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2016-03-03 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, March 3, 2016 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, Petschel, and Norton. Absent: Councilmember Povolny. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Norton moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) 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 a.) Approval of February 16, 2016 Council Minutes; h.) Adopt Resolution 2016-12, Designation of Municipal State Aid Streets; j.) Approve Purchase Order for Street Sweeping; k.) Adopt Resolution 2016-20, Call for Public Hearing on MnDOT Highway 110 Rehabilitation Project and Request Local Government Approval; and 1.) Approval of Right -of -Way License Agreement for Rogers Lake Property Owners Association. a. Approval of February 16, 2016 City Council Minutes b. Approval of February 16, 2016 City Council Workshop Minutes c. Approval of February 17, 2016 City Council Special Meeting Minutes *Councilmember Duggan abstained on items a, b, and c d. Acknowledgement of February 10, 2016 Airport Relations Commission Minutes e. Acknowledgement of February 23, 2016 Planning Commission Minutes f. Adopt Resolution 2016-17, Extend Sprint Nextel Cell Tower Lease g. Adopt Resolution 2016-18, Acknowledging Sale of Surplus Equipment March 3, 2016 Mendota Heights City Council Page 1 h. Adopt Resolution 2016-12, Designation of Municipal State Aid Streets i. Denial of a Street Light Installation at Victoria Road and Douglas Road j. Approval of a Purchase Order for Spring Street Sweeping k. Adopt Resolution 2016-20, Calling for a Public Hearing on the MnDOT Highway 110 Rehabilitation Project and Request for Local Government Approval 1. Approval of a Right -of -Way License Agreement for the Rogers Lake Property Owners Association to provide Landscaping Along Wagon Wheel Trail m. Acknowledgement of January 2016 Fire Synopsis n. Approval of January 2016 Treasurer's Report o. Approval of Claims List Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) PULLED CONSENT AGENDA ITEM A) APPROVAL OF FEBRUARY 16, 2016 CITY COUNCIL MINUTES Councilmember Petschel noted a correction to be made to the February 16, 2016 City Council Minutes. It was mistakenly reported that she has served for the last year and half on the Noise Oversight Committee (NOC); it should have read that she has served for the last five years and chaired for the last year and a half. Councilmember Petschel moved to approve the February 16, 2016 City Council Minutes as amended. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 1 (Povolny) Abstain: 1 (Duggan) H) ADOPT RESOLUTION 2016-12, DESIGNATION OF MUNICIPAL STATE AID STREETS Public Works Director John Mazzitello explained that as part of Mendota Height's street network, the City is allowed to designate a certain percentage of its streets as `municipal state aid streets' (MSA), provided they meet certain criteria. Mendota Heights is allowed to designate up to 20% of its road network as Municipal State Aid streets provided they meet this criteria. Staff has reviewed the mileage for the coming year with the addition of Lemay Shores Avenue, which allowed staff to add Center Point Curve to the MSA system (the frontage between Lexington and Highway 13 on the south side of Highway 110). Councilmember Duggan moved to adopt Resolution 2016-12, ESTABLISHING MUNICIPAL STATE AID STREETS. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) March 3, 2016 Mendota Heights City Council Page 2 J) APPROVAL OF A PURCHASE ORDER FOR SPRING STREET SWEEPING Councilmember Petschel asked for clarification on taking the lowest bid if the City feels they have been an underperformer in the past. Public Works Director Mazzitello replied that the contract this year is very specific; the company is required to provide four street sweepers, they have to complete the work within a specified timeframe. There are also penalties written into the contract. Staff is comfortable working with the low bidder again this year given the conditions of the contract. Councilmember Duggan asked for the contributing factors for significant increase in the cost. Mr. Mazzitello replied that the proposal asked the contractors to bid for a total of 240 hours. It actually took 172 hours to do the work last year. Since the City is going to be billed by the hour, the total cost of the street sweeping should be lower than what was bid. Councilmember Duggan moved to authorize a purchase order to Pearson Bros, Inc. for the 2016 street sweeping contract. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) K) ADOPT RESOLUTION 2016-20, CALL FOR PUBLIC HEARING ON THE MNDOT HIGHWAY 110 REHABILITATION PROJECT AND REQUEST FOR LOCAL GOVERNMENT APPROVAL Public Works Director John Mazzitello explained this resolution calls for a public hearing to be held on April 5, 2016, which is part of the requirements of the Highway110 rehabilitation project. If any access changes will be made to the highway, then MnDOT needs to receive municipal consent from the City Council. One of the accesses being considered for closure is the right in/right out at SuperAmerica. Mr. Mazzitello stated that the modifications planned for the entrance into the Crown Point subdivision are in the median, so that will not be a part of the discussion. The right in/right out at Mendota Plaza will be driven by the next phase of the Mendota Plaza development. Mayor Krebsbach asked if the Council could object if it so chose. Engineer Mazzitello replied that there would be three options presented on April 5, 2016: to grant municipal consent; to abstain from municipal consent (not giving approval but not denying it either); or deny municipal consent. Councilmember Duggan requested that staff notify the businesses that would be impacted by the loss of the right in/right out. Mr. Mazzitello noted that the Department of Transportation had extensive conversations with the businesses that will be impacted by the construction project. Councilmember Duggan moved to adopt Resolution 2016-20, CALLING FOR PUBLIC HEARING ON MN DOT PROJECT TO REHABILITATE TRUNK HIGHWAY 110 AND REQUEST FOR LOCAL GOVERNMENT APPROVAL. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) March 3, 2016 Mendota Heights City Council Page 3 L) APPROVE RIGHT-OF-WAY LICENSE AGREEMENT FOR THE ROGERS LAKE PROPERTY OWNERS ASSOCIATION TO PROVIDE LANDSCAPING ALONG WAGON WHEEL TRAIL Councilmember Petschel noted that there has been an issue in the past with the DNR not limiting fishing at the culvert. This landscape plan, with the new plantings and the fencing around it, is going to constructively eliminate fishing at the culvert. She asked what the City's position is on that issue. Public Works Director Mazzitello replied that in the past staff has requested that the DNR put up signs to prohibit fishing at the culvert because of the public safety concern. The project that the Association is proposing would inhibit the ability to fish at the culvert but would not eliminate it. The hope is that by directing people to the fishing pier at Rogers Lake Park during the construction of the landscape improvements, the practice would remain after the plantings are completed. Mayor Krebsbach asked about the duration of the license. Engineer Mazzitello replied that the duration of this license would be at the City's discretion. Mayor Krebsbach then stated that she would like to see a renewal date in the agreement and she would like to see the landscaping plan. Councilmember Duggan moved to table the license agreement with the Rogers Lake Property Owners Association to the March 15, 2016 City Council Meeting to allow for staff to include a renewal date in the agreement and to provide the landscaping plan. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) PUBLIC COMMENTS Mr. Art Mulvihill, 1154 Orchard Place, stated that when the new street was put in, it was lowered, which gives him struggles to get in his driveway. He asked why the grade of the street was changed and requested that it be put back to the original grade. The street includes a surmountable curb and gutter. He has never had a drainage problem on his property until 1993 and he requested the City Council to take care of it. Mayor Krebsbach noted that staff and Council are aware of this issue. City Attorney Andrew Pratt agreed to work with Public Works Director John Mazzitello to try and resolve this issue. PRESENTATIONS A) RECOGNITION OF PLANNING COMMISSIONER VIKSNINS Mr. Ansis Viksnins, who served on the Planning Commission from 2007 to 2016, was recognized for his service to the City of Mendota Heights. Mayor Krebsbach and Planner Nolan Wall presented Mr. Viksnins with a plaque expressing the City's appreciation. March 3, 2016 Mendota Heights City Council Page 4 B) FUTURE CITIES COMPETITION — FRIENDLY HILLS MIDDLE SCHOOL TEAM PRESENTATIONS Public Works Director John Mazzitello and Friendly Hills Middle School Teacher Ms. Crystal Mielke introduced the teams from Friendly Hills Middle School who participated in the Future Cities Competition, sponsored by the American Society of Civil Engineers. This year's theme was "Waste Not, Want Not" and challenged the students to effectively handle solid waste in their City, utilizing the four R's (Reduce, Reuse, Recycle, and Rot). Each team was asked to name three aspects of their city. The teams that presented included: • Team Viva El Paco -located in the rainforest in Costa Rica, the year is 4242, energy is provided by burning waste, which powers an electromagnetic turbine, transportation is by gondolas and bridges, uses automated tube system to sort the trash • Team Oceanside Villa - the city is floating above the ocean, uses a system which has tubes coming down from the city, sucking up the water from the ocean and pushes the city up into the air, one way of disposing of waste is by using mealworms, dead beetles are burned for energy, also use partacra cycling, using the Law of Conservation of Mass • Team Ways Willow - located off of the coast of Brazil, under water with a dome, use a bio - energy transit machine (BETM), which burns waste and turns it into energy for the city, in case of a breakdown in the BETM there is a waterwheel that can be used, which is another energy source, the waterwheel uses the current from the ocean water outside of the dome, sewage goes into the agricultural building and is used as fertilizer C) ROGERS LAKE WATER QUALITY REPORT — ST. THOMAS ACADEMY Mr. Tony Kinzley, Advanced Placement Environmental Sciences Instructor, introduced students from St. Thomas Academy to present their findings of the fall 2015 Chemical Assessment of Rogers Lake. The trend over the years shows that Rogers Lake is healthy and continues to get healthier. The last three years has been some of the lake's healthiest years on record. The three areas to watch are biochemical oxygen demand, phosphates, and total solids. Councilmembers asked questions regarding how the samples sites are tested, if the numbers are averaged, and what possible changes could be seen with the implementation of the landscaping plan discussed earlier in this meeting. D) NDC4 — PROPOSED CENTURYLINK CABLE TELEVISION FRANCHISE ORDINANCE Assistant to the City Administrator Tamara Schutta explained that on February 23, 2016, NDC4 adopted a resolution recommending that each member city grant a cable franchise to CenturyLink. She then introduced NDC4 Executive Director Jodie Miller and Brian Grogan, legal counsel for NDC4, to provide a presentation of the draft franchise ordinance and agreement. March 3, 2016 Mendota Heights City Council Page 5 The seven member cities include Inver Grove Heights, Lilydale, Mendota, Mendota Heights, Sunfish Lake, South St. Paul, and West St. Paul. Ms. Miller stated that the Cable Commission has been working with CenturyLink on the possible granting of a cable franchise in the seven -city area. The role of NDC4 Cable Commission is to bring the recommended ordinance before each city council for their consideration. Mr. Brian Grogan, an attorney with Moss & Barnett, provided a presentation to the Council explaining the Federal Cable Act, the background on the Comcast franchise, a background on CenturyLink, the proposed franchise term, the system build out plan, the PEG Channels, and the NDC4 staff and legal counsel recommendation. The recommendation of the Cable Commission was to approve the franchise ordinance as drafted. A public hearing on this franchise ordinance is scheduled for the March 15, 2016 City Council meeting. No items scheduled. PUBLIC HEARING NEW AND UNFINISHED BUSINESS Councilmember Petschel moved to amend the agenda by acting on item 9B before item 9A. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) B) RESOLUTION 2016-19, GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO MARCH 31, 2017 Assistant to the City Administrator Tamara Schutta explained that NDC4, who manages the current Comcast franchise, extended the franchise agreement last year with a deadline of March 31, 2016. Because NDC4 is still in negotiations with Comcast, they have asked the City to extend the franchise agreement to March 31, 2017. Councilmember Duggan recommended a small grammatical amendment to the resolution. Councilmember Duggan moved to approve Resolution 2016-19, GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO MARCH 31, 2017 as amended. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) March 3, 2016 Mendota Heights City Council Page 6 A) ORDINANCE 491, CONCERNING DEFINITIONS AND INDUSTRIAL DISTRICT USES, PLANNING CASE 2016-04 Planner Wall explained the proposed amendments to Title 12, Chapter 1, Articles B and G of the City Code concerning definitions and industrial district uses. The City finalized the Industrial District Redevelopment Plan and is proceeding with implementing several recommendations that were included in that plan. The Planning Commission held a public hearing at their meeting in January and again in February. Their proposed recommendations were encompassed in the draft ordinance being presented. Planner Wall reviewed each section of the proposed ordinance and received suggestions and comments from Councilmembers. Under Title 12 -1G -1-A: Permitted Uses, Mayor Krebsbach stated she opposes adding "governmental buildings and structures" as a permitted use to address the existing public works garage. She recommended using "municipal buildings and structures". Councilmember Petschel concurred. Mayor Krebsbach stated she opposes the change proposed for the "trade schools, colleges, and universities permitted use" and would like to see it designated as a conditional use or not allowed in the Industrial District. Councilmember Petschel stated she would like to leave schools as stated in the proposed ordinance. Councilmember Norton stated the issue of allowing or not allowing schools in the Industrial District is a topic that should be discussed at a Council workshop. Mayor Krebsbach recommended removing the paragraph related to Massage Therapy Services for purposes of a teaching program as a conditional use, since there is no need to call out a specific program. Councilmembers Norton and Petschel recommended discussing the school use issue at a workshop meeting. Councilmember Petschel inquired about a fast food restaurant being incorporated inside a motor fuel station convenience store. Planner Wall stated it would potentially be allowed if it is incorporated inside a convenience store. Councilmember Duggan moved to adopt ORDINANCE 491 CONCERNING DEFINITIONS AND USES IN THE INDUSTRIAL DISTRICT with three minor non -substantive changes as discussed. Councilmember Norton seconded the motion. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 (Povolny) COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • March 9th is the Airport Commission Open House at 7:00 p.m., which will be broadcast. MAC and FAA will be on hand to talk about noise issues, airport development, and other questions residents may have. • The latest Heights Highlights newsletter has recently been delivered to residents. • Summer recreation programs are now listed on-line and registration will begin March 14, 2016. March 3, 2016 Mendota Heights City Council Page 7 COUNCIL COMMENTS Councilmember Petschel noted that she, Councilmember Norton, Chief of Police Michael Aschenbrener, and Assistant to the Administrator Tamara Schutta attended a program through Dakota County on the management of local emergencies and disasters and what the role of elected officials is in those cases. She also mentioned the issue of Delta Airline's direct flights to Tokyo being in jeopardy. Councilmember Duggan wished everyone a Happy St. Patrick's Day. He also mentioned that on Easter Monday in 1916, Ireland decided to push England out of Ireland; known as a rising. Almost 100 years later Ireland is doing OK. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) Mayor Krebsbach adjourned the meeting at 9:19 p.m. n• ra Krebsbach Mayor ATTEST: Lorri Smith City Clerk March 3, 2016 Mendota Heights City Council Page 8