2012-05-15 City Council minutesMendota Heights City Council May 15, 2012
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 15, 2012
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Duggan, Povolny, Petschel and Vitelli.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the
agenda.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Duggan moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein; pulling items D) Approval of
Joint Powers Agreement for Road Names and Address Database; F) Recognition of National Public
Works Week; H) Revised Public Purpose Expenditure Policy; I) Authorize Appointment of City Clerk;
and K) Dakota County Capital Improvements Program Request
a. Acknowledgement of April 24, 2012 Planning Commission Minutes
b. Acknowledgement of April 10, 2012 Parks and Recreation Commission Minutes
c. Approval of Sign Permit for 1200 Centre Pointe Drive
d. Approval of Joint Powers Agreement for Road Names and Address Database
e. Award of Professional Services Contract for Geotechnical Services on 2012 Public Improvement
Projects
f. Recognition of National Public Works Week
g. Approval of Plans and Specifications and Authorization to Advertise for Bids for Lemay Lake Road
Neighborhood Improvements
Mendota Heights City Council May 15, 2012
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h. Revised Public Purpose Expenditure Policy
i. Authorize Appointment of City Clerk
j. Approve Hiring of Seasonal Public Works Employee
k. Dakota County Capital Improvements Program Request
l. Authorization to Complete the Wagon Wheel Trail Pedestrian Facility
m. Approval of Critical Area Permit, Planning Case 2012-13; 1145 Kingsley Court
n. April Par 3 Report
o. Approve the Contractors List
p. Approve the Claims List
q. Acknowledgement of May 1, 2012 City Council Minutes
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA TOPIC D
APPROVAL OF JOINT POWERS AGREEMENT FOR ROAD NAMES
AND ADDRESS DATABASE
Councilmember Duggan explained that he asked for this to be pulled from the Consent Agenda to make
a comment. St. Peter’s had a bit of a challenge recently when a 90-year resident fell and it took the
ambulance approximately fourteen to sixteen minutes to arrive. Thankfully it was nothing cat astrophic.
After this incident, Councilmember Duggan had requested that DCC [Dakota Communications Center]
ask all of the cities in Dakota County to identify odd names, locations, or commonplace names in their
areas that the people at DCC might not know.
Chief of Police Michael Aschenbrener, at the request of Mayor Krebsbach, stated that DCC was on top
of this situation well before it came to his or anyone else’s attention. The new CAD system that was
implemented and then removed in December had commonplace names and several hundred hours of
time committed by local and DCC staff. Hopefully when that is resurrected and up and running, all of
those commonplace names will automatically populate and be tied in with the GIS. The portion before
the Council specifically dealt with the technical side of this system.
Councilmember Duggan moved Approval of Joint Powers Agreement for Road Names and Address
Database
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA TOPIC F
RECOGNITION OF NATIONAL PUBLIC WORKS WEEK
Mayor Krebsbach explained that this is to dedicate the week of May 21 through May 25 to recognize the
Public Works employees. The Public Works employees take care of the parks, plow the snow, clean the
gutters, clean the sewer systems, and everything that is the physical dimension of the city.
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Public Works Director John Mazzitello stated that, day in and day out, the work of the Public Works
employees typically goes unnoticed and almost for granted. As long as the water comes out of the tap
and the toilet flushes and there are no potholes in front of the house, people go about their daily lives
and do not really think about what Public Works does for them day to day and how they impact lives.
The American Public Works Association, the national professional organization for public works
employees, advocates for one week every May to be dedicated to the recognition and appreciation of the
Public Works employee; from jet cleaning the sewers to filling pot holes to plowing snow to patching
curb, they are out there every day making the quality of life of our city and every city that much better.
Mayor Krebsbach mentioned that, as the resolution states, the city streets, sanitary sewers, storm sewers,
trails, and parks are considered the backbone of the city.
Councilmember Vitelli mentioned that in his 12 years of being on the council he has never received a
complaint about any of the duties that the Public Works Department is responsible for. However, he has
received notes that were complimentary.
Councilmember Duggan moved Adoption of A RESOLUTION RECOGNIZING NATIONAL PUBLIC
WORKS WEEK AS THE WEEK OF MAY 21, 2012 THROUGH MAY 25, 2012
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA TOPIC H
REVISED PUBLIC PURPOSE EXPENDITURE POLICY
City Administrator Justin Miller explained that staff has been reviewing several of the policies that the
Council has adopted over the past several years just to make sure they are still accurate and reflecting
current practices. This policy is one of those that the city was required to approve in 2006, at the request
of the state auditor at the time, reflecting what can and cannot be used for an appropriate public
expenditure. Basically what this item does is reflect current practice. The changes include:
1. Recognizes that the annual all-employee event with city staff, council, and the commissions is a
recognition event and not a social event
2. Clarifies what is current practice in that city funds will be used for the City Council, staff and
commission members, and that any guest or spouse will need to pay out of their own pocket
Councilmember Petschel moved Approval of the Revised Public Purpose Expenditure Policy.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
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PULLED CONSENT AGENDA TOPIC I
AUTHORIZE APPOINTMENT OF CITY CLERK
City Administrator Justin Miller explained that this is a request to hire Lorri Smith as the new City
Clerk. City Administrator Miller, Chief of Police Michael Aschenbrener, and HR Coordinator Tamara
Schutta interviewed candidates and brought Ms. Smith back as the sole finalist. Ms. Smith has spent the
last fifteen years as the Deputy City Clerk for the City of Faribault; she has handled elections, document
management, records retention, licensing, and everything that Mendota Heights is asking for in thei r
City Clerk. She is familiar with the Laserfiche system that the city is getting up and running so that is
very important.
Councilmember Vitelli moved to Appoint Lorri Smith as City Clerk effective Monday, June 11, 2012.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA TOPIC K
DAKOTA COUNTY CAPITAL IMPROVEMENTS PROGRAM REQUEST
Councilmember Duggan noted that on page forty-five that there seemed to be an alternative #1 and #2;
cannot have an alternative #1 and #2 – there should only be an alternative. There was also a difference
in dollars $32,000 and $39,000 and he was not sure which one was being promoted or recommended.
Mayor Krebsbach asked for an explanation of what the cost saving is and what the amount the City
receives. Mr. Mazzitello replied that the chart in the council packet was produced by the Lower
Mississippi River Watershed Management Organization as a calculation of Allowable Flow. It figures
the portion of the stormwater that is being drained through the area in question. The improvement
alternative #1 is a less extensive drainage improvement than alternative #2; the cost difference is
approximately $7,000. This is to be implemented in 2015 in conjunction with a Department of
Transportation reconstruction of Highway 13. That design process is largely going to drive which
alternative is chosen. The dollar figures that are in the table are in 2010 dollars. Under the Dakota
County program, the city is requesting inclusion with this resolution; the county would contribute that
portion of the Mendota Heights cost that comes from county right-of-way; which could be up to one-half
of the total cost in 2015 dollar figures.
Councilmember Duggan moved Adoption of a Resolution Formally Requesting Project Inclu sion in the
Dakota County 2013-2017 Capital Improvement Plan
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
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PUBLIC COMMENTS
Mayor Krebsbach asked Public Works Director John Mazzitello to share a map and explain where all of
the construction zones are.
Mr. Mazzitello shared the following road construction projects:
1. Diane Road Neighborhood Rehabilitation – currently underway – anticipated completion date at
the end of May
2. Marie Avenue Rehabilitation with Watermain Replacement – from Delaware to Dodd –
anticipated start the first week of June and anticipated completion by the end of August
3. Highway 110 Resurfacing by the Department of Transportation – was to be done a week ago but
is behind schedule
4. Lexington Avenue Resurfacing by the County – from Vail Drive down to Mendota Heights Road
– scheduled to start any day and anticipated completion by mid-June
5. Highway 13 Resurfacing – MnDOT project – from Highway 55, through downtown Mendota, to
Second Street near the Post Office – currently underway – anticipated completion date by the
end of May
6. Lemay Lake Road Reconstruction – authorization for bid was just completed – anticipated start
date in July and ending in October
7. Completion of Wagon Wheel Trail Reconstruction – running from Lexington over to Dodd –
final wear course of asphalt is scheduled to be put in within the next couple of weeks along with
the trail segment from Lexington Avenue over to 35-E that was approved on the Consent Agenda
8. Mendota Heights Road Rehabilitation – currently underway – scheduled to end by the end of
May and is the same contractor as the Diane Road Rehabilitation Project
9. Highway 13 Resurfacing / Reconstruction – MnDOT Project – from Wachtler to Annapolis –
scheduled to start in the first week of June and be completed by the end of July – there will be a
full closure of Highway 13 between Wachtler and Sylvandale during this project
Councilmember Petschel asked what was the final outcome on the Marie Avenue Rehabilitation Project
in terms of the curbs. Mr. Mazzitello replied that the final resolution to that project was to leave the
curbs as they are, stripe for narrower lanes to help with speed control, and use the newly acquired speed -
sensing cart to assess how well the narrower lanes are working as a method of reducing the speed.
PRESENTATIONS
A) ST. THOMAS ACADEMY ROGERS LAKE WATER QUALITY REPORT
Mr. Tony Kinzley, Teacher of AP Environmental Science, introduced four students from the Class of
2013 who are representing a much larger group of approximately forty students who spent the last year
collecting and analyzing data. The students who made the presentation were Drew Applebaum, Connor
Bonk, Danny Baer, and Parker Chapman.
The students tested six different sites on Rogers Lake over a span of ten weeks in the fall , performed
twenty sets of nine tests at each site, tests were run twice a day every Wednesday by two different
groups in two different hours to obtain a nice variation. They have over a thousand pieces of data that
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they average and analyze at the end of each test and at the end of the testing period in the fall. Where
they see a need, the students find solutions, and then come before the Council to propose those solutions.
The majority of the test results were good and the few that were high were still within the acceptable
range.
Recommended solutions to change the borderline ratings to good were:
Replace road salt with beet juice products, which is a sugar based product that is organic and has
been used successfully in other cities and counties in Minnesota
Collect leaves and grass clippings to prevent them from washing into the lake
Sweep driveways and sidewalks of leaves, grass clippings, and fertilizers
Collect pet waste
Minimize fertilizer use and use wisely
Maintain proper buffer zones
Councilmember Duggan asked if the students use the same locations on the lake each year as the testing
sites or do they vary. The response was that they have continuously used the same sites each year. They
believe that the number of testing sites and the total number of tests run gives a good indication of the
overall health of the entire lake.
Councilmember Vitelli stated that it appeared to him that the three borderline parameters were really a
result of residential activities taking place in the Rogers Lake neighborhood to the east. The students
concurred and believe it is because most of the residents live on the east side of the lake.
Councilmember Petschel asked if land on the lake is considered a wetland. Mr. Mazzitello replied that
Rogers Lake is classified by the DNR as a shallow lake. The properties that are around Rogers Lake are
subject to the city’s wetland ordinance. Councilmember Petschel then asked if there is an ordinance on
the books where the city requires a buffer in the wetlands and is th ere any penalty for clear cutting to the
lake. Mr. Mazzitello replied that currently there is no enforcement action for clear cutting right to the
water’s edge. The ordinance calls for a buffer area but it does not define a specific distance because
each property has its own unique characteristics. The general rule of thumb staff recommends is at least
a twenty-five foot buffer from the water’s edge.
Mayor Krebsbach stated that she would be interested in is the difference where it is clear -cut and where
it is not. She then asked, since the city has contributed towards DNR herbicide killing of the weeds in
the lake, if they see that as having any effect on the results.
Councilmember Petschel added that she was really impressed with the oxygen level in the lake and what
could possibly be contributing to that. The students replied that they could attribute the good oxygen
rating to 1) there is healthy plant life and not a lot of bacteria in the lake; 2) there are not a lot of
pathogens which is why the fecal coliform was low; and 3) lower temperatures.
Councilmember Vitelli asked if the city could make the switch to beet juice products instead of road salt.
Mr. Mazzitello replied that the idea of using organic juices as deicers has been tossed aroun d in the
professional societies for quite a while. There are a number of initial costs that would be incurred by
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switching (i.e. machinery upgrades) and there is one side effect, particularly with the beet juice product,
and that is the aroma that it leaves behind. It is an organic product so it is put on the road and it
decomposes; so there is the smell of beets and rotten beets afterwards. However, there are other
products like salt brine and other organic liquid products that are being experimented with around the
country.
Councilmembers asked other questions in regards to incentives to encourage residents to comply with
the suggested solutions; why the fecal coliform level is higher in the fall than in the spring (migrating
birds using Rogers Lake as a stopping point); and expressed their appreciation and compliments of the
students’ efforts and presentations.
UNFINISHED AND NEW BUSINESS
A) ROGERS LAKE HOMEOWNERS ASSOCIATION WEED CONTROL REQUEST
Mr. Tim Carlson from Rogers Lake Homeowners Association explained that he wished to follow-up on
the request made at the May 1, 2012 council meeting for the council to put forward the funding to apply
weed treatment. The association has the funding in place to match the city’s contribution.
Councilmember Duggan moved to Approve a Single Weed Removal Treatment, as Proposed by
Midwest Aquacare, for the Total Cost of $3,035; with the City paying $1,517.50 and the Rogers Lake
Homeowners Association Paying $1,517.50.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
B) PLANNING CASE 2012-03, ZONING AMENDMENT, ACCESSORY STRUCTURES
Assistant to the City Administrator Jake Sedlacek explained that this is an item that was carried over
from the April 3, 2012 City Council Meeting. The city issued a planning application to make a zoning
amendment pertaining to accessory structures in residentially zoned properties. The changes only
pertain to properties that are zoned residential, are larger than four acres, and that are being used for
something other than residential; such as churches, schools, golf courses, etc. Under these
circumstances the property owner would be allowed to have a larger amount of accessory structure
space than a standard residential use would have.
Following discussion with the Planning Commission, the planner drafted Ordinance 443, which makes
some minor changes to the existing accessory structure language for residential properties. It does not
change the content of that; it just brings the language up to date. However, it adds new language for a
four-acre or larger parcel, zoned residential but not used as residential, allowing for up to one-half of
one percent of the parcel size to be used as accessory structure space.
The reason this issue came up was the request from Convent of Visitation for an accessory structure that
was an outdoor classroom with restrooms and a storage area in it. Under the current ordinance, both a
variance and a conditional use permit were necessary. This language is intended to focus on these large
non-residential uses and to allow them to have more structures without having to request a variance
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every time. They would still need to go through the conditional use permit process but it would not
require the variance.
At the last meeting there was concern about the setbacks on some of these larger parcels. Three parcels
were selected for review; Somerset Elementary School, Convent of Visitation, and Mendakota Country
Club and determined that requiring a thirty-foot setback the entire way around the parcel would not be a
hindrance to any of these particular users.
The Planning Commission held their public hearing on this matter in January 2012 and there were no
public comments at that time. The Planning Commission did recommend adoption of the changes to t he
zoning amendment as is illustrated in Ordinance 443 with one exception, that being in regards to
property setbacks. Instead of stating that the accessory building shall meet all setbacks applicable to the
principal building, it was changed to say accessory buildings must be located at least thirty feet from lot
lines. This would insure a thirty-foot buffer the entire way around the property.
Mayor Krebsbach asked for clarification on what this is allowing in terms of accessory structures. Mr.
Sedlacek stated, for instance the Convent of Visitation is a sixty-acre parcel. If one-half of one percent
were applied, that would allow them to have nearly 13,000 square feet of accessory structure available
under this particular application. This would be the collective of all accessory structures put together.
Under what staff is proposing, Convent of Visitation could apply for a structure, which would use up all
of that eligible accessory structure space. Mayor Krebsbach commented that the intention was n ot to
limit what could be done and asked if Convent of Visitation would be limited in the number of accessory
structures. Mr. Sedlacek replied that under the current application they would be allowed to have up to
three accessory structures with no single structure being larger than 1,000 square feet. This code, which
would apply to eleven different parcels in the City of Mendota Heights, allows them to have a larger
accessory structure than they would under the current ordinance.
Mr. Sedlacek then cited Mendakota Country Club as an example. They have a principal structure but
then they also have a comfort station, shelters all over the course, and a maintenance building. To try to
put a reasonable number of structures when anything with a roof over it is a structure, really can be a
hindrance to some property owners. Staff, when it comes to identifying a number believes that is why
they have a conditional use permit process; to determine if it would be an appropriate request or not.
But they believe it is an appropriate number when it comes to the total area of accessory structures.
Councilmember Duggan commented that the line in the new ordinance stating that accessory buildings
must be at least thirty feet from the lot lines conflicts with an ordina nce that already exists stating that
accessory buildings must be fifty feet from the lot lines. Mr. Sedlacek replied that this new language
only applies to the conditional use permit; the conditions that are listed in this proposed ordinance are
specific to this type of request for an institutional use of a residentially zoned property. Councilmember
Duggan stated that he would be much more comfortable with a larger setback for a larger parcel than a
smaller setback and requested that, at some point, this setback number be looked at and possibly
changed to fifty feet rather than thirty feet.
Councilmember Petschel asked if a property owner of one of these large parcels would still be able to
ask for a variance to construct a structure that would allow them to exceed the one-half of one percent
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limitation on the allowable area of accessory. Mr. Sedlacek replied that if an applicant would want to
build something that would cause them to exceed this limitation they would need to request a variance.
Mayor Krebsbach stated that it was not the intent of the council to restrict the larger parcels to a series of
small structures. She was hopeful that the ordinance would recognize that each of these organizations is
a steward of their property. She thought the term ‘accessory structure’ would have been defined
differently for these larger parcels. She was not sure that was the intent of this ordinance but that did not
mean that the council could not approve it.
Councilmember Povolny asked at what square footage does staff consider a building as an accessory
structure versus a building. Mr. Sedlacek replied that the principal structure is the primary use of the
site and anything that is another detached structure on the site that would support that use is an accessory
structure.
Councilmember Petschel asked if the new addition at St. Thomas Academy is an accessory structure.
Mr. Sedlacek replied that, because it is attached to the principal structure, it is an addition to their
current building and not an accessory structure.
Councilmember Duggan reiterated his concerns about the setbacks and his wish to view maps of all of
the areas, what are the possibilities, and what are the appropriate setbacks for each.
Mayor Krebsbach commented that, although she is sur e that the Planning Commission did a very
detailed job, she would like to see a chart that would show what they had and what is proposed in this
ordinance. She then asked to have this topic brought back to the next council meeting with the chart of
what was in the ordinance and what is proposed in this coming ordinance.
Mr. Sedlacek commented that he and staff spoke about this topic and it appears that there are a lot of
questions in regards to it. His recommendation is to simply withdraw the application and bring it up at a
work session, as it appears to be a lot of moving parts to the councils concerns. This is not a pressing
matter, it was something that the Planning Commission brought forward at the request of the council,
but the current property owners are able to get structures that they need.
The council was in agreement that this topic would be brought back to a workshop session.
COUNCIL COMMENTS
Councilmember Duggan:
Requested that the construction project maps be available in the front of city hall and sent to the
schools and churches in the area
Commented that the city is working with the county in trying to move forward in regards to
abandoned residences and garages by trying to determine who actually owns the sites
Celebrate Mendota Heights Parks 25th Anniversary is June 1, 2 and 3
Rededication of the Civic Center Field to the Mertensotto Field is on Sunday, June 3
Commented on the noise from 9:40 p.m. to 10:05 p.m. on May 14 by the fifteen planes flying over
his home
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® Expressed appreciation to Councilmembers and the Mayor for their assistance and work on various
topics
® May 19 & 20 — Dodge Nature Center celebrating their 45th anniversary
Councilmember Vitelli:
® Commented on the Mendoberri Restaurant, gave it high praise, and recommended that the residents
give it a try
® Saw a play at the Children's Theatre (Pippy Longstocking) which he thought was tremendous and
highly recommended it
Councilmember Petschel:
® Caught on Town Square Television their segment "Insight 7" on the 501h anniversary of the Mendota
Heights Police Department which was very informative and entertaining
® Was at Minnetonka High School to see the MIAC Baseball Playoffs and saw Mendota Heights
residents Sarn Nord of Henry Sibley and Vince Lulic who went to Cretin- Derham Hall playing in
the game.
® Thanked Danielle for assisting her in setting up a blog on The Patch to comment on her experiences
during her training at the Citizens FBI Academy
o Joint ARC meeting took place on May 8 and the discussions were wonderful and affirming
® Assured the residents that flights leaving on Runway 12L that have been taking a northerly heading
and have been turning before Delaware Avenue were mainly due to weather related issues
Assistant to City Administrator Jake Sedlacek outlined the upcoming events:
® June 1 - 3 - 25tt' Anniversary of the Mendota Heights Parks Celebration
® June 1 — 3 — Mendota Heights Athletic Association is hosting an invitational baseball tournament,
most being at Mendakota Park and some at the Civic Center Ball Field
® June 3 — Live music at Market Square Park in The Village
® June 1 starting at 8:00 p.m. — Night Golf at Mendota Heights Par 3, $15 to play and includes glow -
in-the -dark necklaces, bracelets, and glow golf balls; pre- registration recommended
® June 2 — 5k Run /Walk benefiting Special Olympics; 9:00 a.m. start; pre - registration recommended
9 June 3 — Police Department Open House celebrating 50 years of service; 12:00 — 4:00
• June 3 — Free tour of Pilot Knob at 1:00 p.m.
® June 3 — Dedication ceremony for Mertensotto Field beginning at 4:30 p.m. at City Hall with a
reception and then walk to the field for the dedication ceremony
FAV
• 1. ►1
Mayor Krebsbach adjourned the meeting at 8:41 p.m.
Mayor
Mendota Heights City Council
ATTEST:
x4t �
Justin Miller
Acting City Clerk
May 15, 2012
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