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2007-05-15 City Council minutesMay 15, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 15, 2007 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock 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 7:30 p.m. The following members were present: Councihnembers 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 Krebsbach seconded the motion. Councilmember Duggan moved to approve the minutes of the May 1, 2007 City Council Meeting as corrected. Commissioner Schneeman seconded the motion. Councilmember Krebsbach moved approval of the consent calendar as presented, pulling items j, ln, and n for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the May 8, 2007 Parks and Recreation Commission Meeting. b. Acknowledgement of the Fire Department April 2007 Monthly Report. c. Acknowledgement of April 2007 Treasurers Report. d. Authorization for Purchase Order for 2007 Trail Rehabilitation Projects. e. Authorization for Purchase Order for 2007 Tennis Court Crack & Surface Repairs. f. Authorization for Purchase Order for Skate Park Components for Roger's Lake Park. g. Authorization for Purchase Order for Replacement of Rooftop Heating Unit at Fire Station. h. Authorization for Purchase Order for Self Contained Ayes: 5 Nays: 0 ITEMS PULLED FOR DISCUSSION May 15, 2007 Page 2 Breathing Apparatus. i. Approval of Firefighters Successful Completion of Probationary Period. j. Approval of Sanitary Sewer Policy. k. Approval of Awarding Contract to Gartzke Construction, Inc. for Storm Water Repair at TH 13 and Wachtler, City Project No. 200511. I. Adoption of Resolution No. 07-35: "RESOLUTION FORMALLY ACKNOWLEDGING RECEIPT OF DONATED TREE TO THE CITY OF MENDOTA HEIGHTS". m. Adoption of Resolution No. 07-36: "RESOLUTION APPROVING A LOT LINE ADJUSTMENT AT 1900 WACHTLER AVENUE". n. Adoption of Resolution No. 07-37: "RESOLUTION DENYING A COMPREHENSIVE LAND USE PLAN AMENDMENT FROM "I" TO "B" DISTRICT". o. Adoption of Resolution No. 07-38: "RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENT HEARING FOR THE KIPP ADDITION IMPROVEMENT PROJECT (IMPROVEMENT PROJECT NO. 200702)". Adoption of Resolution No. 07-39: "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IVY FALLS NEIGHBORHOOD IMPROVEMENT PROJECT (PROJECT NO. 200602)". Approval of the List of Contractors. Approval of the List of Claims. p. q. r. Councilmember Duggan referred to Item d and said there was an increase in relation to the budget ($2,000 more) but it is not large enough to have a discussion. Mayor Huber asked Finance Director Kristin Schabacker if there is enough financing available for this. Ms. Schabacker said there was. Coucilmember Krebsbach referred to Item 1 and said she wants to make sure that the Mendota Heights Garden Club is recognized for this donation. Mayor Huber said they have been doing this every year since 1991, and the City really appreciates this. Councilmember Schneeman seconded the motion. Item m.: Councilmember Krebsbach asked for clarification of the proposed lot line because one of the requirements for approval was that there would be a large back yard on Parcel A. Public Works Director Sue McDelinott reviewed the site map showing where the lot line will be moved. May 15, 2007 Page 3 Councilmember Krebsbach moved adoption of Resolution No. 07 -36, "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT AT 1900 WACHTLER AVENUE." Councilmember Duggan seconded the motion. Item j.: Councilmember Duggan said the sanitary sewer maintenance policy is very thorough and complete, but it seems this is emanating from the problem with the golf course not having a grease trap. If not this year, perhaps next year money could be used to provide for a grease trap. Ms. McDermott said Staff has been working with the golf course and they have plans to do some improvements to the club house and this would be the appropriate time to require the addition of the grease trap. In the meantime, the situation will be monitored on a monthly basis to ensure there will be no problems. Councilmember Duggan said he is delighted that because of previous issues, the LMCIT is working with the City. Councilmember Duggan moved approval of the Sanitary Sewer Policy as presented. Councilmember Schneeman seconded the motion. Item n.: Councilmember Duggan asked the City Attorney to look at Item #1 as she has a suggested language change. City Attorney Tami Diehm said the suggestion is to change the first fmding of fact to read "Commercial use is inconsistent with the City's current vision for the area." Councilmember Krebsbach said she does not agree with this. Ms. Diehm said currently under the comprehensive plan, this area is guided industrial use and by denying the resolution, which would change this from industrial use to commercial use, the Council would have to adopt a finding that commercial use is not what is currently called for in the City's visionary document, which is the comprehensive plan. Councilmember Krebsbach said this should be referred to as being inconsistent with the City's vision as articulated in the comprehensive plan. Councilmember Schneeman said that sounds good. Ms. Diehm said that would be fine. Councilmember Duggan moved approval Resolution No. 07- 37, "A RESOLUTION DENYING A COMPREHENSIVE Ayes: 5 Nays: 0 PUBLIC COMMENTS May 15, 2007 Page 4 LAND USE PLAN AMENDMENT FROM "I" TO "B" DISTRICT." Councilmember Krebsbach seconded the motion. Nancy Skadron spoke about the signs placed in the city such as garage sale and realtor signs. These signs are placed by private citizens on public property and makes the community look shabby and uncared for. Ms. Skadron said these signs are breaking the rules of the ordinance. Mayor Huber said the ordinance has an exception for garage sales, rummage sales, signs in conjunction with the sale of household goods, real estate signs, election signs. Mayor Huber asked Mr. Danielson if there are signs that are causing problems. Mr. Danielson said these signs are allowed, but one of the main problems is that people forget to remove their after their event. Ms. Skadron said at this point, these signs have overstayed their welcome. Councilmember Krebsbach said there are a lot of signs that advertise services (home improvement, painting, etc.) and feel that it may be good to have Public Works go around to monitor these signs. Mr. Danielson said the maintenance workers are asked to pick up these signs when see them, keeping them at the city garage so owners can claim them. The pickups are done during the normal course of work, when the workers see them on their normal routes. Councilmember Schneeman said she has previously called real estate companies to ask therm to remove signs on homes that have been sold, and has not seen any action taken by the real estate companies. Councilmember Duggan suggested a letter be sent to the real estate companies, and other companies advertising their businesses, stating that they are not abiding by the ordinances (available at City Hall) and are in violation of breaking the ordinances. Mayor Huber reported that the May Spring Cleanup was a success and had 209 participants. The City received about $1,200 to disposal of the items, and Mayor Huber thanked all the volunteers who worked on this project. ROGERS LAKE WATER QUALITY May 15, 2007 Page 5 Mr. Tony Kinzley, St. Thomas Academy Environmental Studies Instructor, introduced students who gave presentations on the water quality tests at various sites around Rogers Lake. Ben Schneeman introduced the Rogers Lake Water Quality Report for 2007. Mr. Schneeman said this project began in September, 2006, and explained the water quality testing procedures. Mr. Schneeman said nine water tests are done: 1. Dissolved Oxygen Test 2. Turbidity 3. Total Phosphate 4. Nitrate 5. PH 6. Change in Water Temperature 7. Biochemical Oxygen Demand 8. Fecal Colifolm 9. Total Solids 10. Overall Water Quality 11. Benthic Test Andrew Spear, reviewed site averages, and said the group has identified that the oxygen in the lake is excellent. Spencer said there had been poor accuracy in testing last year, but now the students have better testing kits. Fecal Colifonn is very low in the lake, which shows Rogers Lake is very clean. BOD5, PH, Change in Temperature, Turbidity and Nitrate all were in the normal healthy range. Overall, the water in Rogers Lake is very good and constantly improving. Mr. Smith spoke about the concerns of the phosphate levels in the lake that come from runoff from yards, and a lack of buffer zones, and littering (esp. around Wagon Wheel Trail). Mike Williams reviewed a map showing the buffer zones and encouraged residents to not use phosphate chemicals on their properties. Improvements can always be made, but overall the lake is getting to be the best it has ever been. Councilmerber Vitelli said he believed state law now prohibits phosphates in fertilizer. Ms. McDermott said that is true, unless a resident conducts a soil test of property which determines phosphates are needed, and there is still HEARINGS: 3.2 MALT LIQUOR LICENSES May 15, 2007 Page 6 some residue on yards from a few years ago, and it appears that this will, in time, go away. Mr. Williams said some property owners dump grass clippings /yard waste into the lake, which puts some of this phosphate into the lake. Councilmember Schneeman asked if there are any geese around the lake. Mr. Williams said there are a couple, but not too many to be concerned about. Councilmember Krebsbach referred to testing sites 8 and 9, and asked if there have been any changes because of the large culvert that was placed there. Mr. McKinley said there have been no changes noticed. Mayor Huber said there were a couple of references to runoff from Wagon Wheel Trail, and asked if there is something needed to be worked on. Ms. McDermott said eventually, Staff will propose to upgrade Wagon Wheel Trail and place curb, gutter, and storm sewer which will better control this area. Councilmember Duggan asked if there have been requests to St. Thomas Academy to work on the north area of the lake. Mr. Kinzley said not to his knowledge, and they have never performed tests in that area. This could be done if needed. Mayor Huber thanked the presenters for their work. Council acknowledged a memo from the City Clerk regarding applications from Speedway SuperAmerica 4516 and 4521 for renewal of their 3.2 malt beverage off -sale licenses and from Par 3 Golf for renewal of its on -sale 3.2 malt beverage license. Mayor Huber opened the meeting for the purpose of a public hearing on an applications from Speedway SuperAmerica LLC for renewal of its 3.2 malt beverage off -sale licenses for Speedway SuperAmerica #4516 and #4521. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Duggan moved that the hearing be closed. May 15, 2007 Page 7 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to grant renewal of a 3.2 malt beverage off-sale licenses to Speedway Super America #4516 and #4521. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Huber opened the meeting for the purpose of a public hearing on an application from Village Market & Deli for renewal of its on-sale 3.2 malt liquor license the Sage Market & Wine Bar. There being no questions or comments, Councilmember Duggan moved that the hearing be closed. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved approval of the 3.2 Malt Liquor (On-Sale License) for Sage Market and Wine Bar as presented. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Huber opened the meeting for the purpose of a public hearing on an application from Mendota Golf LLC for renewal of their 3.2 malt beverage on-sale license for the Mendota Heights Par 3. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Duggan moved that the hearing be closed. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to grant renewal of an on- sale 3.2 malt beverage license to Mendota Golf LLC for the Mendota Heights Par 3. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 07-10, RJ RYAN Assistant to the City Administrator Jake Sedlacek May 15, 2007 Page 8 said the applicant, RJ Ryan, is seeking to construct a new building on Northland Drive and Highway 55. The application needs a variance to the setback from Highway 55. The Planning Commission voted 7 -0 to recommend approval of the variance based on the condition that RJ Ryan procuring the appropriate building permits. A hardship was identified as the building is a reasonable use of the property and the condition was not caused by the property owner. Councilmember Krebsbach asked what the height of the building is. Mr. Sedlacek said the applicant can provide that info' 'nation. Councilmember Krebsbach said she has asked that comments and approval from the adjoining property owners be obtained. Mr. Sedlacek said the proper notification went out and there were no attendees at the public hearing before the Planning Commission Meeting. Nate Sherman, Project Manager for RJ Ryan, said he has received two signatures from adjacent property owners showing support of this project. He said after several calls, he was not able to contact the owners of Kressel Printing. Mr. Sherman reviewed elevation plans and materials that will be used. Mr. Sheiman said the height of the building would range from 21 -ft at the highest point, to 18 -ft at the lowest point. The building will be single story. Mr. Sherman said there will be rooftop HVAC and explained how this equipment will be screened/blocked from view. Councilmember Krebsbach said the other property owners had to adhere to special conditions for their buildings, and expressed her concerns with the view along Northland Drive, as the back of this proposed building will be facing the fronts of the businesses along Northland Drive. Mr. Sheirzian said there will be significant landscaping along Northland Drive. Councilmember Schneeman asked who the landscape designer is on this project. Mr. Sherman said Lambert Architects. Councilmember Schneeman said it does not appear that the applicant is doing a cheap job on this project, Ayes: 5 Nays: 0 VALLEY PARK TENNIS COURTS May 15, 2007 Page 9 and Lambert is a very reputable business and does excellent work. Councilmember Krebsbach asked the applicant to double check with General Pump and Tauge to make sure these businesses are comfortable with the plans, and to make sure there is adequate buffering along the Northland Drive side of the building. Councilmember Duggan suggested an additional tree, such as an evergreen, to further provide screening as it matures, and soften the landscaping design. Councilmember Krebsbach asked the applicant to go back to the architect to confirm that there will be proper / adequate buffer and landscape finish that will compliment the other businesses in the area. Councilmember Vitelli moved adoption of Resolution 07-10, "A RESOLUTION APPROVING THE A VARIANCE TO THE SETBACK FROM HIGHWAY 55" as presented and recommended by the Planning Commission. Councilmember Schneeman seconded the motion. Councilmember Vitelli asked why, since this is only a review of the variance proposal, does the Council get involved in talking about the landscaping. If the variance was not required, this discussion would not come to the Council. Councilmember Duggan said ultimately it would, as the Council would need to review the overall plan. Councilmember Krebsbach said the history of the City has been that the Council always has input on these projects to ensure the uniformity and level of quality in these buildings. Guy Kullander discussed the maintenance issues regarding the tennis courts, and said the Council asked the Parks and Recreation Commission to consider taking the tennis courts in Valley Park out of service due to the deterioration of the court surfacing and high cost of routine maintenance. Partitions were received by the surrounding neighbors to keep this court in working order and maintained. The Parks and Recreation Commission voted 7-0 to recommend the City Council leave money in the budget for maintenance of this tennis court. Staff was directed to obtain bids for May 15, 2007 Page 10 resurfacing. The money in the budget was for about $10,000 - $12,000 for the maintenance of this court, and has been historically what was paid a few years ago when Wentworth Park was done. Mr. Kullander reviewed some new materials that are available and presented the concept of using Sports Tile, which is a poly- carbonate plastic. Mr. Kullander explained that the cost of this court material would greatly save the need to maintenance over time. The Parks and Recreation Commission voted 5 -0 in support of installation of the "Sport Court: brand tile system, Option #2 -SDIV at the cost of $44,672.00, to be installed at the Valley Park tennis courts in 2007, with 50% of the funds coming out of the Special Park Funds. Councilmember Schneeman said she has heard that people like this material because it's easier on peoples' joints. Mr. Kullander said he spoke to Eagan's staff and found they were very happy with this material on their courts. Councilmember Duggan asked if these panels are easily replaced. Mr. Kullander said that was correct, as they order cases of tiles and can easily be replaced. Ms. Schabacker said funds can come from the cell tower fund, which receives about $78,000 per year. About $15,000 from that fund was used for the batting cases. Councilmember Vitelli asked for a comparison of the funds for maintenance and the funds for the proposed plan. Mr. Kullander said the resurface system would give about 12 years worth of maintenance costs (3 full applications, plus crack filling and touchup costs of $2,500 per year). Mr. Kullander said the City receives a lot of complaints relating to safety when the surface begins to crack and water gets underneath the surface. Mr. Kullander said if the City goes with this sport tile, there will be no maintenance issues and hopefully this option will last well for about 15 years. The sport tile also has a 10 -year warranty. Councilmember Vitelli said it seems to be a toss -up either way. Mayor Huber said the City has other courts that are moving towards the same issues and perhaps over long term, the City May 15, 2007 Page 11 will be weighing out the maintenance fees with traditional resurfacing, or going more money on the maintenance free option. Mayor Huber said he thinks it's worth trying and see how it works, and see how the residents react without do all courts this way. Councihneinber Vitelli suggested to then take the savings of the maintenance costs and remove that amount from the budget when the next budget review come up. Councilmember Krebsbach asked what the condition of the court be after 10 years. Mr. Kullander explained the only minor maintenance would be blowing leaves and picking up trash. The color and lines of the tiles will stay intact and there will be no need to repaint this area. Councilmember Vitelli moved approval of the Sport Tile as recommended by the Parks and Recreation Commission as presented, with the reasoning this would be a toss up either way and it would be good to try the material on one court. Councilmember Schneeman seconded the motion. Mr. Kullander said he would also like to post notices on the other courts to invite residents to try this new material at Valley Park to see what they think of the product. Councilmember Duggan asked how the tiles could be lifted. Mr. Kullander explained that no tools are needed and the matting can be easily lifted by hand. However, small tools would be needed to replace tiles and it would be very difficult for any person to remove these tiles without these tools. Ayes: 5 Nays: 0 WORKSHOPS Mayor Huber said in light of the fact that the Council will be meeting on the 2030 Comprehensive Plan, he would like to hold off having a workshop regarding Paster Enterprises until after the comprehensive plan workshop. Councilmember Duggan moved to hold the 2030 Comprehensive Plan Workshop at City Hall on May 30, 2007 at 7:00 am, and to hold off discussions on Paster Enterprises until after this workshop. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PAR 3 UPDATE COUNCIL COMMENTS May 15, 2007 Page 12 Mr. Sedlacek said the first task force meeting was held on Friday, May 1 lth. The task force members include: Jerry Murphy (former General Manager of Somerset Golf Course), Dave Bergen (current Manager at Par 3) and Paul Portz (Park and Recreation Commissioner). These task force members are working from the mind set that this is a successful business and seeking to find what this business will become to the residents of the city. The team has been reviewing issues and taking stock of what is needed, and what is wished for. The manager of the Burnsville golf course will be walking the Par 3 course with the team and provide the team with some insights. Also, the team will be meeting with the league insurance trust staff to give some input. Plans are to bring back to the Council at the next meeting a recap of what the burning needs are and some other operational issues. Councilmember Krebsbach said she heard that Somerset and Mendakota courses are being very cooperative and supportive of this course and offering assistance where needed. Mr. Sedlacek reviewed the "Celebrate Mendota Heights Parks" with a concert in the park on Friday, June 1st at the Village, and the park celebration on Saturday, June 211d. Mayor Huber said the 5K Walk/Run begins at 9:00 am on Saturday, and there is a registration process and cost of $15.00 presale / $20.00 day of run. Councilmember Vitelli announced he has a new grandson. Councilmember Schneeman announced that Mayor Huber has been elected "President, Alumni Association" at the University of St. Thomas for the next two years. Councilmember Schneeman said Kimberly Mazcko, daughter of Fire Chief John Mazcko, and a St. Paul Central High School student, was a honoree of the 2007 Salute to You recognition event. ADJOURN Ayes: 5 Nays: 0 May 15, 2007 Page 13 Councilmember Krebsbach said Brown College has been growing and the Council has not received any updates on this growth, and asked Staff to provide some updated infoluiation on the security systems, campus operations, emergency contact information. There being no further business to come before Councilmember Duggan, moved to adjourn the City Council meeting. Councilmember Krebsbach seconded the motion. Time of Adjournment: 8:48 p.m. Rebec affer ATTEST: / Recording Secretary