2011-05-17 City Council minutesMay 17, 2011
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 17, 2011
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.
• •' a 7
PLEDGE OF ALLEGIANCE
AGENDA ADOPTION
Ayes:5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
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.
Mayor Krebsbach presented the agenda for adoption as
amended. Item 6g was removed from the Consent Agenda
on the advice of City Administrator McKnight.
Councilmember Duggan moved adoption of the agenda as
amended.
Councilmember Povolny seconded the motion.
Councilmember Petschel moved approval of the minutes of
the regular meeting held on May 3, 2011 with one minor
change.
Councilmember Vitelli seconded the motion.
CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and
explained the procedure for discussion and approval.
Councilmember Petschel moved approval of the consent
calendar as presented and authorization for execution of
any necessary documents contained therein, pulling items
c. Adopt Ordinance 436 Repealing Ordinance 237 and
Restating Chapter 3, Title 3 of the City Code Pertaining to
Peddlers, Solicitors and Transient Merchants, d. Adopt
Ordinance 437 Amending Title 1, Chapter 6, Section 4 of
the City Code Pertaining to Criminal History Background
Check Requirements, j. Approve Plans and Specifications
and Authorization to Advertise for Bids for 2011 Sanitary
Sewer Cleaning and Televising Project, n. Approve a
Ayes: 5
Nays: 0
May 17, 2011
Page 2
Contract with Great River Greening for the Construction of
a Parking Lot at Pilot Knob
a. Acknowledgement of the April 2011 Planning
Commission Meeting Minutes
b. Acknowledgement of the April 2011 Treasurers Report
c. Adopt Ordinance 436 Repealing Ordinance 237 and
Restating Chapter 3, Title 3 of the City Code Pertaining
to Peddlers, Solicitors and Transient Merchants
d. Adopt Ordinance 437 Amending Title 1, Chapter 6,
Section 4 of the City Code Pertaining to Criminal
History Background Check Requirements
e. Adopt a "RESOLUTION AUTHORIZING A 2010
YEAR END TRANSFER"
f. Adopt a "RESOLUTION RECOGNIZING
NATIONAL PUBLIC WORKS WEEK AS THE
WEEK OF MAY 15, 2011 THROUGH MAY 21,
2011"
g. Adopt a "RESOLUTION ADOPTING A CAPITAL
ASSET POLICY'
h. Accept the Resignation of Accounting Clerk Charlotte
Stockstead effective May 27, 2011 and Authorize
Recruitment
i. Approve a Sign Permit for 1333 Northland Drive
j. Approve Plans and Specifications and Authorization to
Advertise for Bids for 2011 Sanitary Sewer Cleaning
and Televising Project
k. Approve a Purchase Order for a Motorola XLT 2500
Radio for the Police Department Reserve Squad
1. Approve the Purchase of Pagers for the Fire
Department from Ancom Communications
m. Approve a Contract with the City of Eagan for Puppet
Wagon Presentations
n. Approve a Contract with Great River Greening for the
Construction of a Parking Lot at Pilot Knob
o. Approve a Termination of Contract for Private
Development (2331 -2373 Waters Drive)
p. Approve the Contracts List
q. Approve the Claims List
Councilmember Duggan seconded the motion.
ADOPT ORDINANCE 436 REPEALING No discussion on this topic this evening. Item was pulled
ORDINANCE 237 AND RESTATING with the understanding that Councilmember Duggan and
May 17, 2011
Page 3
CHAPTER 3, TITLE 3 OF THE CITY Councilmember Petschei will work with staff to gain a
CODE PERTAINING TO PEDDLERS better understanding of the changes before it comes before
SOLICITORS AND TRANSIENT the council
MERCHANTS
ADOPT ORDINANCE 437 AMENDING
Mayor Krebsbach asked Chief Aschenbrener to explain
TITLE 1, CHAPTER 6, SECTION 4 OF
what is in this ordinance, why it is needed, and who it
THE CITY CODE PERTAINING TO
affects.
CRIMINAL HISTORY BACKGROUND
CHECK REQUIREMENTS
Chief Aschenbrener stated that when the BCA Compliance
Audit took place for running background checks through
the state computer system, it was recommended that the
ordinance be updated. This would enable the department to
stay compliant and to continue to be able to use the system.
Discussions took place about whether or not to simply
amend or completely rewrite the ordinance.
The amended ordinance basically follows the original, but
it clearly lays out what the department is doing with the
government data, when the background checks are required
to be run, and what the consequences will be for failure to
provide the data for these checks.
The main discussion points are around employment. The
ordinance clearly lays out the consequences of not
providing the information, and it also clearly lays out the
instances in which a check will be run and what type of
check will be run.
Mayor Krebsbach asked if these checks are only criminal
background checks, or if there were other types being run.
Chief Aschenbrener replied that the ordinance specifically
covers criminal background checks that are run through the
official state computer systems and looking at data
collected by the government. The ordinance does not cover
the interviewing of neighbors or doing the other checks that
are sometimes done outside of the state computer system.
Councilmember Petschel inquired when a background
check is being run on someone seeking employment with
the city if that would include a credit check. Chief
Aschenbrener replied that this depends solely on the
position. If the potential employee would be in the police
department, a very extensive background check would be
completed, which includes a credit check.
May 17, 2011
Page 4
Councilmember Duggan stated that on page 44, number
four of the information council received it states "the city
will check the driving record of both applicants and current
employees ..." and stated he was surprised to see that it
included current employees. Chief Aschenbrener answered
that this allows the city to run background checks using
state government systems without the private or personal
permission of the employee, in the rare case that something
should be questioned or come up.
Councilmember Duggan read Section C, Item lb "the
conviction is for a felony, gross misdemeanor or
misdemeanor with a jail sentence" and asked if this
included those on probation. Chief Aschenbrener stated
that a conviction is not related to a sentence. A person
could be convicted of a felony but have a stayed sentence.
A person could be convicted of a gross misdemeanor and
go to jail for 364 days. So anyone with a conviction would
emerge through the state records.
Councilmember Duggan, regarding Section 2, Item A
stating that background checks are required on anyone
requesting a license or permit as required within City Code
3 -1 -7 (Liquor Licenses); City Code 3 -3 -1 (Peddler,
Solicitors and Transient Merchants; and City Code 3 -3 -6
(Massage Therapy Licenses), asked if a request of
churches, schools, and social services are handled
differently. Chief Aschenbrener stated that they no longer
do private background checks. If a request comes in from
someone in the private sector, they are sent over to the
BCA and they will run the check.
Councilmember Duggan stated that in the employment
application form someone must check off and say they
agree to the background check. He then inquired if that
will be in the original first application; is it a subsequent
thing; or is it both. Chief Aschenbrener stated that all new
applications are available and they all include the
Tennisson Warning, which covers why the data is being
collected, what will be done with the data once it is
collected, and what the consequences are if data is provided
that shows that the applicant has done something wrong or
if the applicant denies or refuses to provide the data.
Ayes: 5
Nays: 0
APPROVE PLANS AND
SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE
FOR BIDS FOR 2011 SANITARY
SEWER CLEANING AND
TELEVISING PROJECT
Ayes: 5
Nays: 0
APPROVE A CONTRACT WITH
GREAT RIVER GREENING FOR
THE CONSTRUCTION OF A PARKING
LOT AT PILOT KNOB
May 17, 2011
Page 5
Councilmember Duggan moved for Adoption of Ordinance
437 Amending Title 1, Chapter 6, Section 4 of the City
Code Pertaining to Criminal History Background Check
Requirements.
Councilmember Vitelli seconded the motion.
Councilmember Duggan expressed curiosity about what
the longest non - televised sewer system was in the city.
Public Works Director Mazzitello replied that in
2006 we started the program of televising and cleaning the
sanitary sewer system. The first section of city that was
done in 2006 is what is before the council. This is the first
repeated section of the program. The streets that are
scheduled under this contract, should council authorize
advertisement for bids, would be Wentworth and
everything north of Wentworth, Wachtler and everything
east of Wachtler, Park Place subdivision, The Summit, as
well as Evergreen Knolls.
Mayor Krebsbach asked if this equated to approximately
one -third of the city. Mr. Mazzitello replied that it is about
one -fifth of the city.
Mayor Krebsbach asked Mr. Mazzitello to explain what
this is and why it is done. Mr. Mazzitello stated that each
year inspection of the sewer pipes by telescope is done. A
camera is run down all of the sewer pipes to visually
inspect it for various hazards and clogs and then they are
cleaned out. This keeps the sanitary sewer system running
smoothly and efficiently.
Councilmember Petschel moved to Approve Plans and
Specifications and Authorization to Advertise for Bids for
2011 Sanitary Sewer Cleaning and Televising Project.
Councilmember Duggan seconded the motion.
Mayor Krebsbach asked Jake Sedlacek, Assistant to the
City Administrator to explain this item. Mr. Sedlacek
explained that the city acquired two parcels on Pilot Knob
for preservation. There is a management plan for the Pilot
Knob site in its entirety. This is meant to address not only
restoration of the site to oak savannah but also the
amenities to help people who visit the site to enjoy it more.
May 17, 2011
Page 6
For the 2011 year, as outlined in the management plan, the
city council budgeted for a parking area on the site. The
proposed parking lot, as is described in this contract, is for
a six to eight stall parking lot. It would be very
minimalistic, boulders to keep cars from driving in, a small
spot for a restroom and perhaps an entrance monument
sign. The contract before the council is to have Great River
Greening take this project to do the initial scoping on it and
come back to council with their proposed plan for the site
and then further estimates. This contract would take the
project from start to finish. The next step on this would be
getting the plan together and that would then come back to
the council before going any further. Expenditures under
this contract would be authorized by city staff to ensure the
established vision for the site is adhered to.
Mayor Krebsbach asked if this contract would pay for the
parking lot. Mr. Sedlacek replied in the affirmative.
Mayor Krebsbach asked Mr. Sedlacek to explain why the
parking lot only allows for six to eight parking stalls. Mr.
Sedlacek replied that the vision in the management plan is
that, while Pilot Knob itself is a fairly large site, the
intended use of it is for more passive recreation. It is not a
park in the traditional sense. The idea is that six to eight
parking stalls should be more than enough for the average
amount of visitors on that site in any given weekend day or
evening. It is anticipated that there might be schools that
would use the site for interpretive qualities but that the
parking lot is of sufficient size for the type of use
anticipated.
Councilmember Duggan expressed his concern about the
size of the parking lot and his assumption that, due to the
historic significance of Pilot Knob, someone else is
overseeing the design and creation of the parking lot, and
then someone else is actually going to build it. Mr.
Sedlacek stated that the parking lot could be constructed by
Great River Greening because of the type of construction it
is, with aggregate rather than any sort of paving.
Councilmember Duggan asked if there was a limit on the
dollar cost of this. Mr. Sedlacek replied that $15,000 is the
contracted amount for the whole project.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
PRESENTATIONS
SAINT THOMAS ACADEMY
ADVANCED PLACEMENT
ENVIRONMENTAL SCIENCE
PROGRAM ANNUAL
PRESENTATION ON ROGERS LAKE
May 17, 2011
Page 7
Mayor Krebsbach stated that one of the things that gives
this a consistency and, because of the sense of nature of this
project; Great River Greening has been part of it from the
very beginning. It always comes through the council for
approval but there are some unique aspects here and so
with the public works department taking care of all of the
city parks, they do manage this particular site. Mayor
Krebsbach did ask what the frequency is of the contract
with Great River Greening. Mr. Sedlacek replied that the
contract is renewed on an annual basis.
Councilmember Duggan moved to approve a Contract with
Great River Greening for the Construction of a Parking Lot
at Pilot Knob.
Councilmember Petschel seconded the motion.
There were none.
Mr. Tony Kinzley, teacher of AP Environmental Science
stated that they have five junior students from the class of
2012 who will be presenting.
Kevin Gus began the presentation by introducing the water
quality analysis performed in the fall of 2010. Mr. Gus
stated that Rogers Lake is important to the eco- system
because it provides beauty for the neighborhood; it
provides recreation in the form of fishing, walking paths,
sports in Rogers Lake Park; and it is a habitat for many
species in the lake.
The water quality- testing program has six student groups
that go out during ten weeks in the fall to six different sites
on the lake and perform nine water quality tests. They have
new equipment for testing, which provides more accurate
readings and data. Mayor Krebsbach asked if the same
sites are used for testing each year. Mr. Gus answered in
the affirmative.
Mr. Johnson shared the results of the nine different tests
that the students ran. The majority of the test results are in
the good range. There are a few that are borderline but not
too extreme. The overall quality of the lake is in the `good'
May 17, 2011
Page 8
range, slightly towards the bottom, but still in good
condition.
Mayor Krebsbach asked how this compares to last year.
Mr. Johnson replied that it is slightly lower than last year.
Last year the result was 73.7 and this year it is 70.7. A
higher number is better.
Mr. Johnson shared the positive test results, which were all
in the good range. Most importantly, the Dissolved
Oxygen and Fecal Coliform are in the good range, and
these are the two most important tests that are run and are
essential to the lake for good quality.
Dissolved Oxygen measures the amount of dissolved
oxygen in the lake, which is essential for life because the
organisms in the lake need the oxygen for cellular
respiration and the ability for life. A good reading is
between 5 to 12 parts per million (ppm), and their average
was 6.84 ppm.
Fecal Coliform measures the level of bacteria associated
with pathogens, which are usually caused by animal waste.
0 colonies per 100 milliliters means the water is safe to
drink and 200 or less colonies per 100 milliliters means the
water is safe for swimming. The reading they received was
9.93 so it is safe for swimming.
Mayor Krebsbach asked if this was consistent to all of the
sites. Mr. Johnson replied that 9.93 is the average reading
from all nine sites. Mayor Krebsbach asked what the
reading was at Rogers Lake Park, the most likely place
where people would be swimming. Mr. Johnson replied
that all of the readings were really close to the 9.93
average.
Mr. Vikers explained that the next test run is the B.O.D.5
that measures the amount of oxygen being used by bacteria
to decay organic waste that has gotten in the lake. A good
reading is 0 to 5 ppm, and their reading was 2.38 ppm.
The measure of Nitrate in the lake was next explained.
Nitrates are caused by fertilizers, leaves, and grass
clippings getting into the lake. A good reading is 0 to 3
ppm and their reading was .24 ppm. This is also known as
May 17, 2011
Page 9
a limiting factor, because they want to see lower numbers
because high numbers are bad, but some is necessary for
plant growth and for the lake to be healthy.
Total Phosphates is also a limiting factor so high is bad but
some is necessary. The reading was .925 ppm, which is in
the good range of 0 to 1 ppm. Since this is in the higher
end of the range it is something to not be concerned about,
but to keep an eye on in the future.
Turbidity is the measure of water clarity, or suspended
solids in the water. A good reading is 0 to 40 JTUs, and the
average they received was 18.64 JTUs.
Total Solids is the measure of suspended and dissolved
solids in the water, which is from road salt, run off near
Wagon Wheel Trail, etc. A good reading is 0 to 300 mpl
and the average was 293.165 mpl. Again, slightly on the
high end but still in the good range.
Mr. Lundwin spoke about areas of improvement that could
be used at Rogers Lake. Two possible areas that could be
improved are the pH and a change in temperature. PH is the
simple measure of the acidity of the lake water. A good
reading is between 6.5 units and 8.5 units. Their average
was 6.17 units, which is slightly acidic but not too
alarming. Some possible factors for this reading could be
acid rain or poor calibration of the probes. Calibration of
the probes could be solved just by taking more time and
being more careful with the way there are set. Acid rain is
nothing that can be solved locally.
Change in temperature is the difference between two
temperature readings at two separate sites across the lake.
A good reading is between 0 and 1 degree Celsius, and
their average was 1.1 degree Celsius, which is not much
and could mean that one site was in the sun and the other
was in the shade. The removal of trees could lead to this
because some of the sites have no trees at the water's edge,
which could allow for thermal pollution to leach into the
water without resistance.
Mayor Krebsbach asked if this temperature was warmer
than last year. Mr. Lundwin stated that he did not have any
data on that.
May 17, 2011
Page 10
Mr. Byon proposed solutions that could be implemented.
As a class, it was decided that the most important solution
that could be implemented as a community is to promote
buffer zones around the lake. In some ways, buffer zones
act as a cure -all for most of the problems defined through
these nine tests. Implementing the buffer zones reduces
erosion and helps to stop run -off and slow down the
process, which could be due to a number of things;
fertilizer, animal waste, or even road salts.
Secondly, educating the residents that live on Rogers Lake
is an important solution. By doing so, residents can realize
the importance of the lake to the community and increase
their efforts to preserve it. Mr. Byon shared a photo of a
good buffer zone in Rogers Lake Park and photos of areas
without a buffer zone.
Mr. Byon shared a graph showing the historical results of
the testing done at Rogers Lake. In conclusion, Rogers
Lake received a composite score of 70.77, which is in the
good range. The score is slightly lower than before, which
is not exactly what is desired, but the community is doing a
fairly good job of preserving the lake and its beauty.
However, more can be done to help by implementing such
solutions as proposed. The quality of the lake could be
improved in a matter of months.
Councilmember Petschei stated that the students may not
be aware that Wagon Wheel Trail is going to be completely
resurfaced with curbs, which is being done to not only
improve the quality of the road but to prevent the run -off
problem. In the future, when the water is tested she would
like to see, particularly when evaluation of the total solids
takes place and after the resurfacing project is done, a
before and after report to prove that preventing run -off of
the road salt, etc. makes a difference in the water quality.
Councilmember Povolny asked if the weed treatment that
the city has done in the middle of the lake in the past has
affected the water quality. Mr. Kinzley replied that the
tests they run do not test specifically for chemicals that are
in that treatment. It is something they could look into
testing.
May 17, 2011
Page 11
Mayor Krebsbach stated that the city should probably let
the school know what chemicals are being used. She also
asked if the treatments are done by the DNR. Public Works
Director Mazzitello replied that the city has a contract for
the treatments with a pelletized chemical herbicide to
remove mostly duckweed from a specific portion of Rogers
Lake for recreational purposes.
Mayor Krebsbach asked Mr. Mazzitello, based on the
picture shown of Wagon Wheel Trail, how is it expected to
change the look. Mr. Mazzitello stated that the road in the
photo will be essentially in the same place, except there
will be a barrier curb on the edge of each pavement. The
area behind the curb, which will slope down to the edge of
the lake, will be naturally vegetated.
Councilmember Duggan asked when the improvements to
Wagon Wheel Trail are expected to be finished. Mr.
Mazzitello replied that substantial completion of the project
is expected by the end of September 2011. However the
full vegetation will most likely not be grown in until the
summer of 2012.
Councilmember Petschel asked if the city has a policy
when a residential home is on a pond or lake with regard to
clear cutting to the water. Mr. Mazzitello replied that there
is a wetlands ordinance that governs the buffer area 100
feet out from the normal water level. Any work done in
that area, as far as soil disturbance, the resident is required
to get a wetlands permit through the city. As far as
maintaining a lawn or vegetation, Mr. Mazzitello does not
believe the city has anything in code at this time.
Mayor Krebsbach stated that the community around Rogers
Lake is very interested in the quality of that water. The city
has committed to some vegetation removal utilizing
herbicide at least for this year, and then will be looking into
it again next year.
Councilmember Duggan stated that he knows that the
residents around Rogers Lake appreciate what St. Thomas
does there. He suggested they consider providing the
results of the tests and the recommendations to those
residents, most especially to those who have manicured
Ayes: 5
Nays: 0
MENDOTA HEIGHTS POLICE
DEPARTMENT RESERVE UNIT
May 17, 2011
Page 12
lawns all the way to the waters edge instead of having a
buffer zone.
Councilmember Duggan moved that the council accept the
report from Saint Thomas Academy Advanced Placement
Environmental Science Program.
Councilmember Povolny seconded the motion.
Sergeant Convery gave background information on the
Reserve Program by stating that in 2010 the Reserve Unit
provided a total of 1,536 volunteer hours in support of the
Police Department. In early 2011 resignations were
received from two members of the reserves.
In reviewing the great accomplishments of the unit and its
dedicated members, it was decided to honor the members
who donate a very large amount of their time by presenting
them with the Presidential Volunteer Service Award.
The Presidential Volunteer Service Award recognizes
individuals and groups that achieve a certain standard,
measured by the number of volunteer hours of service over
a 12 -month period. The award consists of an official
Presidential Volunteer Service award lapel pin, a
personalized certificate of achievement, and a
congratulatory letter from President Obama. The award
levels for adults are: bronze award (100 — 249 hours), silver
award (250 — 499 hours), and gold award (500+ hours).
Sergeant Convery presented bronze and gold service
awards to the reserve members. In addition, he recognized
and presented plaques to the two members leaving the unit.
Mayor Krebsbach expressed, on behalf of the residents of
Mendota Heights, appreciation for the full service of the
Police Department. She stated the Reserve Program is
certainly a very important dimension of the department,
they add a great sense of security and comfort to people in
terms of being community based, are there for the
residents, and there as an extension of the Police Force.
Sergeant Convery continued to the swearing in of four new
reserve volunteer officers, who will serve as volunteers
working with the current two active reserve officers, along
May 17, 2011
Page 13
with Captain Murphy. These reserve officers will not be
licensed, they will not carry a gun, and they do not have
arrest powers. They simply will supplement the police
officers and serve as a force expander. The four new
reserve recruits have undergone an interview process, a
criminal background check, and fingerprinting. The
reserves will be probationary for the first year. All four of
the recruits have completed 42 hours of basic training over
the past three months and have already cumulatively
volunteered over 200 hours to prepare them for their duties.
Sergeant Convery introduced the four new reserve
members:
George Castillo
Jim Knox
Jeffrey Parker
Jerrod Spicer
Chief Aschenbrener led the new members in the reading of
the Code of Ethics of the Police Department.
Mayor Krebsbach swore in the four new Police Reserve
members.
RESOLUTION ACCEPTING BIDS Public Works Director Mazzitello explained that on
AND AWARDING CONTRACT FOR May 11, 2011 of this year bids were opened for the
THE WAGON WHEEL TRAIL reconstruction of Wagon Wheel Trail, which includes the
NEIGHBORHOOD IMPROVEMENTS stated reconstruction and will include the installation of
storm sewer, curb and gutter, new aggregate base,
bituminous surface, an eight -foot bituminous trail, and fire
hydrant replacement. Also included in the project is the
rehabilitation of Alice Lane, Rogers Court and Swan Court.
At the bid opening on May 11, 2011 at 10:00 a.m., two bids
were opened and a low bidder was identified. The
resolution tonight would award the reconstruction contract
to McNamara Contracting identified as the low bidder with
a bid of $1,650,534.93. With the approval of the
resolution, they would be notified of their contract award
and their anticipated date to mobilize in early June.
Councilmember Petschel asked if Mr. Mazzitello had
worked with this company before. Mr. Mazzitello replied
that the city has done work with McNamara in the past and
found them to be a very reputable contractor.
Ayes: 5
Nays: 0
ON SALE WINE INSTITUTIONAL
LICENSE AND ON SALE 3.2 MALT
LIQUOR LICENSE - WESTERN
CULINARY INSTITUTE LTD/
LE CORDON BLEU (HEARING 2 OF 2)
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
UNFINISHED AND NEW BUSINESS
May 17, 2011
Page 14
Councilmember Duggan moved approval of a
"RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE WAGON WHEEL TRAIL
NEIGHBORHOOD IMPROVEMENTS"
Councilmember Vitelli seconded the motion.
City Administrator McKnight explained that this is the
second part of a two -part public hearing for Western
Culinary Institute Ltd/Le Cordon Bleu for an on -sale
liquor license. The first hearing was held at the May 3,
2011 city council meeting. Mr. McKnight stated Le
Cordon Bleu has relocated from 1440 Northland Drive to a
new building located at 1315 Mendota Heights Road.
Therefore, pursuant to Mendota Heights City Code and
Minnesota Department of Public Safety, Alcohol and
Gambling Enforcement Division the premises of the license
has changed which requires application for a new license.
Staff recommends the city council conduct a public
hearing, consider any comments they may receive, and then
approve an On Sale Wine Institutional License and On Sale
3.2 Malt Liquor License for Western Culinary Institute
Ltd /Le Cordon Bleu located at 1315 Mendota Heights
Road.
Mayor Krebsbach asked if there was anyone in the
audience that wished to speak on this item.
Councilmember Duggan moved to close the public hearing.
Councilmember Petschel seconded the motion.
Councilmember Duggan moved to approve the On Sale
Wine Institutional License and On Sale 3.2 Malt Liquor
License for Western Culinary Institute Ltd /Le Cordon Bleu
located at 1315 Mendota Heights Road.
Councilmember Petschel seconded the motion.
RESOLUTION CALLING FOR A
PUBLIC HEARING ON A UTILITY
EASEMENT VACATION ON LOT 6,
BLOCK 1, MENDOTA PLAZA
EXPANSION
Ayes: 5
May 17, 2011
Page 15
Public Works Director Mazzitello stated the part of the
Planned Unit Development approval for the Mendota
Plaza expansion included, as part of the first phase of
the construction of that expansion, which is the renovation
of the mall, the site improvements, and the construction of
Walgreens, a new sanitary service line was installed
underneath the improved entrance to the plaza, off South
Plaza Drive. The original location of that sanitary service
line was on Lot 6, Block 1 of the development, located
inside a 30 -foot wide utility easement. The line is now
operational and the original line has been closed and
abandoned in place. The easement is before the council to
call for the public hearing to vacate that utility easement.
It was noted the vacation resolution is for this easement and
this easement only.
Mayor Krebsbach asked if the public hearing is only
tonight. Mr. Mazzitello replied that the resolution before
the council would call for a public hearing on June 21,
2011.
Mayor Krebsbach asked City Attorney Diehm if there is
any reason they should not vacate, or for any comment she
may have at a public hearing, and to explain the affect of
this vacation if it is acted upon. City Attorney Diehm
replied that there are no legal requirements and that all they
are doing tonight is setting the public hearing date in the
future. Again, this public hearing is for a very limited
portion of the sewer line which has already been relocated.
Mayor Krebsbach asked whom the property would go to if
the easement were vacated. City Attorney Diehm replied
that when a property is vacated it is returned to the
underlying fee owner of that property. In this case that
would be Mendota Plaza.
Mayor Krebsbach asked if City Attorney Diehm saw any
reason to not move on this public hearing to which she
replied she did not.
Councilmember Duggan moved adoption of a
"RESOLUTION CALLING FOR A PUBLIC HEARING
ON A UTILITY EASEMENT VACATION ON LOT 6,
BLOCK 1, MENDOTA PLAZA EXPANSION
Councilmember Petschel seconded the motion.
Nays: 0
May 17, 2011
Page 16
Public Works Director Mazzitello explained that there
are actually three resolutions; listed as A, B, and C that
are essentially requesting the same thing. Every year
reconstruction/rehabilitation projects are done in
accordance with the Street Improvement Plan. These three
resolutions are the three projects for the 2012 program.
The first is the Diane Road Neighborhood Rehabilitation
and consists of Adeline Court, Barbara Court, Celia Drive,
Diane Road, Douglas Road, Eagle Ridge Road, Nina Court,
and Rae Court. Approval of this resolution authorizes staff
to begin work on preparing the feasibility study, which will
be brought before council for review and approval once
complete.
Mayor Krebsbach asked if this would be a good time to
raise a suggestion she has. Mr. Mazzitello replied that
would acceptable; the street improvement plan 2012
program is set and approved by council from last year's
review. The street improvement plan will be brought
before council later this year for revision. By starting this
process with these 2012 feasibility reports, these 2012
projects would be kept in the current spot in the set.
Mayor Krebsbach explained that the following
neighborhoods, including her own, of Culligan cul -de -sac,
Glenhill Road, Culligan Lane that does not have curb, and
Hunter and Orchard which do not have curb, were to be
improved in 2009. Mayor Krebsbach believes that the
streets are going to appreciably deteriorate. She did
support the project not going forward in 2009 because there
was so much discussion around it and it was at the time the
recession was just hitting. Her suggestion to Mr.
Mazzitello was that the two streets that are just a mill and
overlay should be included in this year's decision to do the
improvements next year.
Mr. Mazzitello stated that he went back to the project files
from the 2009 project to look at Glenhill Road and
Culligan. What he found was similar to the Wagon Wheel
Project being done this year. The rehabilitation portion was
integrated with the reconstruction portion for estimated
quantities, unit prices, survey work and it is a single set of
plans. So to separate Culligan and Glenhill out of this
May 17, 2011
Page 17
project we would essentially have to start the rehabilitation
from scratch and we would re- accomplish staff work that
has already been completed. His advice to the mayor and
the council would be either move the Hunter, Orchard,
Glenhill, Culligan project from 2014, where it is currently
scheduled, and move the whole thing forward or leave the
whole project where it is in 2014 and it would be rebuilt as
scheduled.
Mayor Krebsbach stated that if it were to be done, the
neighborhood would need to be notified that they are up for
a project for next year. Mr. Mazzitello replied that the
portion in the process where the project stopped in 2009
was at the public hearing. To revive the project in 2012,
notification of the residents and a new public hearing
would be necessary. The feasibility report has been
completed and accepted.
Mayor Krebsbach asked if this is something that could be
on the agenda for the June meeting to discuss inclusion of
Glenhill, Culligan, Hunter, and Orchard. Mr. Mazzitello
replied that it could be added at one of two times, as a
separate amendment to the street improvement plan or wait
until the street improvement plan comes up for review later
this summer because it would be a 2012 project. Mayor
Krebsbach asked if there is capacity to add one more
neighborhood in 2012. Mr. Mazzitello replied that adding
one more neighborhood would make for a really busy
summer for them.
Mayor Krebsbach requested that the discussion be put off
until later in the summer. It is her belief that the streets are
really going to deteriorate and that Glenhill and Culligan
streets by the time 2014 arrives are going to require a
complete redo. She feels that it is unfair for the
neighborhood to not have had the streets repaired when
expected. Mayor Krebsbach stated she understands that
there are issues on Hunter but feels that the others streets
need to be looked at in disrepair. It is an issue that is going
to have to be addressed at some time.
Mr. Mazzitello stated that when the street improvement
plan comes up for its annual renewal later this summer
would be an applicable time to have this discussion.
Ayes: 5
Nays: 0
RESOLUTION ESTABLISHING
AND REVOKING MUNICIPAL
STATE AID STREETS
May 17, 2011
Page 18
Councilmember Duggan stated that he understands the
mayor's concerns, especially since this is her
neighborhood, but when this issue was discussed in
approving the plan, the large plan, he raised the point that
the safety at Dodd and Highway 110 was much more
paramount. Dollar wise it was not too far different and his
thought is that if something is going to be brought forward
it should be the safety at Dodd and Highway 110,
especially since it is being raised by residents of Mendota
Heights who are trying to cross the highway at Dodd Road,
which is becoming even more evident now that there
viability in both of those centers. Going forward he is not
against having the discussion but wants to include in that
discussion the concept of presenting a safer crossing at
Dodd and Highway 110.
Mayor Krebsbach expressed her desire to discuss the safety
at Dodd and Highway 110. She stated it was her desire to
include the neighborhood she mentioned, but at the annual
review meeting, council would want to review if there is
any other project that would need to be changed in the
order.
Councilmember Duggan moved to adopt a "RESOLUTION
ORDERING THE PREPARATION OF A FEASIBLITY
REPORT FOR DIANE ROAD NEIGHBORHOOD
REHABILITATION"
and moved to adopt a `RESOLUTION ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR
LEMAY LAKE ROAD NEIGHBORHHOOD
IMPROVEMENTS"
and moved to adopt a "RESOLUTION ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR
MARIE AVENUE AND MENDOTA HEIGHTS ROAD
REHABILITATION"
Councilmember Vitelli seconded the motion.
Public Works Director Mazzitello opened the discussion
by stating that every year city staff reviews which streets
within the city are designated as municipal state aid streets.
These have to meet a specific list of requirements in order
to qualify. He explained the choices in Mendota Heights
May 17, 2011
Page 19
are relatively limited as to what can and cannot be
designated as a municipal state aid street.
Mr. Mazzitello shared a map that depicted all of the streets
in Mendota Heights, color -coded by their designation. The
change in municipal state aid streets that staff is proposing
is due to the fact they accepted turn-back of right -of -way
from Minnesota Department of Transportation for LeMay
Lake Road as well as Victoria Curve. Staff would like to
add those to the municipal state aid system and in order to
do so mileage needs to be removed. In addition they are
proposing removing Chippewa Avenue from the municipal
state aid streets.
The MSA program provides funding to the city for project
construction and maintenance based on mileage. By
making these proposed changes, which keeps the city
within the allowable quantities, the city would be gaining
an increase in funding of approximately $30,000 per year.
Mayor Krebsbach mentioned that in a prior meeting she
had asked Mr. Mazzitello about Chippewa being removed
and asked him to provide explanation. Mr. Mazzitello
stated that Chippewa Avenue is in relatively good condition
for its age and because of the property demographics up
and down Chippewa that a rehabilitation or reconstruction
project could be funded through assessments.
Councilmember Petschel stated that when reading the
materials received, the impression she received was that
when there are streets or portions of street where there are
no residences fronting the street, these are the kinds of
streets to be designated in this way so that state aid can be
applied. She asked if her impression was correct. Mr.
Mazzitello replied in the affirmative.
Councilmember Duggan asked if the LeMay Lake Drive
depicted on the map by Mr. Mazzitello differed from the
LeMay Lake Road on the one that was just approved for
going forward for feasibility. Mr. Mazzitello replied that it
is the same street. Councilmember Duggan asked what
would be the impact of making this change. Mr. Mazzitello
replied they intend on utilizing municipal state aid funds
for the LeMay Lake project.
May 17, 2011
Page 20
Councilmember Duggan moved to adopt a "RESOLUTION
ESTABLISHING AND REVOKING MUNICIPAL
STATE AID STREETS"
Ayes: 5 Councilmember Vitelli seconded the motion.
Nays: 0
COUNCIL COMMENTS Mayor Krebsbach asked Assistant to the City Administrator
Sedlacek to provide an update on the Mendota Heights
Spring cleanup and also make an announcement about the
upcoming parks celebration.
Mr. Sedlacek mentioned that Saturday was a beautiful day
to do the Mendota Heights clean up, which is an annual
event. There were just over 200 cars that went through this
year. No numbers have been received back yet but it is
always interesting to see how many tons of garbage taken
in and diverted from a landfill. A number of residents took
advantage of the event and there were quite a number of
great volunteers. Mr. Sedlacek will provide the full details
on how successful the event was at another time.
Councilmember Duggan recognized that so many staff
members were there helping and they did it willingly,
happily, and it brought to mind a wonderful little Latin
phrase that goes "exegi monument aereri perennius"
meaning "I have built a monument more lasting than
bronze." He expressed his appreciation for the spirit of
cooperation, of generosity demonstrated by the reserve
officers, by all of the families who came here,
demonstrated by staff last Saturday, and demonstrated by
all of the people in the City of Mendota Heights — and
stated it is such a wonderful place to live because of that
and it is great, more valuable, and more lasting than bronze
spirit.
Mayor Krebsbach also commended the councilmembers
who were at the event and commented on their great energy
and enthusiasm.
Mr. Sedlacek continued by sharing that the next upcoming
event is the Park Celebration, which is on Saturday June 4,
2011. This year the event will be held from 10:00 a.m. until
1:00 p.m. at Mendota Park. There will be live music,
petting zoo, fire truck rides, face painting, arts and crafts,
A EST:
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San le Thone, City Clerk
May 17, 2011
Page 21
and other recreational activities. It will be a really fun day
to spend at the park.
In addition MHAA is having their invitational baseball
tournament the same day as the Park Celebration. The
Mendota Heights 5K Walk/Run to benefit Special
Olympics is that morning at The Village, starting at 9:00
a.m. Mayor Krebsbach asked what the deadline is and the
cost of registration for the 5K. Mr. Sedlacek replied that
there is a benefit for paying early. Registration forms can
be obtained on -line or at City Hall. Registration received
before Friday, June 3 at 6:00 p.m. will cost $20 and the day
of the race will be $25. The night before at The Village
they will be hosting live music in the Market Square Park.
Mayor Krebsbach commended the council for arriving
early at 5:00 p.m. today to attend the Emergency
Preparedness Workshop. She also commended the staff for
the all of their preparation work on the workshop.
Councilmember Duggan mentioned that at Kensington
Park, one of the older areas of the city, the base foundation
that everybody plays on is the old traditional material and
we should look into changing it. He asked that council
support the Parks and Recreation Commission as they go
forward with their decisions regarding this issue. It may be
a lot of money but it is his understanding that it is in the
budget. Kensington Park is a great asset to the city and
should be taken into consideration.
Councilmember Petschel mentioned that tomorrow she and
Councilmember Duggan are going out to MAC for the
Noise Oversight Committee meeting. They have prepared
and are going to present a resolution honoring Merland
Otto. It has been well received by MAC staff.
adjourned the meeting at 8:33 p.m.
Mayor