a little raw but over the years has become quite knowledgeable and quite statesman like. He is going to be a tremendous loss to the ARC. He has been a great ARC member and an incredible person. During this time Mr. Ehrlich has learned that he also loves to teach and started teaching, in addition to i his regular work, at Inver Hills. They like him so much and he likes teaching there so his plan is to Mendota Heights City Council August 16, 2011 Page 7 accept more teaching assignments in the future and hence, will be unable to continue his service on the ARC. Councilmember Petschel hopes that they have an opportunity at a council meeting to give him some kind of final plaque or recognition because he really deserves it. Mayor Krebsbach stated that there is both a certificate and a plaque given depending on the years of service and these are handed out at the end of the year. Councilmember Vitelli moved to accept the Resignation of Airport Relations Commissioner Robin Ehrlich, with regret and accommodation. Councilmember Povolny seconded the motion. Ayes: 4 Absent: 1 Nays: 0 Public Works Director John Mazzitello mentioned that part of this topic tonight was to determine how to fill that vacant seat. Mayor Krebsbach stated that she placed a call to ARC Chair David Sloan to determine what his preference is and is awaiting his response. She suggested that this be tabled for tonight and wait for his direction. Mr. Mazzitello stated he was aware of ARC's preference since they talked about it at last week's meeting and that they would prefer to wait and fill it with all of the other openings that would occur in January or February of 2012. Councilmember Vitelli moved to accept ARC's Preference to Fill the Open Position in January or February of 2012 Councilmember Povolny seconded the motion. Ayes: 4 Absent: 1 Nays: 0 C) INTERSTATE VALLEY CREEK TRAIL DESIGNATION Public Works Director John Mazzitello explained that this is a highly unique situation. In 1990 city staff was working on the design and layout for the Interstate Valley Creek Trail. Mr. Mazzitello shared Dakota County's GIS map showing Highway 149 and Highway 110; Valley Creek Trail starts at the corner of Dodd and 110 and travels west in the Highway 110 right -of -way to where it begins to cross two privately held parcels. These are the only two privately held parcels the trail crosses in its entire length spanning from Dodd Road to Lilydale Road. From there it turns north and parallels I -35E hence Interstate Valley Creek Trail and comes out at Lilydale Road across from what used to be the racquet club. In 1990 in order to establish the trail the city did not have an easement recorded with the county across the two private parcels. Instead they elected to enter into a license agreement with the two property owners, Paul and Margery Steenberg at 804 Ridge Place and John and Mary Doyle at 810 Ridge Place. License agreements are made between parties and are not recorded at the county and do not transfer with 1 title of the property. When the Doyle's sold their property to the new owners the license agreement with Mendota Heights City Council August 16, 2011 Page 8 the Doyle's expired. Similarly, there is an ongoing process to convey title from Paul and Margery Steenberg to their sons. When that title transfer takes place the second license agreement on 804 Ridge Place will expire. The trail has been in place for nearly 20 years. Staff has discussed with both current property owners the possibility of establishing an easement over this trail. Both property owners have said they are unwilling to sign an easement for this trail; however, they would be willing to enter into a new license agreement. Some of the details of a license agreement are that the property holder holds property rights over the area in the license agreement and can, with written notice, close the trail or make the city move the trail. An easement would not allow that to happen. Since staff and the property owners have been talking quite extensively and cannot seem to come to an agreement on an easement there are a number of options council could direct staff to do: 1. Do nothing. There is no advantage to doing nothing as this time. The disadvantage is that the license agreements will expire, the trail would have no right of public passage over these private parcels and the property owners could close the trail. 2. Establish new license agreements with the owners. An advantage would be that it could put the issue to rest temporarily until there is a title change to a new property owner or until the property owner should decide to give written notice. The disadvantage would be that the city would not have right of public passage; it would be at the permission of the property owner. As long as the property owner does not revoke use of the trail the trail can exist. 3. Establish an easement. This would establish a permanent public right of use for the trail. However, since neither property owners are willing to negotiate an easement, establishing an easement would very likely wind up in a condemnation procedure. A condemnation procedure would be very lengthy and expensive for all parties involved. 4. Relocate the trail. The advantage of this option would be the trail would no longer be on private property with the exception of possibly an edged triangular tip, depending on the topography and how they are able to lay the trail out. To the naked eye, it looks like it is possible to reroute the trail down a piece of city owned land, back into the NInDOT right -of -way and connect back up with the trail. Mr. John Steenberg of the 804 Ridge Place parcel is proposing a new license agreement. There are a number of conditions in the license agreement that did not exist in the original. The 30 -day written notice clause is written almost verbatim as the original. He also has five additional conditions proposed under the in exchange for said license section. In order to establish an easement or a license agreement, the exhibits that follow Mr. Steenberg's proposed license agreement show the area the city would be interested in licensing or easing. The first one would be across the Steenberg property at 804 Ridge Place, which would be a 2,400 square foot easement; 15 feet wide (7.5 feet on either side of the center line of the trail). The trail is eight feet wide giving the city 3.5 feet on either side of the pavement for turf maintenance. The second exhibit is the Knowlton property at 810 Ridge Place, 945 square feet with the same dimensions as above. Mendota Heights City Council August 16, 2011 Page 9 Staff is asking council to provide direction on how to resolve the issue of public right of access for the Interstate Valley Creek Trail. Councilmember Vitelli asked if Mr. Mazzitello had any problems with the license agreement. Mr. Mazzitello replied that the biggest issue with the five additional conditions is 4) vehicular traffic on the pedestrian trails prohibited by Mendota Heights City Ordinance. The only people that would be able to waive that restriction would be the council. That would have to be a specific direction from council but that could be included within the license agreement. This would allow the property owner to drive his car or pick up on the trail. No other private resident is granted vehicular access to a trail. Councilmember Petschel expressed that she is concerned about the fourth condition as well and also about the indemnification. Mayor Krebsbach mentioned that she would like to see an additional item stating there would be a six - month notification for change of license. Right now the city would get a 30 -day notice. Mr. Mazzitello stated that in the second paragraph under the "witness" section it talks about the 30 -day written notice. That time period could potentially be negotiable if Mr. Steenberg and the Knowlton's are willing to negotiate that. A six -month notice would work if the notice were given in March, so the city would have time over the summer to build the trail. If a six -month notice is given in October the city cannot build the trail over the winter due to snow and frozen ground. One potential idea for the written notice would be that the property owner would have right to terminate the agreement as of October 31 or November 1 of any year provided that notice is given by April 1. That would give the city the summer to relocate the trail so there would not be any loss of service to the public. Then the license agreement ` would be terminated once the trail is completed on October 31 or November 1 or whatever date is established. Mayor Krebsbach mentioned to the council that if they do agree to this license agreement, one of the things that the council would have to consider, or a future council would have to consider, is to think more long -term with regards to this trail. Councilmember Petschel asked City Attorney Diehm about a public prescriptive easement. City Attorney Diehm replied that they have not looked closely at the timing requirements. A prescriptive easement is a process by which rights are protected even without an agreement in place. Typically those have to be advertised to the property owners so the fact that there was a license in place means that the public's use was with permission. If, as the property owner has alleged that the license terminated in a certain year, we would have to look and see what length of time had passed but it is certainly a possibility. Councilmember Petschel requested that this be explored at some point. Councihnember Povolny asked how many feet of trail would actually need to be relocated. Mr. Mazzitello replied that the section of trail that currently runs across the two private parcels is estimated to be 350 linear feet, but because they would be building at a right angle they would probably have to build 450 linear feet. Mr. Mazzitello also stated that if council were to direct staff to negotiate a license agreement with the two property owners that would be staff's intent. By estimation of trail condition, the trail has about 10 Mendota Heights City Council August 16, 2011 Page 10 to 15 years of life left. At the time they would need to rebuild the trail and it would be moved as much off of their property as possible. Councilmember Povolny, in regards to buying the easement, asked for clarification that the residents do not want to sell. He asked if the trail is so far down from them does it really have any value and why would they not want to sell it or do a fair deal with the city to be fair to the people of the community. Mr. Mazzitello replied that discussions about conditions in an easement or what the compensations would be never took place. Staff was told pretty firmly by the property owners that there will be no easement. Mayor Krebsbach mentioned the city does have the right of condemnation. Mendota Heights really does not use condemnation but it does have the right for it if they felt that this was an appropriate situation to get the easement for it. City Attorney Diehm concurred. Mr. John Steenberg of 804 Ridge Place shared the history of the original alignment of the trail. He stated that he and his neighbor are willing to have a license agreement in the spirit of the original owners so that the trail would not need to be moved until its useful life is over. At that time the trail should be moved as Mr. Mazzitello outlined. Councilmember Vitelli asked Mr. Steenberg to comment on access for motorized vehicles. Mr. Steenberg replied that basically he wants to access the trail for maintenance of his property. Councilmember Vitelli expressed his desire to have the city and the property owners enter into a license agreement and then the council could discuss when and if they want to move the trail. Potential issues were raised and discussions occurred in regards to motorized vehicles on the trail. Mayor Krebsbach requested that City Attorney Diehm review the proposed license agreement keeping in mind the discussion about the six -month cancellation on the property owner's part and review, in particular, Item 2 and Item 4. COUNCIL COMMENTS Councilmember Vitelli wished Councilmember Duggan a Happy Birthday. Councilmember Petschel recognized that this is the last meeting that City Administrator David McKnight will be in attendance. She expressed appreciation for his mentoring of her and for his sound advice. Councilmember Vitelli also expressed his appreciation of the work done by Mr. McKnight stated he would hire him to run a business of his and thanked him for his contributions. Councilmember Povolny thanked Mr. McKnight for making his job very easy. Mayor Krebsbach commended Mr. McKnight's work for the City of Mendota Heights. Mr. McKnight has continued on the tradition of the city being fiscally strong and she thanked him for taking the time to Mendota Heights City Council August 16, 2011 Page 11 make sure the budget process was complete in terms of the way he paced the council so that at his exit everything was completed and well done. Mr. McKnight expressed his appreciation for the opportunities provided him especially by former Mayor Huber. He thanked the staff members for serving as colleagues. He especially thanked the ARC members for their education on airport issues. Mayor Krebsbach mentioned that the council will be going into work session to discuss the search process in terms of reviewing the essay questions and getting the application packets. The work session will be at 4:30 p.m. on August 30, 2011. Councilmember Vitelli recognized that there is a young man sitting in the audience tonight and he thinks this young man might be working on a merit badge. The young man confirmed that he is working on a merit badge in Communications. John Garner of 816 Park Place Drive attended the council meeting working on a Communications Merit Badge with Troop 501 of Inver Grove Heights. He stated he was working on this badge because he wanted to learn more about the governmental process. He attends Great River High School. Mayor Krebsbach adjourned the meeting at 8:11 p.m. AT-TEST: tad,a Sandie Thone City Clerk Mayor Krebsbach