2012-10-16 City Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 16, 2012
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. Councilmember Duggan moved adoption of the
agenda.
Councilmember Vitelli seconded the motion.
Ayes: 5
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 items A)
Acknowledgement of October 2, 2012 City Council Minutes and C) Approval of Resolution Supporting
2013 -17 Dakota County Capital Improvements Plan.
a. Acknowledgement of October 2, 2012 City Council Minutes
b. Acknowledgement of October 9, 2012 Parks and Recreation Commission Minutes
c. Approval of Resolution Supporting 2013 -17 Dakota County Capital Improvements Plan
d. Approval of 2013 LMCIT Insurance Renewal
e. Receipt of September Fire Synopsis Report
f. Receipt of September Par 3 Report
g. Approval of Change Order #1 for Lemay Lake Road Neighborhood Street Improvement Project
h. Approval of Final Payment for Public Works Garage Roof Repair
i. Approval of Contractors List
j. Approval of Claims List
October 16, 2012 Mendota Heights City Council Page 1
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
CONSENT AGENDA TOPIC
A) ACKNOWLEDGEMENT OF OCTOBER 2, 2012 CITY COUNCIL MINUTES
Councilmember Duggan made note of an error in the October 2, 2012 City Council Minutes, under
Planning Case 2012-29, which was rectified.
City Administrator Justin Miller also clarified a comment made by a resident that meant to say barrier
curb.
Councilmember Petschel moved to Approve the Acknowledgement of October 2, 2012 City Council
Minutes as corrected.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
C) APPROVAL OF RESOLUTION SUPPORTING 2013-17 DAKOTA COUNTY CAPITAL
IMPROVEMENTS PLAN
Mayor Krebsbach asked how much of the approximately seven million dollar expenditure is related to
( ) Mendota Heights projects. City Engineer John Mazzitello replied that under the 2013 Transportation
Capital Improvement Program the City of Mendota Heights is receiving some trail overlays, the median
crosswalk project on Lexington Avenue, and the traffic signal replacement on Lexington and Highway
110. The City has also received the requested funds for 2015 for the County to cover that portion of
stormwater payment from Lexington Avenue right-of-way for the Highway 13 reconstruction project.
City Engineer Mazzitello stated that he would get the dollar figures requested and update the
Councilmembers.
Mayor Krebsbach asked for confirmation that City Engineer Mazzitello is part of the process and has
input on what gets approved. City Engineer Mazzitello confirmed that the City is involved in the
process.
Councilmember Duggan commented that the total expenditures in this program of Capital Improvements
in Dakota County for the five years stated are approximately $173M. The City is approximately .01%
of that. Councilmember Duggan believes that the City of Mendota Heights should be better represented
as there are other county roads in the city that need a lot of work. Dakota County needs to be made
aware that the City would be coming forward with programs that hopefully would be accepted for this
program.
Councilmember Duggan moved to Approve Resolution Supporting 2013-17 Dakota County Capital
Improvements Plan with the actions taken that he proposed.
Councilmember Vitelli seconded the motion.
October 16, 2012 Mendota Heights City Council Page 2
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
PUBLIC HEARING
A) LEMAY LAKE ROAD NEIGHBORHOOD STREET IMPROVEMENT
PROJECT ASSESSMENT HEARING
Assistant City Engineer Ryan Ruzek explained that this is a public hearing for consideration of the
special assessments for the Lemay Lake Road Neighborhood Improvement Project. The project was
approved by the City Council on May 15, 2012 and consisted of reconstructing the Lemay Lake Road
from Mendota Heights Road to Highway 13, Lakeview Avenue, Kendon Lane, Furlong Avenue, and
Victory Avenue. The street reconstruction included construction of a storm sewer system, grading for a
proposed stormwater pond, concrete curb and gutter, aggregate base, bituminous surfacing, and a
bituminous trail on Mendota Heights Road from Highway 55 to Lemay Lake Road, hydrant
replacement, and adjustments.
The commercial properties along Lemay Lake Road were given a linear foot assessment of $54.11 per
foot. The residential properties were assessed at a per unit assessment cost of $6,953.35. The total
construction costs for the project was $1,331,170.60.
Assistant City Engineer Ruzek explained that the pond was constructed only for the drainage along
Lemay Lake Road. It was built such that if the city does develop the city -owned land in this area that
this pond could be expanded to service that parcel as well.
Councilmember Duggan asked why there were different assessment dollars. Assistant City Engineer
Ruzek replied that there was an assessment reduction to several properties. Three properties constructed
their driveways independently from the project and two properties were given credits for stormwater
easements they granted to the city.
Councilmember Duggan expressed concern about damage to the new road in relation to the new
construction in the development. Assistant City Engineer Ruzek stated the road is designed to a nine ton
standard and should be able to handle all of the vehicle and construction traffic. Councilmember
Duggan asked if the city could have an engineer assess of the condition of the road before and after
construction. Assistant City Engineer Ruzek replied that this has not been done; however, it would be
an easy walk- through with the contractor to agree on the condition of the streets before any construction
would start.
Mayor Krebsbach asked what the percentage would be that the City would be contributing to this
project. Assistant City Engineer Ruzek replied that the final numbers are not in yet, but he believes that
the City is anticipating picking up eighty percent of this project.
Mayor Krebsbach opened the public hearing.
October 16, 2012 Mendota Heights City Council Page 3
As there were no questions or comments from the public, Councilmember Duggan moved to close the
public hearing. Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan moved to Approve Resolution Adopting and Confirming Assessments for the
Lemay Lake Road Neighborhood Street Improvement Project 201105.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach asked Finance Director Kristen Schabacker to explain how residents could pay their
assessments. Finance Director Schabacker explained that a letter would be sent to the residents with
their assessment amount. The resident would have thirty days to pay their assessment at City Hall, and
after thirty days, the unpaid assessment would be certified to their property tax.
UNFINISHED AND NEW BUSINESS
A) HUNTER/ORCHARD NEIGHBORHOOD STREET IMPROVEMENT PROJECT
As this public hearing was closed at the last Council meeting, Mayor Krebsbach asked if there was
anyone in the audience who had any new information they wished to present to the Council. There were
no new comments or questions from the audience.
Councilmember Duggan asked if the survey conducted by the residents could be introduced to the
Council. Mayor Krebsbach asked if the residents wished to present the survey. Mayor Krebsbach also
explained that it was actually a petition with a proposal that was agreed to by those who signed.
Mr. Scott Van, 1870 Hunter Lane, explained that the petition came as a result of conversation after the
last meeting. Four points were agreed upon, the official petition was created, the neighborhood was
canvassed, and the petition was delivered to City Hall. The petition was signed by thirty -five out of
forty properties. The residents believe it addresses all of the major concerns.
The four points outlined on the petition were:
1. Twenty -eight foot wide streets
2. No bump outs
3. Surmountable curb where possible and barrier curb where necessary
4. Parking allowed on one side of the street
Mr. Tim Murphy, 1916 Hunter Lane, asked for clarification as to street width on Hunter Lane. Mayor
Krebsbach replied that this would be decided at this meeting.
Mayor Krebsbach asked City Engineer Mazzitello to walk through the materials provided by staff.
Mazzitello answered that after the public hearing had been closed at the last meeting Council provided
staff with their opinions, which were summarized in the packet, with respect to street width and curb
type. There were a number of items Council agreed upon:
October 16, 2012 Mendota Heights City Council Page 4
1 Remove the proposed bump outs so there would be no alteration in the curb width other than at
points with transition
2. There would be no change in road width at the ninety degree curb that connects Hunter Lane and
Orchard Place
3. The Culligan Lane East reconstruction would be reconstructed to thirty feet wide to match the
existing width of Culligan Lane West
With respect to street width, the engineering standard for a minimum street width to accommodate
parking on both sides of the street is thirty feet. A width of twenty -eight feet could support parking on
one side only. A width of twenty -seven feet would not support on- street parking which is consistent
with public safety's input.
City staff also reviewed curb types and, in keeping consistent with city's policy, staff recommends
barrier curb throughout the entire project for the following reasons:
1. Easier to plow
2. Handles stormwater drainage far better than surmountable curb does. Staff has not yet run their
stormwater calculations as part of the street design because that happens after the project is ordered.
3. Provides a measure of public safety in being able to keep vehicles in the roadway
4. Has a longer life span as it is damaged less through the life of the road
5. Barrier curb will be needed in some places on this project as a matter of drainage issues and to have
a consistent curb type throughout this project, staff is recommending the barrier curb type
Councilmember Petschel asked for clarification that the speed of the water coming downhill on Hunter
Lane would be included in the stormwater calculations. City Engineer Mazzitello confirmed that this
would be included.
Mayor Krebsbach asked for an indication of where staff anticipates catch basins to be installed. City
Engineer Mazzitello replied that could not be ascertained at this time.
Councilmember Duggan asked which house number is at the crest of the hill at Hunter creating the flow
south versus the flow north. City Engineer Mazzitello replied that the house number is 1880, beginning
at approximately the north end of the driveway.
Mayor Krebsbach asked what the recommendation would be for a street width on Culligan going south,
beginning at Victoria Curve, if on- street parking were restricted to one side of the street. City Engineer
Mazzitello answered that if parking were restricted to one side of the street, the ideal dimension would
be thirty feet. Since they would be doing twenty -eight on the rest of Hunter, they could do twenty -eight
all the way through. He believes that thirty-six feet is the existing width of Victoria.
Councilmember Petschel asked for clarification on parking when the synagogue is meeting. The reply
was there is currently parking on only one side of the street.
Mayor Krebsbach commented that the synagogue has not made any requests in regards to the on- street
parking or the width of the street. The petition and the understanding is that the same width would carry
all of the way to Victoria. City Engineer Mazzitello stated that the staff recommendation is parking on
both sides of the street throughout; twenty -nine feet north of Culligan, thirty -six feet south of Veronica.
October 16, 2012 Mendota Heights City Council Page 5
Mayor Krebsbach asked if the staff recommendation is that the parking stops at the synagogue. City
Engineer Mazzitello replied in the affirmative; staff could taper their recommendation back so the thirty -
six foot width would stop at the edge of the synagogue property.
Councilmember Vitelli moved to the accept staff's recommendation and approve the resolution ordering
the project as presented.
Councilmember Petschel seconded the motion.
Additional discussion and clarification on street widths and types of curb ensued to make sure that all
stoiniwater drainage issues had been addressed.
Mayor Krebsbach called for the vote.
Ayes: 3
Nays: 2 (Duggan, Krebsbach)
Since the motion requires a fourth fifths majority, the motion did not pass. Mayor Krebsbach asked
Council member Duggan to make a motion..
Councilmember Duggan moved to approve the resolution ordering the project with the following
conditions:
1. Twenty -nine foot consistent roadway widths for Hunter Lane and Orchard Place north of Veronica
and Culligan Lane intersection
2. Thirty-six foot width from Veronica and Culligan Lane intersection south to the Beth Jacob
Congregation property line
3. Street width would remain at twenty -nine feet wide through the ninety degree curve connecting
Hunter Lane and Orchard Place and in keeping with the twenty -nine foot consistent street width,
there would be no bump outs either
4. A mixture of barrier curb and surmountable curb throughout the project as outlined on the minimum
barrier curb map provided by staff, with the understanding that the recommended amount of barrier
curb may increase as the project moves forward
Mayor Krebsbach seconded the motion.
Further discussion, comments, and questions were made by the Councilmembers in relation to the
barrier curb versus surmountable curb. Councilmember Petschel expressed her willingness to
compromise as long as the drainage issues were resolved. However, she also wanted to ensure that
everyone knew that surmountable curbs would require additional catch basins, making the project more
costly. Funds for storm sewer, including catch basins, come out of the stormwater utility fund, which is
paid for out of every resident's utility bill. City Engineer Mazzitello confirmed this point and also
pointed out that the barrier curb estimates were included in the current project cost estimates.
Ms. Carol Adams, 1991 Hunter Lane, commented that she had proposed the wider street to
accommodate the synagogue parking. However, she certainly does not want the water rushing down the
October 16, 2012 Mendota Heights City Council Page 6
hill and then a bump out at her property. If the street is going to be narrowed, then she requested it be
made consistent all of the way to Victoria Curve.
After discussion, Councilmember Duggan amended his motion and moved to approve the resolution
ordering the project with the following conditions:
1. Twenty -nine foot consistent roadway widths throughout the length of the project, no bump outs, and
with parking permitted on both sides of the street
2. Surmountable curb where permissible and barrier curb where necessary in the judgment of
engineering staff
Mayor Krebsbach seconded the amended motion.
Ayes: 4
Nays: 1 (Vitelli)
Councilmember Petschel requested that the speed cart be placed on Hunter and Orchard before the
project begins and after the project is completed so comparative data can be gathered and analyzed.
Mayor Krebsbach asked City Engineer John Mazzitello to explain what is next for this project. He
replied that staff will proceed with designing the project and in January 2013 there would be a second
neighborhood meeting. In February or March 2013, the final plans would be ready for Council approval.
Staff is estimating that construction would begin by June 2013.
COUNCIL COMMENTS
Councilmember Povolny stated this was a tough project and he expressed his appreciation to the
residents for their patience. He reminded all residents to be respectful of speed in neighborhoods when
driving through.
Councilmember Petschel complimented staff on the work completed on the club house at the golf
course. It has been painted and has a new roof.
She attended the fire department open house and there was a wonderful memorial for fallen firefighters.
It also gave her a chance to see the bronze sculpture of a firefighter that was donated.
Councilmember Petschel also commented the she visited a neighborhood that had a break -in. The
residents were appreciative and reassured by the response from a Mendota Heights Police Officer.
Councilmember Vitelli asked for an update on the I -35E bridge event. Chief of Police Michael
Aschenbrener replied that it is still going on.
Councilmember Duggan mentioned the Adopt a Fire Hydrant program, which is an opportunity for
anyone who has a fire hydrant near their home to adopt it. This would include keeping the hydrant clear
of snow, weeds and grass.
Councilmember Duggan also stated that the BC2, the Bakery Cafe has opened in Mendota Plaza.
October 16, 2012 Mendota Heights City Council Page 7
City Administrator Justin Miller mentioned the bonfire that is traditionally held on Halloween night is
tentative due to a county wide burning ban. The City will continue to update the website on the status of
this event as information becomes available.
City Administrator Miller also reminded residents of a Council meeting on being held on October 30,
2012, which is replacing the regularly scheduled meeting of November 6, 2012, due to the General
Election. The Council will also be holding a workshop meeting on October 30, 2012.
He also commented that if anyone has a complaint about their cable service through Comcast, there are
two routes they can take:
1. Call Comcast directly at 651-222-3333
2. The North Dakota Communications Commission, who handles the franchise agreement, has an
expedited process to track unresolved complaints and they can be reached at 651-450-9891
The Dakota County Community Development Agency puts out a foreclosure report every month, which
lists the number of foreclosures throughout the county. County-wide foreclosures are going down and it
is even more the case in Mendota Heights. As of year-to-date, Mendota Heights has had eight sheriff's
sales as compared to twenty-five at this point last year. Also, for the past two months there have been
zero 'notice of pendency' filings.
Mayor Krebsbach mentioned that she was at the Fire Department Open House and it was outstanding to
see all of the families. The fire department always hosts an outstanding event
ADJOURN
Mayor Krebsbach adjourned the meeting at 8:24 p.m.
ATTEST
tlIIUL
AP OP
4I
Lorri Smith
City Clerk
andra Krebsbach
Mayor
October 16, 2012 Mendota Heights City Council Page 8