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2011-05-03 City Council minutesMay 3, 2011 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 3, 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. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption as presented. Councilmember Duggan moved adoption of the agenda as presented. Ayes: 5 Councilmember Povolny seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Petschel moved approval of the minutes of the work session held on April 11, 2.011 with one minor change. Ayes: 5 Councilmember Vitelli seconded the motion. Nays: 0 Councilmember Duggan moved approval of the minutes of the regular meeting held on April 19, 2011 with minor changes. Ayes: 4 Councilmember Vitelli seconded the motion. Nays: 0 Abstain: 1 (Petschel) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling item d. Approve a "RESOLUTION CELEBRATING SAINT THOMAS ACADEMY'S 125TH ANNIVERSARY" for further review. Ayes: 5 Nays: 0 APPROVE A "RESOLUTION CELEBRATING SAINT THOMAS ACADEMY'S 125TH ANNIVERSARY" Ayes: 5 Nays: 0 PUBLIC COMMENTS PROPOSAL TO LAUNCH A FARMERS MARKET AT THE VILLAGE AT MENDOTA HEIGHTS May 3, 2011 Page 2 a. Acknowledgement of the April 2011 Building Activity Report b. Aclaiowledgement of the April 2011 Parks and Recreation Commission Meeting Minutes c. Acknowledgement of Review of a Potential Conflict of Interest Disclosure d. Approve a "RESOLUTION CELEBRATING SAINT THOMAS ACADEMY'S 125TH ANNIVERSARY" e. Approve 2011 Par Three /Recreational Seasonal Staff Hiring f. Approve a Purchase Order with Pipe Services for Sump Stone Sewer Manhole Cleaning g. Approve the Claims List Councilmember Vitelli seconded the motion. Councilmember Duggan read the resolution. Councilmember Petschel moved adoption of RESOLUTION CELEBRATING SAINT THOMAS ACADEMY'S 125TH ANNIVERSARY. Councilmember Vitelli seconded the motion. Ms. Ann Ulrich, co -owner of Mendoberri Cafe and Wine Bar, located at The Village of Mendota Heights spoke on behalf of a number of the tenants at The Village expressing their proposal to launch a farmer's market at The Village. Ms. Ulrich shared a brief outline of the proposal, which included a list of potential organizers and coordinators, a post -Labor Day 2011 target date, and the benefits to the community. Ms. Ulrich also shared a list of surrounding area markets and their schedule, the idea being that the proposed market would be scheduled so as to not be in direct competition. Councilmember Duggan inquired if West Saint Paul was listed. Ms. Ulrich replied that it is included on the list and their market day is Friday from 8:00 a.m. to 12:00 p.m. May 3, 2011 Page 3 Councilmember Duggan inquired if contact has been made to the other market organizers and vendors to see if they are interested or if they would consider Mendota Heights. Ms. Ulrich responded that the vendors they deal with on a regular basis have expressed interest. No contact has been made to other vendors or retailers. She expressed confidence that there would be interest there. Councilmember Duggan expressed his support of the idea and thinks that it would be a wonderful addition to the community. Mayor Krebsbach stated that there is usually an organization that is the responsible party for getting the vendors and management of the market. More backgrotund work would need to be completed. Councilmember Povolny asked what date and times were they thinking of holding the fanner's market. Ms. Ulrich indicated that this has not been decided but that a public poll could be done to garner public opinion on when would be the best day and time to get the best turnout and meets the needs of the community. Councilmember Petschel suggested input from the athletic association to see which evenings are softball, baseball, etc so not to compete with that. Councilmember Petschel expressed her support of the idea of a farmer's market and particularly likes the idea of what it could do even for the current businesses in improving foot traffic and usage. However, there are all kinds of things like traffic, parking, etc. that need to be taken into consideration. Councilmember Vitelli also expressed his support of the idea. He suggested the gathering of comments from the City staff on things that would help get it organized, such as licensing, retailing, legal issues, etc. Mayor Krebsbach indicated that there was a pre- discussion and Mr. Sedlacek is prepared to talk about what might be necessary from the City point -of -view. Mr. Sedlacek stated that this type of use is allowed in the B4 or the mixed -use plan unit development zones, primarily south and north of The Village intersection. It is allowed as a temporary garden center under conditional use permit. Business licensing is May 3, 2011 Page 4 fairly simple. Concerns would be traffic, how will the suppliers be getting in and out, set up locations — these would be the types of details that the task force would need to provide to the City in the conditional use permit process. Mayor Kiebsbach stated that the City would need to have more specific inforination in terins of who would be the businesses that would be coming together around this and then the City could look at how to interface with that group. WINTER WONDERLAND PHOTO City Clerk Thone explained that in early CONTEST WINNERS February the Winter Wonderland Photo Contest began, which invited residents and people working in Mendota Heights businesses to show us your Mendota Heights. Nine winners were determined out of three categories, Nature and Wildlife, People and Pets, and City Scenes and Events. Local businesses donated gift cards to the winners. Ms. Thone shared the winning photos with the Council and the audience. The winning photos will be on display at City Hall. Ms. Maria Humphreys, first place winner of two categories, was in attendance and Mayor Krebsbach presented the winning certificates to her. PUBLIC HEARINGS City Clerk Thone explained that pursuant to Mendota ON SALE 3.2 MALT LIQUOR Heights city code all establishments that sell liquor LICENSE-MENDOTA HEIGHTS need to obtain a license. These are all licensed PAR 3, MENDOBERRI, TOMMY establishments already in the city and are -up for renewal. CHICAGO'S PIZZERIA One public hearing is required for these liquor licenses and the applications have been received. One public hearing can OFF SALE 3.2 MALT LIQUOR be held for all of these licenses. LICENSE-NORTHERN TIER RETAIL LLC DBA SUPER AMERICA Mayor Krebsbach opened the public hearing at 7:27 p.m. (HIGHWAY 110 AND MENDOTA and asked for public comments. HEIGHTS ROAD LOCATIONS) There being no questions or comments, Councilmember Vitelli moved to close the public hearing at 7:28 p.m. Ayes: 5 Councilmember Duggan seconded the motion. Nays: 0 Councilmember Duggan moved to approve the issuance of 3.2 malt liquor licenses to Mendota Heights Par 3, Ayes: 5 Nays: 0 PUBLIC HEARING ON SALE WINE INSTITUTIONAL LICENSE AND ON SALE 3.2 MALT LIQUOR LICENSE - WESTERN CULINARY INSTITUTE LTD /LE CORDON BLEU (HEARING 1 OF 2) Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS CASE 2011 -04: MENDAKOTA COUNRTY CLUB, 2075 MENDAKOTA DRIVE. "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SECOND MONUMENT SIGN AT 2075 MENDAKOTA DRIVE May 3, 2011 Page 5 Mendoberri, Tommy Chicago's Pizzeria, and Northern Tier Retail LLC dba Super America. Councihnember Vitelli seconded the motion. City Clerk Thone explained that Western Culinary Institute Ltd / Le Cordon Bleu has been a liquor license holder in the city for a number of years; however, they have moved to a new location, which requires a new liquor license. Le Cordon Bleu is applying for a 3.2 malt liquor license and a wine institutional license. Mayor Krebsbach opened the public hearing at 7:28 p.m., noted that it will continue to the next meeting, and asked for public comment. There being no questions or comments at this time, Councihnember Povolny moved to continue this public hearing to the May 17, 2011 meeting. Councihnember Duggan seconded the motion. Assistant to the City Administrator Sedlacek explained that this application is for a second monument sign at Mendakota Country Club located at the corner of 110 and Dodd. There is a current existing monument sign off of Mendakota Drive at the entrance of the club. The request is to place a monument sign in the rear of the existing flower garden at the intersection. Last month the zoning code was amended to allow for a second monument sign if certain conditions were met. The applicants have provided an image of what the sign would look like and are prepared, if the Council decides in favor, to make that application for the sign pen-nit. The sign is just under 100 square feet, which is in fitting with that new code. It matches the colors of the existing monument sign and it features letters that are pulled out from the sign and then backlit, so there is no light visible from either any properties neighboring or from the right of way surrounding the sign. The Planning Commission had a couple of clarification questions. They wanted to make sure they understood the size of the sign. They also wanted clarification on the May 3, 2011 Page 6 location of the sign in relation to setbacks. In a residential zone, the setback from a right -of -way would be thirty feet. The flower garden is located 45 to 60 feet from the right -of- ways surrounding it so the club has flexibility on where they could locate the sign within the flower bed. The applicant was present and shared an updated sign image with the Council. Mr. Sedlacek also explained that a public hearing was held at the last Planning Commission meeting and there were no public comments. The Planning Commission adopted six findings under resolution and applied the conditions, which were all a part of the newly amended code for conditions of approval. Councilmember Povolny asked if there is a conflict of interest since he is a social member of the club. Mayor Krebsbach indicated that she is also a member of the club. City Attorney Dielnn replied that councilmembers cannot vote on items on which they are the applicant or which they have a financial interest in the outcome of the application. In a situation like this, if anyone is just a social member of the organization, which owns the property and would be applying for the permit, they do not need to abstain from a vote on this issue. Mayor Krebsbach continued by stating that in the resolution, items one through six are the items that were approved in the ordinance change and does not believe there is anything different in there. Councilmember Duggan pointed out item four, since this zoning ordinance amendment was adopted, does not need to be stated in there although it can, "the applicants have proposed a sign that meets the particular requirements of the zoning ordinance." Mayor Krebsbach clarified that "the intent" should be removed. Mayor Krebsbach stated that this has always been a very attractive corner and its great to see this attractive sign. Councilmember Vitelli moved for approval of the "RESOLUTION APPROVING A CONDITIONAL USE May 3, 2011 Page 7 PERMIT FOR A SECOND MONUMENT SIGN AT 2075 MENDAKOTA DRIVE" with the change to item four Ayes: 5 suggested by Councilmember Duggan. Nays: 0 Councihmeimber Duggan seconded the motion. Councilmelmber Duggan pointed out that on Page 48 of the amended ordinance, item 3A there is a sentence that reads, "provided that each of the following requirements are met." It should read either "all of the requirements are met" or "each requirement is met." Mayor I- -ebsbach noted that this has no bearing on the decision on the resolution tonight but that if council wishes to pursue it should go through the Planning Commission. CASE 2011 -08: NORBERT AND This being the home of Mayor Krebsbach, she removed SANDRA KREBSBACH, 1230 herself and asked Acting Mayor Vitelli to chair this CULLIGAN LANE. "RESOLUTION discussion. APPROVING A CRITICAL AREA PERMIT FOR A DECK ADDITION Assistant to the City Administrator Sedlacek explained that AT 1230 CULLIGAN LANE" this resolution is for a critical area permit for 1230 Culligan Lane, which is located just off of Glenhill and Culligan Lane. This property is well within the boundaries of the city's critical area ordinance. The applicant is seeking to construct a new 6' x 8' deck on the back of the home. There was some concern both at the staff level and at the Planning Commission about how does this particular request fit within the critical area ordinance. The average grade on this lot is 24% and there have been some changes to the allowable grade where things can occur within the critical area. The particular property happens to fall within a small window of properties that were constructed prior to 2003 on a slope greater than 18 %. There is a catch in the code that does allow for an incidental structure. The bottom line, after much thought and consideration, is that staff is comfortable that the critical area permit is what is required for this request. When a critical area permit is reviewed negative impacts to the river and views of the river are taken into consideration. The natural environment of the river corridor is also looked at. May 3, 2011 Page 8 The planner found, because the deck is constructed as a normal deck, the water is able to run through it. It does not have an increase in impervious surface for the area and the deck itself is not viewable from the river. The Planning Commission held a public hearing on this at their last meeting in April. There were no comments on the application at that time and they agreed with the findings provided by the planner. They did make one modification to the conditions provided by the planner and staff approved the change — that being any further grading or drainage concerns are identified by staff would have to be met. Councilmember Duggan asked if this would not also be covered by the land disturbance guidance document that is noted in item two of the resolution. Mr. Sedlacek replied in the affirmative. Councilmember Duggan moved to approve "RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A Ayes: 4 DECK ADDITION AT 1230 CULLIGAN LANE" Nays: 0 Councilmember Petschel seconded the motion. Abstain: 1 (Krebsbach) CASE 2011 -09: KARRY AND LISA Assistant to the City Administrator Sedlacek explained that KNOLL, 1836 ROLLING GREEN this property is located just south of Marie Avenue on the CURVE. "RESOLUTION APPROVING north side of what is known as Burro's Pond. Just last fall A WETLANDS PERMIT FOR the City approved a wetlands permit for a pool in the back LANDSCAPING AT 1836 ROLLING yard. Upon attempting to complete their fence in the back GREEN CURVE" area, between the pool and the wetland, they are struggling to finish grade in between the approved pool and the wetland edge. They asked the city engineer to come out and take look and it was decided that in order to meet an appropriate grade level it would need a retaining wall. Since that time, the applicant has worked with staff and has identified a boulder wall as their proposed solution to this problem to help improve the grade both on top of the boulder wall and below it so it can be vegetated to help control any runoff into the wetland area. The Planning Commission did hear this at their last meeting in April. There were no comments at the public hearing and they agreed with the findings of the city planner, made some adjustments to the language regarding the engineering review, and approved a couple of conditions. May 3, 2011 Page 9 Mayor Krebsbach asked how many feet from the wetland is being approved. Mr. Sedlacek replied that the pool edge, which is installed, is 20 feet from the officially recognized wetland edge. Mayor Krebsbach then asked how close the retaining wall is. Mr. Sedlacek stated that the applicant would be better able to answer that question but the idea is to have vegetation both above and below the boulder wall to help keep the soil in place. Councilmember Petschel referred to the pool and asked when that much impervious surface is added that close to the wetland, is there anything special that can be done in terms preventing runoff into the wetlands — is that the purpose of the boulder wall and vegetation. Mr. Sedlacek stated that it is typical in a wetland application that the Council will consider a buffer. A buffer of 25 feet of natural vegetation is preferable and that was the intent of the original wetlands permit. But when the applicant was looking at things this spring and trying to make it work it was realized that the grade was going to be too steep for natural vegetation to hold. While this is not an ideal solution, it is a solution that engineering is alright with. Councilmember Petschel asked if engineering made any recommendations as to the native vegetation. City Engineer Mazzitello replied that the Minnesota Department of Transportation has a number of different seed mixes that they use as they disturb land and work on their highways and bridges. There is a number of wetland wild seed mixes available from local area vendors and he would be happy to recommend those seed mixes to the applicant. Councilmember Vitelli asked City Engineer Mazzitello if he supports this proposal. Mr. Mazzitello replied that this may not be the ideal solution; however, this is going to prevent erosion better than the original plan will because there will not be a 3 to 1 slope coming down from the pool. He also stated that he would really like to see the buffer between the boulder wall and the wetland edge densely vegetated, not just sparsely seeded with a five pound bag but very densely vegetated because there will be less than 20 feet of buffer area. But for what the applicant wants to do, given the Ayes: 5 Nays: 0 HUMAN RESOURCES COORDINATOR POSITION May 3, 2011 Page 10 constraints of the piece of property, this is probably the best solution. Mayor Krebsbach stated that it seems this language should be included if this is going to be approved to guarantee that there would be that dense vegetation. Councilmember Duggan stated that item three might address this under the further resolves section of the resolution. Mayor Krebsbach asked the applicant if they are in agreement with some sort of increased vegetation that would be reviewed by Mr. Mazzitello. The applicant replied in the affirmative and stated that his original intent was not to have to do this. However, when the pool was completed and they were looking at putting in the fence and looking at the grade it just didn't seem possible. The applicant approached the city to prevent any wrongdoing. The applicant stated that he is more than willing to do whatever it takes. Councilmember Duggan moved approval of "RESOLUTION APPROVING A WETLANDS PERMIT FOR LANDSCAPING AT 1836 ROLLING GREEN CURVE" Councilmember Vitelli seconded the motion. City Administrator McKnight stated that the human resources position is vacant due to the resignation of Mary Hapka. After reviewing the workload, position, and the status of the Human Resources program Mr. McKnight is proposing to increase the position from a 0.5 FTE to a 1.0 FTE. He continued by stating that it has been his experience in the local government units that he has worked in, that the human resources coordinator is one of the most important positions in an organization. This is a position that insures all of the legal obligations, state and federal law requirements, etc. are met. This position plays a key role in recruiting and developing our most important asset and that is our employees. In discussing this position with Ms. Hapka before she resigned, she basically said that she had the time to get the day -to -day tasks done but bigger projects often got put on hold or put off. With 50 full -time employees, 30 volunteer firefighters, and almost 10 police reserves the workload exists to make this a fiill -time position. Also, by making a May 3, 2011 Page 11 full -time position we would be able to put some of the work back that the City Clerk, City Administrator and other department heads are currently performing. If this was made a 1.0 FTE position, the additional cost in unbudgeted dollars for this year is approximately $15,000, depending on when the position would be filled. The intent is to not change the draft job description that was provided, even if the FTE was not increased. It would just take longer to get done. Mr. McKnight is recommending approval of the draft job description and to authorize recruitment of the position at a 1.0 FTE. Mayor Krebsbach asked if the city has had a full -time human resources person in the past. Ms. Schabacker replied that Emmy Foster was initially hired as a full -time employee and then was returned back to a half -time position. Mayor Krebsbach stated that the city does have that flexibility if they hired a full -time employee and found out that there was not work that required it or the person decided they only wanted to work part -time, they could put it back as a half -time position. Mr. McKnight stated that the $15,000 mentioned earlier would be paid from two sources; positions that have not been filled that have left already this year and the fund balance. Mayor Krebsbach mentioned for the benefit of the residents, that the city is not replacing all positions as people retire or leave. So there is going to be a little bit different mix of employees but the city is always looking closely at the budget. Councilmember Vitelli moved for approval of the draft job description and to authorize recruitment of the position at a Ayes: 5 1.0 FTE Nays: 0 Councilmember Duggan seconded the motion. AIRPORT RELATIONS City Administrator McKnight stated that the Airport COMMISSION 60 DNL REQUEST Relations Commission (ARC) is looking for guidance from the Council. The ARC is requesting that the City Council consider setting 60 DNL as the noise attenuation level in the May 3, 2011 Page 12 city. Currently the setting is 65 DNL. This issue was raised at the end of 2010 by the City of Mimneapolis. During discussions in 2010 in regards to the airport's long -term comprehensive plan, cities argued that the 1996 60 DNL had become the standard for corrective and preventative land use measures with the noise mitigation committee's recommendation to attenuate held to the 60 DNL line. MAC had subsequently used a 60 DNL line in two of its Part 150 Update. The argument that was made during the airport lawsuit and the 2010 comprehensive planning process is that no community or other entity had taken formal action creating 60 DNL as the standard. Since that time, Minneapolis, Eagan, and Richfield have all passed resolutions setting 60 DNL as their standard. Simply passing a resolution setting 60 DNL as our standard in Mendota Heights is not that simple. We have this language in our zoning ordinance, which is why the Commission is looking for guidance as to whether or not the Council would support the taking of this process through the Planning Commission process to change the zoning ordinance, get public comments, etc. If the change were made from the 65 DNL to the 60 DNL line, today it would impact three residential properties. ARC does support this issue but is looking for guidance. Councilmember Vitelli had submitted three questions: What are the benefits if the city moves along this path to the citizens of Mendota Heights? Are there any shorter long- term litigation issues that the city would be confronted with because of this? Are there any costs for the city or residents if we begin down this path? Councilmember Petschel responded that at the end of the dual track process (when the MAC was considering moving the airport or leaving it where it was), the legislature chose to leave the airport where it was but with the understanding that MAC would mitigate out to the 60. As soon as everything that was in the 65 was completed, the assumption by the cities firm and the airport was that they would then begin mitigating out to the 60 because that was the agreement going back to the conclusion of the dual track process. MAC balked at this claiming that they did not May 3, 2011 Page 13 really mean that and the cities held finn and sued the airport. Mendota Heights did not join that suit but was supportive. The cities won and right now MAC is in the process of mitigating all homes in the 60 to 64 DNL. Councilmember Vitelli interjected that the residents who might be listening, Councilmember Petschel is using teens that might not be understood. For instance, what does 60 DNL mean as opposed to 65 DNL; and what does mitigate mean. Councilmember Petschel explained that 60 DNL and 65 DNL — DNL stands for Day Night Levels of aviation noise — decibel levels of noise. Mitigation means, most of the time, new windows, insulation, and air conditioning. Mayor Krebsbach noted that MAC does the mitigation, not the City of Mendota Heights. Councilmember Petschel continued by stating that the problem is, when MAC came forward with their 2030 Long- term Comprehensive Plan, at the end of that plan they are planning on having 630,000 operations a year, which is the maximum at the airport. This creates a new noise contour. In that noise contour many of the communities surrounding the airport are going to have 10,000+ of new homes in that 60 to 64 DNL and there was nothing in the plan, no monies set aside for soundproofing. The cities had a very strong objection to that. At the hearings at the Met Council, MAC was very pointed and we had no right to insist on any mitigation in the 60 to 64 DNL because none of the cities have accepted 60 to 64 as their metric where mitigation needed to occur. As a result of that and to protect itself, all of the cities surrounding the airport have made the 60 DNL as the new metric where mitigation sound insulation needs to occur. Mendota Heights is the only city that has not brought this forward. At its worst, in the 2030 Long -Term Comprehensive Plan, with the current fleet of aircraft, there are two homes and one business that are affected. May 3, 2011 Page 14 Mayor Krebsbach clarified that what Mendota Heights sees as the impact, the three properties, is up to the year 2030, even with the increase of operations. Councilmember Petschel confirmed the clarification and asked that everyone keep in mind that going out into 2030 at 630,000 operations, other than these three properties, there is no affect in the City of Mendota Heights. Actually, the noise contours have been shrinking and what were once the 65, where people did receive mitigation, are now the 60. Anybody that is in the 60 right now would not qualify for mitigation because they were already mitigated. What it is doing is showing uniformity in terms of the cities surrounding the airport, which has been the modus operandi at the Noise Oversight Committee. In terms of legality and what this is going to cost us, at this point the cost would be zero dollars. Mayor Krebsbach asked if the City is opening a floodgate for more homes to be designated in the 60 DNL because they would also be mitigated. Councilmember Petschel replied that the answer is no because the way the contour has been projected everything that falls within the noisiest part of the new contour at the 2030 level, with the airport at its max, with its worst fleet, at 630,000 operations each year has already been mitigated. Mayor Krebsbach stated that if the Council approves this it would be sent to the Planning Commission to amend the zoning code to include a 60 DNL. Councilmember Duggan stated that new construction, such as Augusta Shores II, has to build to the standards that are established, but will this put more stringent building standards for noise attenuation on Augusta Shores I1 or has that already established. Assistant to the City Administrator Sedlacek answered that LeMay Shores, the second addition to the Augusta Shores development, have actually self - imposed stronger standards than the code allows. If Council decides to move forward on this action, staffs' recommendation is that the current requirements that go to the 65 just be stretched over to 60. So there would not be any additional burdens. May 3, 2011 Page 15 Mr. McKnight also added that there would be some staff cost incurred in taking this proposal to the Planning Commission and some potential cost to these three properties but it is believed that these costs would be minor. Mr. McKnight also stated that he is not looking for any motion tonight. He just wanted to gain some consensus. The Council expressed their support. Councilmember Petschel asked if a resident has a home currently in the 65 and they add an addition, will they be made aware that the addition has to confonn to the 65 if the home has already been insulated. Mr. Sedlacek replied that if a resident has an existing structure, they do not need to bring the addition up to the noise attenuation standards. However, if a new structure is built or a reconstruction of a home that is in the noise zone, that entire structure would be required to meet the noise attenuation standards. Councilmember Petschel suggested that, at some point, the Council might want to take a look at that in the future. She has heard that other cities that did not have the addition requirement in their code have had issues because the addition was not soundproofed and they have unhappy residents. Councilmember Duggan stated that it is his understanding that if the reconstruction were greater than half of the value of the home, then the resident would be required to bring it up to code. Mr. Sedlacek replied that an existing non- conforming structure is regulated by the state as much as it is by the city. Current statute is that a resident can rebuild to the same standards if there is damage to that parcel of 50% or more. COUNCIL COMMENTS Councilmember Vitelli connnented that the mayors' short presentation that was on Patch.corn a few days ago was an excellent way to communicate key activities that are happening in the city and that the mayor did a wonderful job. Councilmember Povolny reminded residents that Saturday is the city cleanup at Mendakota Park. Mr. Sedlacek added that the event starts at 8:00 a.m. and ends at 1:00 p.m. and is May 3, 2011 Page 16 open to Mendota Heights residents only, so please bring your Mendota Heights ID. Cars, pick -ups, and small trailers only are allowed and they will take car tires, furniture, mattresses, scrap metal, old landscaping materials, home remodeling debris /miscellaneous junk, electronics, and bicycles. There is a volume based fee to help offset some of the cost of disposal. They will not take yard waste or items that can be recycled at the curb, commercial or contractor debris, or household hazardous waste. However, please bring the household hazardous waste along because the Dakota County Recycling Zone is just down Dodd Road Also on May 7, 2011 the American Bank will be hosting a community shred event from 9:00 a.m. to 12:00 pan. They are asking for a $5 donation per bag or box to benefit Crime Stoppers. Councilmember Petschel commented that she noticed that the street sweepers were out today in her neighborhood. It was good for her morale to not see the sand from the snow in the street any more. Mayor Krebsbach commended another newspaper that covers Mendota Heights and that is the Southwest Review. One thing they did was to print a correction about Rogers Lake; that the City is not going to require $500 per lot. She also pointed out their story about the Green Sneakers shoe collection drive with the kids from Mendota School. Mayor Krebsbach also commented that the Council will be going into a workshop session before the May 17, 2011 meeting at 5:00 p.m. Chief of Police Michael Aschenbrener stated that Council will be walking through what happens in the event of a major storm or some other problem in the City of Mendota Heights that would require action on their part; going through what the Council's recominendations are. At the following meeting in June the new Emergency Operations Manual will be available for Council approval. Mayor Krebsbach asked the Councilmembers if they wanted to convene at 4:30 p.m. since this exercise will take the full two hours and the regular Council meeting starts at 7:00 pan. It was decided to stay with the 5:00 p.m. start time. May 3, 2011 Page 17 Councilmember Vitelli, after commenting that Council received notification of another emergency planning invitation for the Dakota County, asked Chief Aschenbrener if he recominended that they attend both. Chief Aschenbrener replied that he does recommend attendance at both. Emergency management changed dramatically in September of 2001 and, at that point in time, Minnesota was the national leader in how we did emergency management (Minnesota NIMS) and now NIMS (National Incident Management System) is a national model. Prior to three years ago, there were no requirements for council or elected officials to attend any training. Now the federal government is hoping that council and elected officials will be participatorier in how disasters are handled. Councilmember Duggan commented that Shoreview and Roseville are in competition with Mendota School's Green Sneakers shoe collection drive and requested that the commmunity help and support the school because they are hoping to win a prize. Friday, May 13, 2011 is the deadline. Councilmember Duggan commented that the production of "Annie" at the Children's Theatre has been extended to June 19, 2011. Councilmember Duggan noted that schools in the community are receiving awards and prizes. He commended the teachers and the school district for all of the work they do with the kids. Councilmember Duggan requested that Mr. Sedlacek clarify when, where, etc. in regards to Celebrate Mendota Heights Parks. Mr. Sedlacek replied that the event is scheduled for the first Saturday in June but instead of starting at noon as in the past, it will start at 10:00 a.m. and then go to 1:00 p.m. The 5K Run/Walk will take place that morning at The Village of Mendota Heights, which benefits Minnesota Special Olympics. Councilmember Duggan noted that TK's is also doing their benefit for the West Saint Paul Police Dogs. ADJOURN Mayor Krebsbach adjourned the meeting at 8:24 p.m. Mayor ATTEST: Sandie Thone, City Clerk Klebsbach May 3, 2011 Page 18