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
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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
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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
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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
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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
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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
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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
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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