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2011-04-19 City Council minutesApril 19, 2011 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 19, 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 pan. The following members were present: Coiu7cilmembers Duggan, Povolny and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. City Administrator McKnight stated item 9b would be pulled fiom the agenda. The agenda was presented for adoption removing item 9b. Councilmember Duggan moved adoption of the agenda as presented removing item 9b. Ayes: 4 Councilmember Vitelli seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on April 5, 2011 with one minor change. Ayes: 4 Councilmember Povolny seconded the motion. Nays: 0 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 s. Adopt a "Resolution Formally Accepting the Receipt of Gifts from Local Businesses to be Awarded to the Mendota Heights Photo Contest Winners" for further review. Mayor Krebsbach noted with regard to item h. Accept the Resignation of Administrative Assistant Mary Hapka, the city has received outstanding service from Ms. Hapka in a part time position in a human resources capacity and we have appreciated her service. Mayor Krebsbach April 19, 2011 Page 2 continued Ms. Hapka is wishing to spend more time with her family and the family business and it is with regret that we accept her resignation. a. Aclaiowledgement of the March 9, 2011 and April 6, 2011 Airport Relations Commission Meeting Minutes b. Acknowledgment of the March 2011 Treasurers Report c. Acknowledgment of the April 2011 NDC4 Meeting Agenda d. Acknowledgment of the March 2011 Building Activity Report e. Acknowledgment of the March 2011 Fire Department Report f. Aclazowledgrnent of a Potential Conflict of Interest Disclosure Review g. Authorization to Finalize Agreements with Performers for Park Events h. Accept the Resignation of Administrative Assistant Mary Hapka i. Approve a Purchase Order with the State of Minnesota Fleet Services for the Purchase of a Used Squad Car and Purchase Order with EATI for Squad Car Set Up j. Approve a Purchase Order with Compar for Two Panasonic Squad Car Laptops k. Approve a Lease Agreement with Versatile Vehicles Inc. for Two Golf Carts 1. Approve a Temporary On -Sale Liquor License for Beth Jacob Congregation m. Approve a Sign Permit for 2331 -2372 Waters Drive (Gateway Commons) n. Approve a Sign Permit for 2360 Pilot Knob Road (U.S. Auto Force) o. Approve Workers Compensation Options for 2011 -2012 p. Approve an Agreement with Jim Loveland for Adult Softball Score Keeping q. Approve the Hiring of Jason Pieper as the 2011 Engineering Intern r. Approve a Joint Powers Agreement with Dakota County for Cost Share Related to the Improvements to Digital Elevation Data s. Adopt a "RESOLUTION FORMALLY ACCEPTING THE RECEIPT OF GIFTS FROM LOCAL BUSINESSES TO BE AWARDED TO THE MENDOTA HEIGHTS PHOTO CONTEST WINNERS" April 19, 2011 Page 3 t. Adopt an "ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF TIIE CITY CODE" (No Parking on Wagon Wheel Trail) u. Approve the Contractors List v. Approve the Claims List Ayes: 4 Coiuzcilmember Vitelli seconded the motion. Nays: 0 ADOPT A RESOLUTION FORMALLY Mayor Krebsbach acknowledged the generosity of local ACCEPTING THE RECEIPT OF GIFTS businesses and asked City Clerk Thone to acknowledge FROM LOCAL BUSINESSES TO BE each contributor. City Clerk Thone stated the city had an AWARDED TO THE MENDOTA outpouring of support from local businesses donating gift HEIGHTS PHOTO CONTEST cards to their businesses and Visa gift cards to be awarded WINNERS to the winners of the City's Photo Contest. City Clerk Thone acknowledged and thanked the following businesses for their donations: The Wine Market Lucky's 13 Pub American Bank Mendota Liquor Tommy Chicago's Pizzeria Axel's River Grille Teresa's Mexican Restaurant The Nature of Beauty Coldstone Creamery TK's Coffee Shop Gateway Bank Councilmember Duggan moved approval to adopt a Resolution Formally Accepting Receipts from Local Businesses to be Awarded to the Mendota Heights Photo Contest Winners. Ayes: 4 Councilmember Vitelli seconded the motion. Nays: 0 PUBLIC HEARINGS KNOLLWOOD LANE Public Works Director John Mazzitello explained NEIGHBORHOOD REHABILITATION after the presentation of the Knollwood Lane PROJECT Neighborhood Rehabilitation Project staff is requesting council approve the resolution Ordering of Improvement Project and Preparation of Plans and Specifications for the Knollwood Lane Neighborhood Rehabilitation. Assistant Ayes: 4 Nays: 0 RESOLUTIOIN ORDERING OF IMPROVEMENT PROJECT AND ( ) PREPARATION OF PLANS AND SPECIFICATIONS FOR THE KNOLLWOOD LANE NEIGHBORHOOD REHABILITATION Ayes: 4 Nays: 0 PUBLIC COMMENTS April 19, 2011 Page 4 City Engineer Ruzek provided a brief outline of the project scope which began with the acceptance of the five year street plan in October of 2010 which identified Knollwbod Lane as one of the rehabilitation projects. The funds necessary for the project in the amount of $19,000 will come from the storm water budget. Mr. Ruzek reviewed the project's schedule after tonight's public hearing with plans coming back to council in early June, open bids in July and begin construction in late July or early August, allowing approximately two months for completion and anticipation of holding the assessment hearing in October of 2011. Mayor Krebsbach opened the public hearing and asked for questions or comments regarding the project. There were none. Councilmember Duggan moved to close the public hearing. Councilmember Vitelli seconded the motion. Colulcilmember Duggan moved approval of a Resolution Ordering of Improvement Project and Preparation of Plans and Specifications for the Knollwood Lane Neighborhood Rehabilitation. Councilmember Vitelli seconded the motion. Julie Weisbecker a teacher at Mendota Elementary School expressed thanks to the council for their support for the district decision to allow Mendota Elementary to remain open. Ms. Weisbecker introduced students from Mendota Elementary School; Laura Skemp, Joseph Julliette and Ellie Elander involved in a project with other students of Mendota Elementary called Green Sneakers. The students thanked the city council and explained the project which is seeking donations of gently used sneakers that will be sent to other countries for those who do not have shoes and stated it will start on April 22, 2011 and go through May 13, 2011. Mendota Elementary will receive some money for their efforts. Green Sneakers cleans the shoes and sends them to developing countries, mainly the Mitumba Industry in Africa. Mendota Elementary is trying to get as April 19, 2011 Page 5 many pounds possible to keep the school open and the winners receive $20,000 for first place, $10,000 for second place and $5,000 for third place and whether they win or not they receive 50 cents per pound of shoes collected. Ms. Weisbecker's students hope is to get the entire community involved and thought the council meeting would be a good way to publicize their efforts. The students asked council for questions. Councilmember Duggan congratulated the three presenters for a job well done in expressing an excellent message and stated he admired the bravery of the students and expressed it is something not easy to do even for adults and stated he is looking forward to supporting them and Mendota Elementary. Councilmember Vitelli inquired where the donated shoes should be brought and when and the students responded the shoes can be dropped off at Mendota Elementary School fiom 7:30 a.m. to 3:30 p.m. on school days between April 25, 2011 and May 13, 2011. Councihnember Povolny inquired if they would like the shoes to be tied together and if the students had thought about keeping track of all of the shoes to which students replied they had not really thought about that but Ms. Weisbecker added she thought it was a good idea. Mayor Kxebsbach expressed her appreciation for the students coining, encouraged the residents to participate and stated her hopes that they would be successfiil and added the event will be posted on the school's website and possibly on Patch.com as they were present at tonight's meeting. The council, staff and audience applauded the presenters; Joseph Julliette, Ellie Elander and Laura Skemp in addition to the cause. UNFINISHED AND NEW BUSINESS RESOLUTION APPROVING A City Administrator McKnight explained the city has been PURCHASE AGREEMENT FOR THE discussing the sale of the old fire hall lot located on Dodd SALE OF THE OLD FIRE HALL LOT Road with David and Suzanne Perkins. Mr. McKnight added the city council received a purchase offer from the Perkins' earlier this year and discussed the terns of the proposed sale at a closed session on March 15, 2011. Mr. April 19, 2011 Page 6 McKnight stated the council instructed the city attorney to work with the Perkins' on the draft purchase agreement and the Perkins have agreed to the proposed changes and the purchase agreements. Mr. McKnight continued the sale price of the property is $50,000 at with a closing date on or before December 1, 2011 and the county currently has the lot valued at $40,300. Mr. McKnight stated the sale is contingent upon the land being rezoned to B2 and the final approval for the project plan in a form satisfactory to the buyer by the Planning Commission and City Council and these decisions will come at a later date and are a separate process after the Perkins submit a planning application for rezoning. Mr. McKnight stated staff is recommending approval of the purchase agreement and opened it up for any questions. Councilmember Duggan commented he was delighted to have someone interested in working with the city to purchase this very difficult piece of property that the city has been trying to sell for some time and put it to a better use in attachment to Fischerville. Councilmember Duggan continued that it would alleviate the parking situation and the eye sore this property has presented for the residents of Fox Place and he commended the Perkins' on the proposed purchase and their help to the city and looked forward to the enhancement of the neighborhood business. Councilmember Povolny expressed he also thought this would be a good move for the city and explained it is somewhat of a historic building in the city and would give residents a place to visit for dinner and lunch. Councilmember Vitelli conciu7ed and stated it is somewhat of a historic site and that the business would remain difficult without adequate parking and selling of this lot would alleviate the parking concerns and he added that he felt the $50,000 was a fair price for the property. Councilmember Vitelli added that this sale is contingent on the Planning Commission and the City Council hearing the plans on the restaurant or pub or whatever is going to being considered proposed but that he supports the sale of the property and the purchase agreement written up by the city attorney. April 19, 2011 Page 7 Mayor Krebsbach stated she does not approve the sale because she stated it is contingent upon the rezoning of the property to B2 and added that her opposition is not due to the fact that she does not feel it would be a great restaurant or pub, her opposition is because she does not feel the site is an appropriate place due to the fact that it would abut residential neighborhoods on two and possibly three sides of the property and feels it will be disruptive to the residents, especially if the business would be open for extensive evening hours. Mayor Krebsbach stated she could see the rezoning of the property to a B 1 or a B 1 A for office space or dental in addition to her concerns that if it became a thriving business there is no center lane for a left hand turn into the business. Suzanne Perkins, the proposed buyer, came before the council and introduced herself and stated she appreciated the opportunity to begin what she hoped would be a successful business opportunity for both the city, themselves and the residents. Ms. Perkins wished to point out there would be benefits to all involved as the city would receive tax benefits fiom the sale and the residents have expressed desire for additional restaurants in the area. Ms. Perkins wished to address Mayor Krebsbach's concerns and make it an easy and viable business going forward and stated they have a track record and are sure they can run a profitable and successful business at the site and feel it will also be a benefit to the neighbors who she keeps abreast of the progress. Ms. Perkins commended the city's staff and stated they have done a marvelous job in working with them thus far in this process. Councilmember Duggan wished to explain the site has been for sale for some time and is currently zoned residential but would not make a very suitable lot for a home and stated the parking for Fischerville has been more than a challenge and he has talked with many of the neighbors who are in support of this process moving forward and stated many of the businesses in Mendota Heights who currently licensed to serve liquor at their establishments close at reasonable hours like 11:00 p.m. and does not see the business as being a problem and he looks forward to seeing the proposed plans for the future and hopes the city will support the approval of the business. April 19, 2011 Page 8 Councilmember Duggan moved to approve a resolution Approving a Purchase Agreement for the Sale of the Old Fire Hall Lot. Ayes: 3 — Duggan, Povolny, Vitelli Councilmember Povolny seconded the motion. Nays: 1 - Krebsbach 2010 CENSUS INFORMATION City Administrator McKnight shared the results of the 2010 Census stating the population of Mendota Heights was 11,071, down 363 residents or 3.2% from the 2000 population of 11,434. Mr. McKnight added that Dakota County increased from 355,904 in 2000 to 398,552 in 2010 and that all Dakota County's cities increased their population during this time with the exception of Mendota Heights. Mr. McKnight added Minnesota as a whole increased its population from 4,919,479 in 2000 to 5,303,925 in 2010, a growth rate of 7.8% for the decade. Councilmember Duggan stated we have many joint powers agreements that are created using population to assess financial obligations of the city and he stressed we should be looking at our JPA's and following up to ensure we are being assessed appropriately due to our decrease in population in addition to the projected population increase of 566 by Met Council which equates to an even greater difference of over 900. Councilmember Duggan stated we need to look closer at these projections and take steps looking forward to 2020 and where the growth would potentially come from and stated Mendota Heights is a desirable commumity but has only a limited amount of opportunities and may not be affordable for some and noted the community has kept their property values, the safety of the city and the quality of its streets. Mayor Krebsbach stated many residents in Mendota Heights have lived here for a significant number of years and many residents are now empty nesters and sees the trend as eventually turning back around and expressed there is affordable housing in all ranges in the city. Mayor Krebsbach expressed the city has approximately 4500 households and concurred with Councilmember Duggan that as our population has decreased we should be looking at our financial agreements based on these projected and real figures. April 19, 2011 Page 9 Councilmember Duggan added that he feels we have preserved our niche in the community and also sees younger families moving into the area. Mayor Ki ebsbach stated the canvassing done by the three council members last fall proved the community is thriving with young professionals, young families and empty nesters. Cotuncilmember Vitelli concurred with the Mayor that like them many of his neighbors were also empty nesters and saw this as one of the possible reasons for the decline in population. REQUEST FOR RE- •AUTHORIZATION Mayor Krebsbach noted this was an item presented at the TO SEEK PROFESSIONAL SERVICES previous meeting and discussed at length looking at ten FOR STORMWATER TREATMENT ponds and the consensus was to bring the item back POND ASSESSMENT to a special work session which was conducted on April 11, 2011. Public Works Director Mazzitello stated per council's recommendation from the special work session the RFP has been brought back to allow for three ponds to be assessed and provide an opinion on methods of improving the performance of the three ponds identified with regard to water quality not aesthetics. Public Works Director Mazzitello noted Cou ncihmember Vitelli's concerns were being addressed so that the terminology in the future proposal made by the consultant contain recommended treatment and not necessary improvements in addition to answering the following questions of each of the ponds: 1) How much treatment is being provided to the pond? 2) What improvements are necessary to the pond in order to provide efficient treatment? 3) Are there any alternatives to make necessary improvements more economical? 4) What will necessary improvements and alternatives cost to implement? 5) How much treatment should be expected once the improvements are completed? Public Works Director Mazzitello indicated the three ponds included in the proposal are Copperfield, Burrows and Park Place and staff would recommend council re- authorize approval to seek RFP for professional services to assess the three ponds. April 19, 2011 Page 10 Councilmember Duggan proposed we send a letter notifying all property owners around the proposed ponds of the project and also ask of them to participate, work with us and to educate themselves to better understand how they can help to preserve and maintain the ponds to ensure the future success of the ponds. Councilmember Duggan raised concerns that if we move forward initially treating the ponds we do not want to get into a situation where we have to perform this year after year for every pond and he would like to see the residents contributing and caring for theirs as well. Councilmember Povolny stated it would be nice to educate the residents by way of the Heights Highlights city newsletter to which Public Works Director Mazzitello responded it is his intent to have a complete page dedicated to the subject in the spring /summer edition of the newsletter of how our residents can better care for the ponds and help to reduce the maintenance needs of these stormwater ponds and stated as Councilmember Duggan stated it is not just the residents living around the ponds but all residents in the city that play a part of keeping them flee of debris and disposing properly of yard waste because every piece of property in the city drains somewhere. Mayor Krebsbach concurred with Councilmember Duggan that it would be good to notify the residents but stated we would hold off on any formal meetings until after the results of the study were reviewed. Councilmember Duggan reiterated as he is certain the residents value these ponds and wishes to see contributions and maybe even some sort of association formed for the 51- 52 residents identified as living around these ponds. Mayor Krebsbach concurred with Couuncilmember Duggan and stated we would let residents know that there would be some cost sharing expected fioim them at some point in the process. Councilmember Vitelli inquired about the cost of the project and suggested reducing the target cost of $35,000 to $10,000 to which Mayor Krebsbach responded the cost of $35,000 was related to the proposal of assessing ten ponds and the new proposal is for three ponds. Public Works April 19, 2011 Page 11 Director Mazzitello stated the proposal is expected to be. less but as we reduce the number of ponds.the cost per pond does increase and he expects the final cost to be between $10,000 and $15,000 and will know more when the proposals are submitted at which time staff will make a recommendation for council to review and approve. Mayor Krebsbach noted that the record will show council's view on the cost of the project shall not exceed $15,000. Mayor Krebsbach thanked the council for clearing their calendars to make room for the special meeting to discuss the stormwater pond project. Councilmember Vitelli moved approval of the Re- Authorization to Seek Professional Services for Storwater Treatment Pond Assessment, Necessary Improvement Identification and Improvement Cost Estimation. Ayes: 4 Councilmember Duggan seconded the motion. Nays: 0 2011 CONSTRUCTION Public Works Director Mazzitello presented 2011 Minnesota Department of Transportation and PROJECT UPDATE Dakota County street projects for the area for 2011 at the request of Councilmember Vitelli. Mr. Mazzitello stated the projects include the following: 1) Highway 55 and Mendota Heights Road Intersection Improvements Project Completion in May 2) Highway 13 Pavement Repair and Guardrail Installation in May or June 3) I -35 and Highway 13 Interchange Ramp Traffic Signal Installation in late July and early August, the first phase of a three phase project. Public Works Director Mazzitello stated the plan over the course of the next four years is to re -do Highway 13 beginning with the traffic signals, then the bottom of the hill in Mendota, reconstructing Highway 13 and adding storin water drainage and a treatment pond, and in 2015 reconstructing Highway 13 from Mendota up the hill to 35E including storm sewers and shoulders, adding at least one shoulder to the side of the highway. Mayor Krebsbach requested additional information including whether the road would be widened and some of the bluff lost due to this project to which Public Works April 19, 2011 Page 12 Director Mazzitello responded he would invite the project manager to speak to coiulcil regarding the details of the project at a later date possibly in May. Councilmember Vitelli called this a project looking for a problem and stated he felt the project was a waste of money and will only slow down traffic by adding the stoplight. Mayor Krebsbach asked if Lilydale requested the stoplight to which Mr. Mazzitello stated he would refer that question along with the others to the project manager. Councilmember Duggan stated it really has not been that long ago that the area was totally re -done including the bridge and he noted it did not seem like much had changed in the way of traffic since that time and asked if the project manager would address the traffic counts for the past and current periods and council concurred they would like to understand the decision to move forward with this project and the details that precipitated the decision. 4) I -35E Pavement Repair, Replacement and Resurface fiom Lone Oak Road to Highway 5 beginning in August and all of the work will be done at night to alleviate traffic issues. 5) Highway 149 Pavement Repair and Sealcoat from Highway 110 to north of Marie Avenue begim-iing in October adding a left hand turn into Sibley High School Councilmember Duggan asked that staff please make this available on our website for resident's informational purposes. Councilmember Vitelli noted there is a safety concern with the right turn entrance into Mendota Plaza near Walgreens and in addition there is a planter that impedes your view and encouraged staff to discuss the issue with the Paster Enterprises to which Public Works Director Mazzitello stated he would follow up with. Councilmember Duggan stated many of his acquaintances feel the same way about the safety of the area and added that the signage near McDonald's seems inadequate. Mayor Krebsbach asked for council to be updated on the progress going forward on this issue to which City Administrator McKnight responded he spoke with Mr. Henk of Paster Enterprises that afternoon and Mr. Henk April 19, 2011 Page 13 would be responding to the safety concerns of the area and Mr. McKnight assured council he would keep them apprised. COUNCIL COMMENTS Councilmember Duggan noted the fire department is looking for firefighter volunteers and stated we are very proud of our fire department and they do a fabulous job. Councilmember Duggan encouraged anyone interested to contact City Hall. Councilmember Duggan wished to inform everyone of this year's clean -up day on May 7, 2011 from 8 a.m. to 1:00 p.m. for residents of the city to get rid of everything except toxic items and referred to Mr. Sedlacek for further details. Assistant to the City Administrator Sedlacek stated the annual Spring Clean -Up will be held at Mendakota Park and will accept all kinds of rubbish, scrap metals electronics and furniture. They will not accept construction materials, recyclables that can be recycled at your club or hazardous household chemicals or waste and included American Bank, will be holding a shredding event at the bark from nine to noon on the same day, May 7, 2011. Please bring hazardous waste to the Dakota County Recycling Zone. Councilmember Duggan stated St. Thomas Academy is celebrating 125 years of existence and has been in the community since 1965 and he would like to send a resolution to St. Thomas Academy sometime in the near future to acknowledge what an asset it has been to the .. community and their contributions. Councilmember Duggan wished blessings to all celebrating Passover and Easter and noted this Friday is Earth Day. Councilmember Povolny commented it is hard to follow Councilmember Duggan because he covers so much and does such a great job. Councilmember Vitelli stated he had been invited to the opening night of the performance Annie at the Children's Theatre and commended the performance saying it was outstanding and stated the theatre is a tremendous asset we have in our community and encouraged people to attend. ATTEST: ` t Sandie Thone City Clerk April 19, 2011 Page 14 Mayor Krebsbach noted performing now at the Guthrie in Arms and the Man is a Visitation graduate and encouraged residents to attend. Mayor Krebsbach encouraged all residents to take advantage of Spring Clean -Up Day and the Dakota County Recycle Zone and also extended a blessing for all of those celebrating Easter and Passover. Mayor Krebsbach wished to extend sympatlues for the family of Joseph Kennedy from Inver Grove Heights who was killed in Afghanistan on his first deployment and stated we all feel a great sense of sympathy for the family and comin- unity. Mayor Krebsbach adjourned the meeting at 8:16 p.m. Mayor