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2010-06-15 City Council minutesJune 15, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 15, 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: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 2 Nays: 0 Abstain: 1 (Duggan) CONSENT CALENDAR Acting Mayor Vitelli called the meeting to order at 7:00 p.m. The following members were present: Councilmeinbers Duggan and Krebsbach. Absent and excused were Mayor Huber and Councilmember Schneeman. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the agenda as presented. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach moved approval of the minutes of the regular meeting held on June 1, 2010, as corrected. Acting Mayor Vitelli seconded the motion. Councilmember Krebsbach moved approval of the consent calendar as presented, pulling items 6h and 6k for further discussion, and authorization for execution of any necessary documents contained therein. a. b. c. d. e. f. Acknowledgement of the NDC4 Meeting Minutes and Agenda. Acknowledgement of the Minutes from the June 8, 2010 Parks and Recreation Commission Meeting. Acknowledgement of May 2010 Treasurers Report. Acknowledgement of the May 2010 Fire Department Monthly Report. Acknowledgement of the Par 3 Report for May 2010. Approval of SRO Contract with ISD #197. Ayes: 3 Nays: 0 ACTING CITY CLERK APPOINTMENT Ayes: 3 Nays: 0 RESOLUTION NO. 10 -44 ORDERING WAGON WHEEL TRAIL FEASIBILITY REPORT June 15, 2010 Page 2 g. Approval of July 4th Fireworks. h. Approval of Acting City Clerk Appointment. i. Approval of Correction of Temporary /Seasonal Hourly Wage Rates. Approval of Sign Permit for 750 Highway 110, St. Croix Cleaners. k. Adoption of Resolution No. 10 -44: "A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR WAGON WHEEL TRAIL." 1. Approval of Contractors List, dated June 10, 2010. m. Approval of the List of Claims, dated June 15, 2010, totaling $362,161.15. Councilmember Duggan seconded the motion. Councilmember Krebsbach noted that Kathleen Swanson has been Mendota Height's City Clerk for 38 years, done an outstanding job, and this is her last Council meeting. She commended Ms. Swanson for her service to the city and support of the Council through meeting minutes, handling elections, and all the other responsibilities of City Clerk. Councilmember Duggan stated his agreement and added his commendation. Acting Mayor Vitelli stated that during his tenure on the Council he has come to appreciate Ms. Swanson's depth of knowledge about Mendota Heights, which will be missed by all. In addition, Ms. Swanson's rational thinking has benefited the ordinance and permit processes. Councilmember Duggan moved to appoint Nancy Bauer as the Acting City Clerk effective July 1, 2010, with a 10% increase in pay for working out of classification. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach asked if there will be room for bicycles or walking paths following reconstruction? Acting Public Works Director /City Engineer Ruzek answered in the affirmative and stated the feasibility of bicycle and walking paths will be fully reviewed as part of the feasibility report. Ayes: 3 Nays: 0 PUBLIC COMMENTS June 15, 2010 Page 3 Councilmember Duggan noted that landscaping is a valuable asset to residents of the area and encouraged staff to work with property owners regarding trees and to save or replant landscaping where possible. Mr. Ruzek concurred and stated staff is expecting many challenges with this project. Councilmember Duggan moved adoption of Resolution No. 10 -44, "A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR WAGON WHEEL TRAIL." Councilmember Krebsbach seconded the motion. Ross Fefercorn, RMF Entities, Ltd. representing the Village at Mendota Heights, congratulated Ms. Swanson for her service to the city and indicated he had enjoyed working with her. Mr. Fefercorn introduced Marcella and Ken Kelton, new owners of the Cold Stone Creamery and advised they plan to expand the offerings. Marcella Kelton stated they are happy to be in Mendota Heights and plan to work with fund raisers and be part of the community. Ken Kelton stated it is nice to be in Mendota Heights and they hope all will stop by for some ice cream this summer. Councilmember Duggan welcomed them into the community and stated he hopes they have a prosperous business. Mr. Fefercorn announced that June 16, 2010 is the first of the summer concerts and will feature blues guitarist Pat Donohue. He displayed an advertisement in The Villager detailing upcoming concerts on July 21, 2010, with Connie Evingson and August 18, 2010, with the Bunny Clogs. Councilmember Duggan stated this is a wonderful family event. It has been well attended in the Market Square area and is a great way to meet others from Mendota Heights. John Brenne explained that he had moved to Mendota Heights two days before Christmas and was not aware of the swimming pool just 15 feet from his property line. He explained he has two young children, ages three years and June 15, 2010 Page 4 one year, and has called seven to ten times to complain about noise from the swimming pool after 10:00 p.m. Mr. Brenne stated he talked with Sergeant Peterson two weeks ago about how to solve this problem and Sergeant Peterson had indicated the current ordinance does not provide ability for enforcement in this case. Mr. Brenne described his research of the City of Eagan's noise ordinance and contact with Lieutenant Pike who indicated it is working well in Eagan. Acting Mayor Vitelli requested more detail on the type of noise that is of concern. Mr. Brenne stated the nuisance noise is from an in- ground swimming pool with a diving board as well as radio noise that starts about 9:00 p.m. and continues to 2:00 a.m. He explained that up to fifteen kids are using the pool, having fun on weekday evenings and weekend evenings. Acting Mayor Vitelli asked staff why the city's current ordinance does not prevent this late night noise? Police Chief Aschenbrener agreed that the pool is located against Mr. Brenne's property line and advised that three nuisance calls have been received since 2005. Chief Aschenbrener explained the city's current ordinance adopts the state pollution control guidelines for noises from 10:00 p.m. to 6:00 a.m. When a noise complaint is received, an officer visits the site and asks them to stop the noise. If they do not comply, a citation is issued. He indicated he did not know how much noise is appropriate from a swimming pool but he doubted it would ever exceed the decibel level cited under Minnesota rules. To address this matter, Chief Aschenbrener explained the city would have to set an arbitrary standard that would apply to all noise. He reviewed the Council's past consideration and determination to not consider a new noise ordinance at that time. Acting Mayor Vitelli asked whether the Council should review ordinances from other cities so this type of nuisance can be addressed. City Administrator McKnight stated staff will review ordinances and provide a recommendation in cooperation with the Police Chief. Councilmember Krebsbach stated it is a help if people know there is an end time for the noise, such as midnight. PUBLIC HEARING MENDO RESTAURANT GROUP ON -SALE WINE AND ON -SALE 3.2 MALT LIQUOR LICENSE June 15, 2010 Page 5 Mr. Brenner explained the Eagan ordinance considers it a violation when nuisance noise is plainly audible from 10:00 p.m. to 7:00 a.m. at a distance of 50 feet, which does not require the use of a decibel reader. He stated that he has called the Police Department seven to ten times to complain about the noise but had not left his name, so there is no record of his calls. Councilmember Duggan stated in issues like this it can be helpful to build a relationship with your neighbor and suggested Mr. Brenner ask the neighbor if his children can use the pool. He noted if found to be a pleasant experience, noise is often tunes not as objectionable. He also suggested Mr. Brenner make an audio recording 50 feet from the pool to determine what can be heard. Councilmember Duggan stated when there have been challenges between neighbors in other areas and the Council has suggested they sit down together, work things out, and build a relationship. Mr. Brenner stated he has tried to communicate with this neighbor for two years and after the last contact, Sergeant Peterson recommended that he no longer make contact. City Clerk Swanson presented the application from Robert Ulrich, Mendo Restaurant Group, requesting on -sale wine and on -sale 3.2 malt liquor licenses for Mendoberri, a new restaurant. She advised that the background check has not yet been completed but the application is complete and the applicant has been outstanding to work with. Robert Ulrich, applicant, introduced his wife Ann Ulrich and advised Council of his European training and background as a chef. He stated Mendoberri will cater to customers who do not have time to prepare meals but want high quality healthy foods. He described the menu choices to offer dishes prepared using seasonal quality products from local producers and that take out items would be packaged in eco- friendly containers. In addition, their children's menu will offer healthy options. Mr. Ulrich explained they are requesting a wine and beer license so they can present foods with wine and beer choices. They may use local beer through a microbrewer or Austria or Europe, as well as imported and domestic wines and nonalcoholic beverage options. Mr. Ulrich reviewed their hours of operation and explained the name Mendoberri Ayes: 3 Nays: 0 PUBLIC HEARING NPDES ANNUAL HEARING June 15, 2010 Page 6 was created using "Mendo" for Mendota Heights and "berri" as a reference to freshness and grapes in wine. They intend to be open by September of 2010 and would like to invite local neighbors prior to holding a grand opening so they can get some initial feedback. Acting Mayor Vitelli encouraged Mr. Ulrich to include an Austrian touch to menu offerings and stated he looks forward to enjoying a meal at Mendoberri. Councilmember Krebsbach concurred and stated she found the food offerings to look delicious and the children's menu to be outstanding in offering healthy choices. She noted the leased space will allow for a fairly good sized restaurant. Councilmember Duggan asked if consideration is for an indoor and outdoor liquor license request? Ms. Swanson explained the city owns the sidewalk so the license cannot include the sidewalk area and wine and beer cannot be served outside of the restaurant. However, a customer can purchase an alcoholic beverage inside Mendoberri and carry it outside to the sidewalk area. Councilmember Duggan welcomed Mr. and Mrs. Ulrich to the community and noted there has been a recent media focus on the dangers of obesity and the benefits of consuming healthy foods so he looks forward to the day Mendoberri opens. City Clerk Swanson advised this is a new license so the public hearing should be opened and continued to the July 6, 2010 meeting. Acting Mayor Vitelli opened the public hearing at 7:38 p.m. and asked for public comments There being no questions or comments, Councilmember Duggan moved to continue the public hearing to July 6, 2010. Councilmember Krebsbach seconded the motion. Mr. Ruzek explained an annual meeting is required for the National Pollution Discharge Elimination System (NPDES) program and the city is also required to take other actions as Ayes: 3 Nays: 0 June 15, 2010 Page 7 part of the permit. Mr. Ruzek read the required components as follows: 1. Public education and outreach. 2. Public participation/involvement. 3. Illicit discharge detection and elimination. 4. Construction site runoff control. 5. Post - construction runoff control. 6. Pollution prevention/good housekeeping. Mr. Ruzek displayed slides detailing the city's efforts to meet each of the six components, noting the city has adopted best management practices as well. He indicated staff will develop a mailer, which will be presented to the Council this fall, to educate residents on eleven simple steps that can be taken to improve water runoff prior to it entering the storm sewer, lakes, and streams. It was noted the city has made good progress in stormwater management and pollution prevention in the past year and will continue to progress and demonstrate compliance with mandated programs. Councilmember Duggan asked if runoff from the Paster development is inspected. Mr. Ruzek stated staff inspected the site after a significant rain event and noticed silt fence and inlet protection damage. He advised that both were immediately rectified by the contractor upon notice. Councilmember Duggan stated it has been suggested the city's street be swept twice a year to clear up gutters. Mr. Ruzek indicated he would support that practice. Councilmember Krebsbach stated this is a good report and noted the St. Thomas Academy report on Rogers Lake had also addressed the impact of runoff. Acting Mayor Vitelli opened the public hearing at 7:48 p.m. and asked for public comments There being no questions or comments, Councilmember Duggan moved to close the public hearing at 7:49 p.m. and accept the NPDES report. Councilmember Krebsbach seconded the motion. June 15, 2010 Page 8 Acting Mayor Vitelli asked when Public Works Director Mazzitello will return to work. Mr. Ruzek stated he anticipates Mr. Mazzitello will return to work the first week of August 2010. Acting Mayor Vitelli indicated that Mr. Ruzek has done a good job during Mr. Mazzitello's absence. Mr. Ruzek stated the city has a good staff to work with and they have helped him. Mr. Sedlacek explained the city received an application from Lawrence Coleman of FMHC Corporation, on behalf of Clear Wireless, LLC, requesting approval of a conditional use permit (CUP) to mount wireless antennas on the rooftop of the South Ridge Condominium building. He explained the applicant is anxious to proceed; however, there are a number of outstanding issues and legal counsel for the homeowners association has not been available to address those issues. Mr. Sedlacek recommended the council table consideration to the July 6, 2010, meeting and extend the 60 -day review period to August 31, 2010. Acting Mayor Vitelli moved to table consideration of Planning Case No. 10 -14, Clear Wireless, LLC, for a conditional use permit for wireless antennas and ground equipment to the July 6, 2010, meeting and extend the 60- day review period to August 31, 2010. Councilmember Krebsbach seconded the motion. Councilmember Duggan requested that Pilot Knob brochures be made available at City Hall as well as the Pilot Knob site. Councilmember Duggan announced that the Metropolitan Council will be holding an important meeting next week to review long -term development plans for the airport. He stated some city representatives attended the transportation meeting yesterday and it appears they are comfortable with accepting the recommendations put forward by surrounding communities about their concerns. Councilmember Duggan extended his congratulations to new businesses in Mendota Heights. He noted he and Councilmember Krebsbach had attended the ribbon cutting at Northwest Mutual Life that is comprised of 133 independent agents at this new location. June 15, 2010 Page 9 Councilmember Duggan also congratulated the Medicine Shoppe, which is having a reception this evening. He encouraged residents to attend to meet new owner pharmacist Dan Koski and Stan Starkman, noting the Medicine Shop is a comprehensive drug store that accepts more insurance payments and claims than most other drug stores. Councilmember Duggan announced the Tuesday, July 6, 2010 meeting will include a presentation by the Dakota County Transportation Visioning Committee of its draft report on transportation needs over the next 20 -30 years. He encouraged residents to attend this meeting, which will be a joint meeting with Sunfish Lake, to learn more about transportation plans and recommendations. Councilmember Duggan noted that Bloody Sunday occurred 38 years ago in Derry, Ireland, when 14 young people, who were unarmed and involved in a peaceful march, were killed. He advised that finally today the Prime Minister of England indicated that England was deeply sorry and that its actions were unjustified and unjustifiable. Councilmember Duggan reviewed the names of several young men and fellow classmates who were killed. He stated he was proud of their accomplishments and even more proud that England has finally recognized that what was done was wrong. Councilmember Krebsbach stated she attended the ribbon cutting for Northwest Mutual Life and discovered at that event that Steven Griep, her husband's cousin, works there. Councilmember Krebsbach encouraged residents to visit the Medicine Shoppe, which they will find larger than it looks and very welcoming. Councilmember Krebsbach commented on the success of the Mendota Heights Park Celebration and great turnout of residents and staff both working and participating in the 5K Walk/Run. Councilmember Krebsbach commended parents who, generation after generation, have worked with children ADJOURN Ayes: 3 Nays: 0 ATTE Jack V Acting ayor June 15, 2010 Page 10 through the Mendota Heights Athletic Association and the T -ball program. There being no further business to come before the Council, Councilmember Duggan moved to adjourn the meeting. Councilmember Krebsbach seconded the motion. Time of Adjournment 7:57 p.m. Nancy Bier Acting City Clerk Prepared by Carla Wirth, Recording Secretary