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2010-07-20 City Council minutesJuly 20, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 20, 2010 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 PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Schneeman moved adoption of the agenda as presented. Councilmember Vitelli seconded the motion. Councilmember Schneeman moved approval of the minutes of the regular meeting held on July 6, 2010 as corrected. Councilmember Vitelli seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented, pulling item 6c for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Agenda b. Acknowledgement of the Minutes of the July 13, 2010 Parks and Recreation Meeting c. Acknowledgement of the June 2010 Treasurer's Report d. Acknowledgement of the June 2010 Fire Department Report e. Acknowledgement of the June 2010 Par 3 Report f. Approval of Contract for Turf Maintenance at Par 3 Golf Course Approval of the Use of City Hall by Beth Jacob Congregation h. Approval of Floating Holiday Designation g. Ayes: 5 Nays: 0 JUNE 2010 TREASURER'S REPORT Ayes: 5 Nays: 0 PUBLIC COMMENTS PUBLIC HEARING COMPLETE BEVERAGE SERVICE ) July 20, 2010 Page 2 i. Approval of Temporary Liquor License for Holy Family Maronite Catholic Church Approval of Employment of Seasonal /Temporary Staff Approval of Purchase of Turnout Gear for the Fire Department 1. Approval of Regular Status for Bobby Crane m. Adoption of Resolution No. 10 -49: "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2010 SANITARY SEWER CLEANING AND TELEVISING PROJECT" n. Adoption of Resolution No. 10 -50: "RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF AN EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF HEARING (SAINT THOMAS ACADEMY PROJECT)" o. Adoption of Resolution No. 10 -51: "RESOLUTION APPROVING AGREEMENT WITH MNDOT ON THE HIGHWAY 55 /MENDOTA HEIGHTS ROAD PROJECT" Approval of Contractors List, dated July 15, 2010 Approval of the List of Claims, dated July 20, 2010, totaling $642,252.98 J. k. P. q. Councilmember Vitelli seconded the motion. Councilmember Duggan noted the year started with a healthy balance that is now lower. Finance Director Schabacker explained the city receives its first half of the property tax settlement in June so the report reflects six months of expenses and that first half of tax receipts will be reflected next month. In addition, in 2010 the city paid off about $1 million of revenue bonds early. Councilmember Duggan moved approval of the June 2010 treasurer's report. Councilmember Schneeman seconded the motion. There were none. City Administrator McKnight explained this is a continued hearing for the Fischerville Grill liquor FOR FISCHERVILLE GRILL ON SALE AND SUNDAY ON -SALE LIQUOR LICENSES July 20, 2010 Page 3 license application and the applicant is in attendance to answer the concerns and questions of the council. Mayor Huber noted the application before the council is for a liquor license. The council is not considering the use of this building as a restaurant but staff has had preliminary conversations with the applicant about a planning application for this business to utilize the license. Mr. McKnight stated that is correct and issues such as parking and need for a setback variance are yet to be addressed. Mayor Huber noted there have been no public hearings on those planning issues and the business cannot operate as is. Mr. McKnight stated that is correct. Councilmember Krebsbach asked about the proximity of residential property for liquor licenses? Mr. McKnight stated the code does not reference that question. City Attorney Diehm stated the code restricts proximity to schools and other uses but, at this time, not residential. Councilmember Vitelli noted the city has liquor licenses available and this applicant has completed a background check. Mr. McKnight stated that is correct and there is no basis for denial, in terms of the code, for this liquor license. Councilmember Duggan pointed out that additional code language, as mentioned by Councilmember Krebsbach, does not apply to this application at this time. Ms. Diehm confirmed that is the case and should the code be revised at a future date, it would not apply to this license application. Suzanne Perkins, applicant, stated they realize this is a very unique request with the "cart before the house" since they made application for a liquor license prior to owning the building and have not completed the planning application process. She stated she would like to answer questions of the council and public and requested the public hearing be continued so last minute issues can be properly addressed. Ms. Perkins addressed four categories: their vision and direction; the property in general; parking; and, landscape, lighting and noise. With regard to their vision, she stated Complete Beverage Service is a family -owned business with other associated businesses. They have filed with the July 20, 2010 Page 4 Minnesota Secretary of State for the "Fischerville Grill" name and that would be included under the umbrella of Complete Beverage Services. Ms. Perkins stated she and her husband currently live out of state in Wisconsin and the manager would be Brian Glancy, their son -in -law, who lives in Shakopee but would like to relocate to the restaurant location. Their focus is to provide a family - friendly neighborhood -grill restaurant, similar to an Applebee's. Ms. Perkins stated they will not offer outdoor seating, live music, and estimate they will have 100 seats even though the building can hold more. She stated she met with the neighbors who live in close proximity to discuss their vision. Ms. Perkins stated they have looked for a restaurant location for over two years and were excited when they found this building because of its 1920s and 1930s "flavor" and prefer the rustic style of the coffee shop restoration. She displayed historic pictures of buildings in Mendota Heights and stated her appreciation for the historical nature of the Fischerville building. Ms. Perkins stated once they found the building, they called the city to assure a liquor license was available, the building was properly zoned, the square footage of the building, and parking was acceptable. She stated they knew their liquor license background check would be clean. They would propose hours of 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m. on Friday and Saturday. Councilmember Duggan stated he has been in the building a fair number of times and is surprised to hear there is seating for 100 and space for an adequate kitchen to serve that number of customers. Ms. Perkins displayed a diagram of the building interior. Ms. Perkins stated the bank currently owns the property and David Mennen, Drake Bank, is in attendance. The property has been for sale and the bank advised them of the lease agreement with Bella Boutique for one year with a first right of approval should a buyer be found for the building. Ms. Diehm stated that while the council can receive information regarding the building, it should be clear that such information is not a consideration of the liquor license application nor is any private arrangement between the July 20, 2010 Page 5 bank and the building tenants. This information cannot be considered in the council's decision on the liquor license. Ms. Perkins reviewed the terms of their purchase offer and advised that a phase one study has been completed and the geologist found a tank present on the property and possible soil contamination. The next step in that process is a phase two study, to clean the property, and assure there are no environmental hazards. Councilmember Duggan asked how long it would take to decontaminate the property? Ms. Perkins stated she has not talked with the geologist but perhaps David Mennen, Drake Bank, has additional information. Mr. Mennen indicated he has not talked with the geologist. Ms. Perkins stated that they view this as a great time to fix the problems that exist and want to follow the letter of the law for the building, licensing, and parking. She advised that it is required that Mn/DOT approve the parking plan. Ms. Perkins displayed a picture of the current parking and explained Mn/DOT requires access points for the parking lot. If Mn/DOT does not allow parking in front of the building, it will have to be located behind the building. She stated her civil engineer prepared a diagram that she sent to Mn/DOT who indicated that is what they would like to see at this building. Also, the number of parking spaces has to be addressed. Ms. Perkins stated some cities are trying to reduce their asphalt footprint to lower environmental impacts and to accommodate compact -sized cars. Mendota Heights does not do that and requires 33 parking spaces. In addition, a setback of 20 feet is required from residential and 15 feet from commercial lot lines. They will also have to address wastewater to assure proper drainage. Ms. Perkins displayed and described the preliminary draft drawing they sent to Mn/DOT identifying one -way circulation and 31 parking stalls. In addition, variances are needed to use either driveway, since both are currently not legally located. Mr. McKnight explained the parking requirement is one parking stall per three seats plus one stall per employee. Ms. Perkins stated their three employees would park in the parking garage stalls but they are only in the preliminary stages and are exploring other parking opportunities. July 20, 2010 Page 6 Ms. Perkins addressed their landscaping plans that will include a retaining wall and fence that meets the city's requirements. She stated the neighbors were encouraged when she met with them and asked for possible solutions. The existing lighting is motion detected floodlights placed high on the building and very disruptive. According to regulations, low non - reflective and shielded lighting is required. Ms. Perkins stated they will meet city code on all sides of the building and will remove the chicken coop building as well as the crumbling retaining wall. She stated they want to be good neighbors. Ms. Perkins stated they will address signage in the future but plan to have awnings. She reviewed the noise regulations and stated the planned barrier wall will help reduce that concern. Councilmember Krebsbach asked how high is the retaining wall? Ms. Perkins stated it will be seven feet with a fence on top and will address drainage. Councilmember Duggan stated that is substantial when you consider the addition of a six -foot fence on top. He stated that will be a dominant feature to the rear of the residential lots and, as he suggested at the last meeting, screening be provided on the resident's side of the fence /retaining wall to soften the view. Ms. Perkins stated she spoke with those residents about that suggestion and learned that some have already planted trees to screen the view and address the storm water issue. Councilmember Duggan asked how close cars can park on the east side? Acting Public Works Director /City Engineer Ruzek stated a 20 foot setback is required from residential lot lines. Ms. Perkins stated the diagram includes the required 20 foot setback. Councilmember Krebsbach asked about snow removal? Ms. Perkins stated she is unable to answer that question and will have to check. Councilmember Krebsbach stated the top of the retaining wall will need concrete barriers to assure parking safety. Ms. Perkins stated they will provide a barrier that is 90% opaque and also want to assure safety. Councilmember Krebsbach asked if there is a 20 foot drop July 20, 2010 Page 7 to the rear? Ms. Perkins stated their plans are only preliminary but they will raise the elevation somewhat. Mayor Huber noted the application before the council is for the liquor license and the planning application and related issues will be addressed when that process occurs. Councilmember. Krebsbach stated the liquor license is for a 100 seat restaurant so she felt the council needed more background information to address this complicated set of circumstances. Councilmember Vitelli stated the liquor license is before the council and staff has indicated there is no basis to consider denial. He noted the liquor license could be approved contingent upon successful completion of the planning application. Councilmember Vitelli stated the applicants understand there are many hurdles to overcome and he would support approval of the liquor license subject to contingencies. Councilmember Krebsbach asked why council action is required on the liquor license if it cannot be denied? Mr. McKnight stated the code requires council consideration and approval /denial of the liquor license. Staff has indicated it finds no rationale for denial of this license application based on the code. Ms. Diehm explained that liquor licenses come before the council because there is significant discretion to consider the totality of the circumstances and information presented. Staff's job is to make a recommendation and have indicated there is no basis for denial. However, the council can consider all of the circumstances and set conditions such as completion of the planning process. Councilmember Krebsbach stated the council does have the discretion to deny. Ms. Diehm stated the council has discretion but cannot make the decision arbitrarily; it has to be based on specific findings of fact, staff recommendation, applicant information, and public hearing input. Councilmember Vitelli stated the question is whether the council's decision could withstand a legal challenge. July 20, 2010 Page 8 Councilmember Krebsbach stated she believed there was reason for denial because this is a complex site, staff did not have much information, it is located across the street from a park, within a residential area, parking could be dangerous, there is no room for snow removal, a sharp incline exists with one lane, arid there is not enough space for parking for a 100 seat restaurant plus staff. She stated this is a great concept but she believed this is not the place so she will not support the liquor license. Councilmember Schneeman stated Ms. Perkins has submitted a great case and something else could go in this building that the city may not like. She agreed the applicants have more work to do but she would like to give them the opportunity to answer the questions raised. She named other restaurants located within neighborhoods and stated she received a lot of calls from people who want a restaurant within walking distance. Mayor Huber opened the public hearing at 8:08 p.m. and asked for public comments Laurie Weinzettel, 2126 Dodd Road, stated she would love to see a restaurant at this location with a wine or 3.2 beer license but not a full bar with a tier two license. However, Ms. Perkins has indicated she wants the full license to be competitive. She suggested a restaurant with a tier two license should be located at the Mendota Plaza. Ms. Weinzettel asked who applied for the liquor license, Fischerville Grill or Complete Beverage Services and noted that Ms. Perkins is not a resident of the seven county area, as required. Ms. Weinzettel stated she would support a 50 seat neighborhood grill if it did not have a full on -sale Sunday liquor license. She stated the requested hours of operation are reasonable but she remains concerned that should business be slow, Perkins will ask for extended hours. She indicated she wants something to go into this building and the city's property but emphasized that no one wants to live 100 feet from a bar. She noted this site is across the street from a park, has heavy traffic levels, and there is a possible future width extension of Dodd Road to four lanes. July 20, 2010 Page 9 Ms. Weinzettel asked about the location of the drain, which she thinks is on her property. She concluded her remarks by stating this is not the place for a full bar and suggested the applicant consider a space in the Village or Mendota Plaza. If approved, she was concerned she would have to tow cars that block her driveway. Mayor Huber asked whether residency is required for a liquor license? Mr. McKnight stated he will research that question. Mayor Huber asked about the possible expansion of Dodd Road? Mr. Ruzek stated he never made that statement and Mn/DOT has no plans to extend Dodd Road to four lanes. Councilmember Duggan stated he made that estimate, based on traffic studies by Dakota County, that Dodd Road would be two lanes each way by 2020. Mayor Huber stated liquor licenses "live and die" with the owner so if approved and at some point Complete Beverage Service sells the business, the new owner would have to make application for a liquor license. He asked if the liquor license is granted to a particular address? Ms. Diehm stated the liquor license is issued to the address, owner, and specific area within the property. The code provides limited exception for transition in ownership to allow the business to continue to operate while the property is transferred, and that would require council consideration. Mr. Ruzek stated the sanitary sewer manhole and storm manhole referenced are located on city property and would require the city to grant a platted easement. Councilmember Duggan asked about grease traps and grease disposal? Mr. McKnight stated these questions are far from the liquor license and staff has not had the opportunity to address that level of detail. Dennis McCardle, 2159 Fox Place, thanked Ms. Perkins for taking the initiative to meet with residents to describe their vision for Fischerville Grill. He asked if an Applebee's -like restaurant is a good use for this property, noting it would bring issues not previously experienced by Friendly Hills residents. He is concerned with vehicular traffic and parking for customers and employees, noting the parking area is only possible by creating a parking lot on the east side, next to his property, and downhill from the proposed July 20, 2010 Page 10 restaurant. His concerns are noise from vehicular traffic that is present an hour before and after normal business operations, up to midnight on Friday and Saturday. He is also concerned about lighting, intensity of lighting needed for security, and lighting from vehicle traffic, which may be mitigated somewhat by proper fencing. Mr. McCardle indicated the biggest issue is that the parking lot is located downhill from the restaurant and access points on the north and south that will create an unobstructed pathway for rainwater. The south access is aimed at the corner of his house and he has experienced water issues in the past that he believed will increase with the size of parking lot. Mr. McCardle asked where snow will be stored and advised there are flooding problems during spring melting. With regard to the parking safety, he asked that it not be resolved with wheel stops because that will not stop water from leaving the site. He supported requiring curb and gutter around the circumference of the parking lot. He also suggested the parking lot be raised in elevation to assure all water related issues are dealt with by Fischerville Grill and to facilitate utility connections and ease of customer access. Mr. McCardle stated he is also concerned about air quality during hours of operation and the potential for a grease odor in the abutting Friendly Hills' property, potential impact to property value, and that a future owner may focus on bar business. Mr. McCardle asked the council to consider all of these points and the totality of the circumstances. Councilmember Vitelli thanked Mr. McCardle for his factual presentation. Ross Fefercorn, RMF Entities, Ltd. representing Village of Mendota Heights stated this is a challenging plan that will be costly. He stated the Village has one remaining space for a restaurant in the clock tower building of about 4,500 square feet with adequate parking and patio space. He noted the city has a limited number of liquor licenses available and a full- liquor license may be requested for the Village space. Mr. Fefercorn asked what length of time is allowed to activate an approved liquor license and whether it would prevent the city from accepting another liquor license application? July 20, 2010 Page 11 Ms. Diehm explained the number of available liquor licenses is set by the city, contained in the ordinance, and that number was changed since 2002. She advised that six on -sale licenses are allowed and two have been issued so there is room for additional applications. Ms. Diehm stated the code would have to be reviewed to determine if a requirement can be made for when the license has to be operational, noting if the license is not operating it would be difficult to consider renewal. Mr. McKnight advised the ordinance requires that the establishment manager must live within the seven county area. Alan Olson, 2153 Fox Place, submitted the letter written by his neighbor, Chad Trochlil, 2145 Fox Place. Mr. Olson stated they have specific concerns with the business but he understands it muddies the water to present those issues during this liquor license consideration. Beth Olson, 2153 Fox Place, stated they agree with the position stated by Councilmember Vitelli that there will most likely be contingencies. Mayor Huber reiterated that the matter before the council is the liquor license and, if approved, the site issues will be addressed during the planning application. Mr. Olson stated if the liquor license is approved they would support inclusion of conditions. He displayed pictures of the subject site and views from his back yard. Mr. Olson stated he spent thousands of dollars to install a rock retaining wall to address drainage from the Fischerville property and planted trees to eventually block the view of the building. He displayed additional pictures including Fischerville's crumbling block retaining wall, lighting on high poles, line of stakes placed at the 20 foot setback identifying the elevation of the basement floor, and weedy parking lot. Mr. Olson asked the council to assure that Fischerville managed its own stormwater so it does not enter his property and house. Councilmember Krebsbach asked about the retaining wall buttresses? l'vlr. Olson stated the block retaining wall was not properly constructed to address water drainage so it is July 20, 2010 Page 12 crumbling. He stated his preference to have a view of a new retaining wall and fence that addresses water runoff. Councilmember Duggan stated he visited Mr. Olson at his property, noting his retaining wall was nicely constructed to address water runoff from the Fischerville site. Councilmember Krebsbach stated this is a beautiful street and she does not want to adversely affect Friendly Hills properties. Mr. Olson stated a grill and bar is not the best use but something will go into this site and the Perkins have the desire to correct the issues and transform the property rather than patch it up. He stated he is willing to take a chance with approving the liquor license. Keith Schweiger, 2291 Ocala Court, owner of Bella Boutique, agreed someone will buy the building and they have first right of refusal. However, they had hoped to have several months of running Bella Boutique before making that decision. He noted there are two other great locations at the Village and the Plaza that are designed for bars and restaurants and within walking distance. Those locations need no variances or special issues to be resolved. Mr. Schweiger stated parking is an issue and he has never seen a 100 seat restaurant run with three employees plus he has heard they intend to operate a catering business next door. He was concerned that softball players from the park across the street will come to this bar and then loiter past the hours of operation. He stated he is opposed to issuing a liquor license at this location. There being no additional questions or cormnents, Councilmember Duggan moved to close the public hearing. Councilmember Schneeman seconded the motion. Councilmember Duggan moved to approve the application of Complete Beverage Service, Inc. for Fischerville Grill for a tier two on -sale and Sunday on -sale liquor license subject to the building and property meeting city codes for parking, automobile circulation, lighting, odor control, safety, ease of access, landscaping, proposed elevation of parking in relation to earth fill, and engineering of drainage to the north subject to review by staff. July 20, 2010 Page 13 Councilmember Schneeman seconded the motion. Councilmember Vitelli stated his support to approve the liquor license to give the Perkins a chance to show how the property will work. He offered a friendly amendment to include a time limit to the end of the year. Councilmembers Duggan and Schneeman accepted the friendly amendment to include a time limit. Mayor Huber stated the council looks at the Perkins as being interested in doing their best but wants to assure the city is protecting residents of Friendly Hills. He stated the motion would grant the liquor license with contingencies and the council needs to assure that the contingencies listed include everything. Mayor Huber suggested that staff be directed to prepare a tightly worded resolution for consideration at the next meeting. Councilmember Duggan agreed with the Mayor's suggestion, noting the environmental issues with the tank removal also needs to be addressed but he was unsure that could be accommodated by the end of the year. Councilmember Duggan moved to amend the motion to direct staff to draft a resolution approving a tier two on -sale and Sunday on -sale liquor license to Complete Beverage Service, Inc. for Fischerville Grill that details all contingencies and places a time limit to activate the license by the end of the year. Ayes: 4 Councilmember Schneeman seconded the amendment Nays: 1 ( Krebsbach) motion. Councilmember Krebsbach explained that she is opposed to moving forward with this liquor license application due to concerns with the safety of the participants, hours of operation infringing on a residential neighborhood, safety of the parking lot, entrance and exit issues, and limited emergency vehicle access to the back of the lot. Councilmember Vitelli stated he is glad the council supported approval of the liquor license but agrees there are a lot of hurdles to complete the planning application July 20, 2010 Page 14 process. He noted the challenge now is for the Perkins to convince the council that the obstacles can be overcome. Councilmember Schneeman concurred and noted if completed it will be a great asset to the community. Matt Mayer, Kern DeWenter, Viere, Ltd. (KDV), introduced himself and advised they completed the December 31, 2009, audit of the city's financial reports. He recognized the well prepared efforts of city staff. Mr. Mayer advised they have provided an unqualified opinion, the best opinion available, on the basic financial statements, finding the report is presented fairly in all material respects and in accordance with generally accepted accounting principles. In addition, there were no findings in 2009 related to compliance based on the Minnesota compliance standards. Mr. Mayer reviewed the reports and concluded by advising they have only one audit recommendation regarding segregation of accounting duties and staff has already submitted a corrective action plan that he feels will eliminate this comment in future audits. Mr. Mayer thanked the council for the opportunity to present and stood for questions. Councilmember Vitelli stated this is the best and most informative audit report he has seen in his years serving on the council and clearly addressed the segregation of funds, a key issue. He asked about cash controls at the golf course. Mr. Mayer stated he will review their work documentation and apologized for not doing so before the meeting. He stated he recalls they would do it this summer. Councilmember Vitelli addressed the audit comment regarding segregation of accounting issues and asked Mr. Mayer if he would advise the city to use a consultant several times a year for a more in -depth review or if setting up new processes is enough? Councilmember Vitelli stated his belief that a key for business leaders is to assure nothing gives any employee a temptation and if employees know the process is being watched, it is not a temptation. Mr. Mayer stated the city does not want the cost of the control to exceed the benefit. He noted a one or two day engagement could be contracted, on a semi - annual or July 20, 2010 Page 15 quarterly basis, and KDV could structure agreed upon procedures that identify council's concerns. Councilmember Duggan asked how segregation of duties can occur without added personnel? Ms. Schabacker explained how the payroll process has been revised to segregate responsibilities and resolve the issue identified by KDV. Ms. Schabacker stated the accounting clerk will process payroll, she will verify it, and the city clerk will review payroll prior to distribution. With cash receipts, the utility billing clerk will enter receipts and prepare the deposit but someone else will take it to the bank. Councilmember Krebsbach agreed this is the best audit report the city has received, noting it contains easy to follow graphs, issues are raised and answered with documentation, and she appreciates that the information breaks out salary and benefits from other categories. Councilmember Schneeman moved to accept the 2009 audit report, as presented. Councilmember Krebsbach seconded the motion. Assistant to the City Administrator Sedlacek reviewed that at a prior meeting, John Brenne had requested that the city implement a noise ordinance to address noise concerns between private property owners. The council directed staff to research what other cities are doing and report on those findings. Mr. Sedlacek stated staff contacted the League of Minnesota Cities, which indicated that when the conflict is between two neighbors, it is considered to be a civil matter. Mr. Sedlacek presented staffs findings from Burnsville, Eagan, Inver Grove Heights, and West St. Paul as contained in the staff report. He noted there are a number of options for the council's consideration and explained the bigger policy question is whether the city wants to become involved in matters between two residents. Councilmember Duggan advised that Mr. Brenne, who raised this issue, was in attendance earlier tonight but not able to remain at the meeting and had apologized for that. Councilmember Vitelli stated his support for staff's recommendation and noted residents can call the police department when they feel the noise is excessive. July 20, 2010 Page 16 Councilmember Schneeman concurred with Councilmember Vitelli. Councilmember Krebsbach reported the neighbor that owns the pool is ending its use about 9:45 p.m. in consideration of the neighbor's children. She noted that another option is the mediation service offered by the city. Councilmember Krebsbach applauded the pool owner for his help to address this matter. She noted, however, that if it becomes a repeated problem without accommodation, the council may have to consider taking action. Council consensus was reached to accept staff's recommendation. Mr. McKnight said that Councilmember Duggan has suggested several minor revisions to the draft ordinance so he recommended the council indicate if there are additional revisions and the ordinance be considered at the next meeting. Councilmember Krebsbach suggested the amendment also address maintenance of commercial and industrial properties, noting the city has many older buildings. Councilmember Vitelli agreed and stated the back of the Fischerville building also needs to be addressed. Mayor Huber suggested that be addressed as a separate code section so the current amendment can move forward. Mr. McKnight concurred and advised that such an additional regulation may require a public hearing process. Councilmember Krebsbach stated her support to amend the code to address the distance from a liquor license to residential properties to assure protection of residential neighborhoods. Mayor Huber suggested staff research what other cities have for regulations. Councilmember Duggan reviewed the revisions he had suggested to staff. July 20, 2010 Page 17 Council consensus was reached to table further consideration of Ordinance No. 429 to the August 3, 2010, meeting. Councilmember Vitelli said he was distressed to see the condition of the Fischerville building. He noted Ms. Perkins had indicated that Mn/DOT did not think the parking in front of the Fischerville building was safe and asked staff to provide a recommendation whether it should remain. Councilmember Vitelli stated he is interested in additional details relating to financial controls and asked that it be further discussed during the budget workshops. He stated he supports the auditor's recommendation to establish a strategy regarding fund balance and asked that it also be discussed during the budget workshops. Councilmember K.rebsbach concurred and stated she would also like a discussion on assets and depreciation of assets. Councilmember Vitelli extended his condolences to Mayor Huber on the passing of his father -in -law and John Maczko on the passing of his mother -in -law. Councilmember Schneeman stated she saw two wild turkeys on her drive to the meeting tonight and wished all a happy summer. Mayor Huber expressed his appreciation to the council for its support during the past week after the passing of his father -in -law. With regard to the Fischerville application, Mayor Huber stated it is a difficult issue but he hopes the good discussion held tonight reflects the confidence of residents that the council will seriously consider their concerns. He complemented residents on how they expressed their concerns. Councilmember Vitelli noted that the residents had all met and talked in the hallway after the council's discussion. Councilmember Krebsbach stated she thinks the applicants would be wonderful business owners and her concerns are strictly with the site. Councilmember K.rebsbach stated she enjoyed Super Saturday with. the Mendota Heights Athletic Association ADJOURN Ayes: 5 Nays: 0 July 20, 2010 Page 18 (MHAA) T -ball program. She displayed a Mendota Heights baseball cap and advised how it can be purchased. Councilmember Duggan said he would like to be involved with the Metropolitan Council's discussion on population growth. He announced the upcoming Music in the Village events and stated last week he enjoyed the Landmark dance event. With regard to the Fischerville site, Councilmember Duggan agreed it is difficult when backing out due to landscaping. He added his condolences to those who have recently lost family members. C,ouncilmember Krebsbach stated she toured Mendota Plaza and found it is a tremendous improvement with sidewalks and positioning of gardens. She stated it appears they will be able to have the bonfire. Mr. McKnight stated this is Mr. Ruzek's last meeting as the city's Acting Public Works Director /City Engineer. The council thanked Mr. Ruzek for his excellent work. There being no further business to come before the council, Councilmember Duggan moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 9:45 p.m. Nancy Bauer Acting City Clerk Prepared by Carla Wirth, Recording Secretary