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2013-03-05 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 5, 2013 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. Councilmember Norton arrived at 7:01 p.m. 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 Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: Norton PRESENTATIONS A) DARTS INVITATION TO "POWER & POSSIBILITIES OF AGING" COMMUNITY CONVERSATION Colleen Fritch, spokesperson from DARTS, explained that on March 21, 2013 DARTS and the City of Mendota Heights are hosting a community conversation on aging. This event will take place from 6:30 p.m. to 8:30 p.m. at the Mendakota Country Club. She explained there will be more people retiring this decade than in the last four decades combined, which is the reason for the community conversation on "Power & Possibilities of Aging ". Experts participating in the event include a DARTS expert on transportation, resource specialist on in -home services, a wellness expert from Anytime Fitness, a Dakota County Public Health representative, a Dakota County Community for a Lifetime representative, and Access Solutions on home modifications. March 5, 2013 Mendota Heights City Council Page 1 B) ST. THOMAS ACADEMY STUDENT WATER QUALITY REPORT Mr. Tony Kinzley, teacher of AP Environmental Science at St. Thomas Academy, stated there were approximately forty students who participated in the water quality study of Rogers Lake, which were required to prepare a formal group presentation. The winning group presented the findings to the City Council. Mr. Charlie Johnson explained that the students tested six different sites on Rogers Lake over a ten week period. They performed twelve different sets of testing and collected nine different tests at each site, equating to over 650 pieces of total data, analyzed and averaged that data to one number per test. The average score for each test mainly fell in the GOOD range, which shows the healthiness of Rogers Lake. There were three that were borderline high: change in temperature, total phosphate, and total solids. Mr. Joe Mahowald spoke about the positive aspects received from the lake this year in regards to dissolved oxygen, fecal coliform, biochemical oxygen demand, pH, nitrate, and turbidity. All fell in the acceptable range. Mr. Chad Hansen shared aspects of the lake that have opportunities for improvement which included the change in temperature, total phosphates, and total solids. Mr. Kevin Muckley explained the ways to decrease the phosphates and total solids in the lake, including proper application and minimal use of fertilizers within the neighborhoods surrounding the lake, sweeping yard waste and fertilizers from the pavement and the gutters along the streets and driveways, picking up pet and goose waste, maintaining buffer zones between the yards and the lake front, and using organic de -icing substitutes. The overall quality of the lake is 75.93, which is a GOOD rating. Councilmembers commented on how much they appreciated the testing and reports that the students provide each year. They also commented on the efforts that the city has made and will make in the future to continue to improve the quality of Rogers Lake. CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling item E) Approval of Resolution 2013 -16, Denial of Conditional Use Permit for Accessory Structure, 1815 Valley Curve Road; Planning Case 2012 -34. a. Acknowledgement of February 19, 2013 City Council Minutes b. Acknowledgement of February 26, 2013 Planning Commission Minutes c. Receipt of January 2013 Fire Department Synopsis Report d. Approval of Out of State Travel for Fire Department e. Approval of Resolution 2013 -16, Denial of Conditional Use Peiniit for Accessory Structure, 1815 Valley Curve Road; Planning Case 2012 -34 f. Approval of Resolution 2013 -15, Amendment to Commercial Storm Sewer Utility Rates g. Approval of Resolution 2013 -18, Plans and Specification and Authorize Advertisement for Bids, Crown Point/Overlook Street Project March 5, 2013 Mendota Heights City Council Page 2 h. Receipt of February 2013 Building Activity Report i. Receipt of January 2013 Treasurer's Report j. Approval of Contractor List k. Approval of Claims List Councilmember Petschel seconded the motion. Ayes: 4 Abstention: 1 (Duggan on 6a. due to his absence from the meeting) Nays: 0 PULLED CONSENT AGENDA ITEM E) APPROVAL OF RESOLUTION 2013-16, DENIAL OF CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE, 1815 VALLEY CURVE ROAD; PLANNING CASE 2012 -34 Councilmember Duggan commented that he received many calls about the decision made on the raising of racing pigeons and that a lot of cities (i.e. New York City, Chicago) have lots and lots of pigeons. Councilmember Povolny moved approval of Resolution 2013-16, Denial of a Conditional Use Permit for Accessory Structure, 1815 Valley Curve Road, Planning Case 2012 -34. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS The following students were in attendance as a requirement to further their work towards their Citizenship in the Community merit badge: Charlie Grobner, St. Joseph's School Nathan Lucas, Friendly Hills Middle School Joe Grobner, Friendly Hills Middle School Jason Lucas, Henry Sibley High School Jason Lucas explained that the Citizenship in the Conununity merit badge involves participating in events to learn how a community is run. March 5, 2013 Mendota Heights City Council Page 3 UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2013 -01; ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT FOR ADULT DAYCARE, 1385 MENDOTA HEIGHTS ROAD, ORDINANCE 446 AND RESOLUTION 2013 -14 Assistant to the City Administrator Jake Sedlacek explained that this planning application has two actions related to it. The first is to determine if an adult daycare, as a use, fits within the I—Industrial zone. Currently, daycare centers for either youths or adults are allowed in most business zones but daycare use of any type is not allowed in an industrial zone. The request is whether or not the City would allow an adult daycare in the industrial zone, which would require a code amendment. The applicant has proposed that the code be amended to add Adult Day Care as a conditional use permit. The language proposed for the code amendment was reviewed by the Planning Commission at their last meeting and was recommended for approval making sure that daycare uses in the industrial zone would be limited to those for people eighteen years of age or older. Mayor Krebsbach asked for a definition of a daycare. City Attorney Tami Diehm commented that the generally accepted definition would be a place where people gather during the day but nobody resides. Assistant to the City Administrator Sedlacek stated the definition of a daycare center in the zoning code is "a facility which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis for periods of less than twenty-four hours per day in a place other than the persons own home". Mayor Krebsbach asked if there is any definition for license and if there was any staff to client ratio requirements. Councilmember Petschel pointed out that there is a definition in the code amendment that indicates they must be licensed by the State of Minnesota and that the licensing, in terms of number of employees and relation of employees to individual, would be covered by the licensing. Assistant to the City Administrator Sedlacek also noted that the staff to client ratio is something that is entirely within the jurisdiction of the state as licensing requirements are defined and enforced by the state; therefore, it is not something that a city would weigh in on. Councilmember Duggan asked if the separate entrance would be wide enough to accommodate a gurney if ambulance service is necessary. Assistant to the City Administrator Sedlacek answered that this would be part of the licensing requirement and part of the state inspection of the facility prior to issuing a license. Councilmember Duggan also asked if there would be adequate bathroom facilities and the appropriate Sewer Availability Charge (SAC) charge. Assistant to the City Administrator Sedlacek replied that the bathroom facilities would be covered under the state licensing requirements and the SAC charges be covered by the building permits. Mayor Krebsbach asked if this facility would be specific to a particular group of people or if it would be open to any who might want to participate in adult daycare. Assistant to the City Administrator replied that both the ordinance and the conditional use permit do not specify any particular group served except that they would need to be over eighteen years of age. Page 4 March 5, 2013 Mendota Heights City Council Councilmember Duggan moved adoption of Ordinance No. 446, An Ordinance Amending Titled 12, Chapter 1, Section G of the City Code to Accommodate Adult Daycare in Mendota Heights in the Industrial Area. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Assistant to the City Administrator Sedlacek stated that the planning application is for a Conditional Use Permit (CUP) for an adult daycare. The site is at 1385 Mendota Heights Road and is two parcels. The request is to have an adult daycare facility at the location, a current existing space which has been vacant for some tune. The use is a mix of both office and the daycare facility. The applicants have provided detailed drawings of what the interior of the building might look like. The applicants have described traffic impact as having regular office workers on site but they will also bring clients to the site primarily using their own vans, generally from mid - morning to mid- afternoon. The traffic impact for this request is very minimal. The Planning Commission did recommend approval of the Conditional Use Permit. Mayor Krebsbach asked if this daycare facility would be open to anyone who wishes to attend. Mr. Yorn Yan, Executive Director of the United Cambodian Association of Minnesota, commented that the daycare is targeted for South Asian Seniors but would be available for anyone to attend. The association provides transportation because ninety -five to ninety -six percent of their clients do not drive. He does not believe that traffic will be an issue because they have three vans that they would use to provide transportation to and from the facility. Councilmember Duggan asked what the estimated number of adults would be that would be using the facility. Mr. Yan replied that they expect about twenty to twenty -five adults a day, three days per week, from 9:00 a.m. to 1:00 p.m. Councilmember Duggan then asked how many staff members would be present. Mr. Yan answered that each staff member would be responsible for four participants; so there would be four to five staff members on hand. This ratio is determined by the State of Minnesota. Councilmember Duggan asked about the food service provided. Mr. Yan replied that the meals would be prepared at a licensed restaurant, brought to the site on a daily basis, and then warmed up at the facility before serving. All of this would be regulated by the State of Minnesota. Councilmember Duggan also asked about the `chronic disease self - management and diabetic sessions' listed on the activity roster as these are highly intensive and require skilled personnel. Mr. Yan answered that they do have a registered nurse available for the clients on location each day that the daycare is open for two hour sessions. Councilmember Petschel made the observation that she is delighted they are moving into the business park and commended them for providing what must be a much needed service to South Asian seniors. Councilmember Duggan moved adoption of Resolution 2013 -14 Approving a Conditional Use Permit for an Adult Daycare at 1385 Mendota Heights Road. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 March 5, 2013 Mendota Heights City Council Page 5 B) APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR FIRE TRUCK REPLACEMENT, RESOLUTION 2013 -17 Fire Chief John Maczko and Assistant Fire Chief Dave Dreelan explained that the Fire Department has had a capital replacement plan for a number of years with an overall goal of replacing five major pieces of equipment. The department purchases a major piece of equipment every five years. The 1978 fire truck was scheduled to be replaced in 2014; however, the existing motor is not functioning. The bid specs have been designed to ensure that the city is obtaining a piece of equipment that will serve very well now and into the future, as is compatible with the equipment that is already there. The truck that is proposed to be purchased is very much comparable to the truck that was purchased in 2009 in chassis, in firefighter complement, in the pump, roll-up doors, and basically a model that would support the moving of a piece of equipment from the old truck onto this new one. It was noted that Councilmembers Povolny and Norton were part of the sub-committee that investigated the purchase of this truck. At this point, the department is requesting to be able to move forward with bidding the truck, schedule a pre-bid conference for Thursday, March 7, and schedule the bid opening for April 4. Current budget is estimated at $550,000 and the successful bidder will actually receive the existing truck and be expected to dispose of it accordingly. The department is also asking in the bidding process for the successful bidder to provide a loaner vehicle until the new truck is delivered. Councilmember Povolny stated the department did a good job of putting together the bid specifications. He feels they were very complete and thorough and believes it should be ready to bid. Councilmember Norton echoed Councilmember Povolny's comments and asked Chief Maczko to discuss the value of the old truck. Chief Maczko replied that the secondary market for these types of trucks is typically for rural departments and the size of the water tank that rural departments want or need is much different than what is available in an urban environment. Repairing the engine on the non- working vehicle would be approximately $27,000 and it is questionable if they could get that amount for the trade in. Anticipated delivery of the truck would be at the end of 2013 or early 2014. Mayor Krebsbach asked about the timeline for the financial commitment. Finance Director Kristen Schabacker replied that there would be an amount due when the bid is awarded for the chassis, which would provide the city with significant savings. Typically, there is a six month lead time from when the bid is awarded to when the chassis is delivered. The balance would be due upon delivery of the truck. Councilmember Duggan asked if there is an estimated cost for the use of a loaner. Chief Maczko replied that there is currently not an estimate on the use of a loaner, but builders have made available trade-ins for use as loaners and the cost of those depends on what the market is able to bear. March 5, 2013 Mendota Heights City Council Page 6 Further clarifying questions were asked and answered in regards to refurbishing the old Squrt or purchasing a new one. Mayor Krebsbach asked what is ahead after this purchase. Chief Maczko replied that the next unit in the plan is the heavy rescue equipment. Councilmember Povolny moved to approve Resolution 2013-17; Approving Specifications and Authorizing Advertisement for Bids for a 1500 GPM Engine with 55' Squrt. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Povolny commented that St. Thomas will be playing in the state hockey tournament this weekend. He also asked about the front end loader. City Engineer John Mazzitello replied that the front end loader is scheduled to be delivered by the end of March. Councilmember Duggan commented that since there has been so much snow this year, he is sure the fire department would appreciate it if residents would adopt a fire hydrant and shovel it out to make it easier to reach should there be a fire in the neighborhood. Since the Council would not be meeting until afterwards, Councilmember Duggan wished everyone a Happy St. Patrick's Day. Councilmember Petschel stated that the Mendota Heights Moms Club is going to be sponsoring a community blood drive. The blood mobile will be in front of the Kraus home on March 23 from 9:30 a.m. to 2:30 p.m. Daycare will be available, appointments can be scheduled in advance, and walk-ins are welcome. Ms. Kraus can be reached at plraus@comcast.net Councilmember Petschel also commented on the two perfect ACT scores at St. Thomas Academy, one by Connor Plunket and one by Walker Lee. 1.7 million Juniors take the ACT test and there are only 781 perfect scores. City Administrator Justin Miller expressed his appreciation to the public works department for their ongoing work all winter, especially over the past night. Mayor Krebsbach stated, with great sadness, that there was a fatality off of Delaware and expressed condolences to the family. Mayor Krebsbach also thanked NDC 4 and Town Square Television for covering the State of the City Address and for the work of staff in preparation. Mayor Krebsbach also wished all of the residents a Happy St. Patrick's Day. March 5, 2013 Mendota Heights City Council Page 7 ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:24 p.m. Lorri Smith City Clerk March 5, 2013 Mendota Heights City Council 6.Sidra Krebsbach Mayor Page 8