2015-03-17 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, March 17, 2015
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. Other members present included
Councilmembers Povolny, Petschel, and Norton. Councilmember Duggan was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Petschel moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items f) Recognize
Firefighter Retirement and g) Personnel Action Item.
a. Approval of March 3, 2015 City Council Minutes
b. Receipt of February 2015 Fire Department Synopsis Report
c. Authorize Purchase of Lawn Mower
d. Approval of Resolution 2015-25, Acknowledging Receipt of Gift of Two Remington 870 Shotguns
e. Approval of Temporary On -Sale Liquor License for St. Thomas Academy for April 18, 2015
f. Recognize Firefighter Retirement
g. Personnel Action Item
h. Approve Ordinance 474 Amend Code Section 9-6-1 Regarding Fees, approve summary publication
i. Receipt of February 2015 Building Activity Report
j. Approval of February Treasurer's Report
k. Approval of Claims List
1. Approval of Contractor List
March 17, 2015 Mendota Heights City Council Page 1
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
PULLED CONSENT AGENDA ITEM
F) RECOGNIZE FIREFIGHTER RETIREMENT
Mayor Krebsbach recognized Firefighter Michelle Parker on her retirement after 12.5 years of service.
Besides being a certified Firefighter II, trained to the Haz-Mat operational level and a medical first
responder, she has done an excellent job being the coordinator of the Fire Prevention Week.
Councilmember Petschel moved to accept the retirement of Firefighter Michelle Parker.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
G) PERSONNEL ACTION ITEM
Ms. Lisa Brandt has successfully completed her one-year probationary period as part time Police
Support Specialist. She has done an excellent job and is a great addition to the City.
Councilmember Petschel moved to officially appoint Lisa Brandt to the position of part-time Police
Support Specialist effective March 7, 2015.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
There were no presentations.
PUBLIC HEARING
A) RESOLUTION 2015-23, CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT,
VARIANCE AT 731 WOODRIDGE DRIVE, PLANNING CASE 2015-06
Planner Nolan Wall explained the applicant was requesting approval to conduct slope repair at 731
Woodridge Drive, which is within the Mississippi River Corridor Critical Area. Due to the scope of the
project, Critical Area Permit, Conditional Use Permit, and Variance requests are required.
March 17, 2015 Mendota Heights City Council Page 2
The proposed project includes construction of a concrete retaining wall, associated soil stabilization
activities, and vegetation removal within the approximately 75 -foot by 45 -foot impacted area above
Highway 13, on the applicant's property. The Council granted a request at their earlier meeting to
conduct a public hearing tonight instead of before the Planning Commission so consideration of the
proposed project could be expedited and construction could begin as soon as possible.
Agency review is required for a Critical Area Permit application. MnDOT, the DNR, and the Cities of
St. Paul and Lilydale did not have any objections to the proposed project.
Mayor Krebsbach opened the public hearing and invited the public to come forward to make comments.
No one from the public wished to be heard on this item.
Councilmember Petschel moved to close the public hearing.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
Councilmember Petschel moved to adopt RESOLUTION 2015-23 APPROVING CRITICAL AREA
PERMIT, CONDITIONAL USE PERMIT, AND VARIANCE APPLICATIONS AT 731
WOODRIDGE DRIVE based on the Findings of Fact and Conditions as presented in the resolution.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
NEW AND UNFINISHED BUSINESS
A) TRAFFIC SAFETY COMMITTEE UPDATE
Public Works Director John Mazzitello explained that the Traffic Safety Committee met on March 3,
2015 and he provided an update from that meeting.
Speed on Marie Avenue - In cooperation with the West St. Paul Police Department, there will be some
targeted speed enforcement along Marie Avenue, between Delaware and Charlton.
Crosswalks on Wachtler Avenue - Wachtler Avenue runs south from Highway 13 to Wentworth. The
residents on the east side of Wachtler requested a crosswalk to access the trail on the west side. Since
Wachtler Avenue is a county road, this request was forwarded to the County.
Request to Change Yield Signs to Stop Signs — Lilac Lane - The Police Department has looked at the
intersections of Lilac Lane/Douglas Road and Lilac Lane/Caren Road. They did some targeted
monitoring and do not believe the intersections warrant a change at this time. The Traffic Safety
Committee is recommending the yield signs remain in place with continued monitoring.
Warrior Drive Parking - A group of residents came before the Council in September 2013 citing
concerns relating to the students parking on the east side of Warrior Drive. Since that time, the Traffic
Safety Committee has looked at this issue, Henry Sibley High School administration has opened more
March 17, 2015 Mendota Heights City Council Page 3
permit parking spots in their main lot, and they have made parking available at the southeast corner of
their campus. A school assembly was held where Police Officer Jenny Fordham spoke to the students
about traffic safety issues and the residents' concerns about the parking on Warrior.
In 2014, Dakota County constructed a new trail on the east side of Warrior Drive. Parking spaces were
reduced on the east side due to trail access. The Police Department has also monitored the activities in
the area with the parking and traffic movements. The Committee reviewed the statistics gathered by the
police department and recommended no change to the existing parking. The area will continue to be
monitored through the end of the 2015-2016 school year, School Administration will continue to have
assemblies with the students to talk about traffic safety and parking issues, and potential solutions may
be incorporated into the Warrior Drive street rehabilitation project scheduled for the summer of 2016.
Councilmembers asked questions regarding the issue of U-turns and the loss of the temporary no
parking signs.
Chief of Police Michael Aschenbrener confirmed the statistics his department provided.
Mayor Krebsbach opened the floor for comments from the public on this matter.
Stuart Simek, 577 High Ridge Circle - referenced the May 20, 2014 City Council minutes where staff
was directed to put together a working group which was to include the area residents. He noted that this
meeting has not taken place. He stated he is encouraged on what he heard tonight, on the potential
rebuilding of Warrior Drive. He encouraged the Council to consider 'No Parking' signs in the area
neighborhoods, or a 2 -hour parking limit.
Frank Pilney, 1867 Warrior Drive - commended the Police Department because the student driving has
dramatically improved. U-turns continue to be a problem. He requested that parking spaces be made
available for residents only. If no parking were allowed on the east side and limited parking on the west
side was opened up, that would still allow two lanes to be open for emergency vehicles.
Councilmembers asked questions regarding the enforcement of residential parking permits and 2 -hour
parking limits.
Kevin Bormann, 1875 Warrior Drive — there is now less trash in this area, believes the statistics are
skewed due to police presence.
Area resident - expressed her appreciation for the work that has been completed by city staff, hope the
city can come up with a way to restrict parking along Warrior Drive.
The City Council directed the Traffic Safety Committee to discuss these concerns sometime in late
March or early April, specifically the request to allow parking spaces for residents only. Mayor
Krebsbach will also meet with the School Superintendent to discuss this issue.
March 17, 2015 Mendota Heights City Council Page 4
B) APPROVE 2015 CONTRACT FOR PILOT KNOB MANAGEMENT
Assistant to the City Administrator Tamara Schutta introduced Mr. Wiley Buck, representing Great
River Greening. Ms. Schutta explained what was done at Pilot Knob last year and the proposal for
2015. She noted that the contract for $5,200 included control of invasive species organized by Great
River Greening, care of the trail and overlook and the maintenance of Pilot Knob, and the pasturing of
goats and sheep.
Mr. Buck explained that Great River Greening is a local non-profit organization that is committed to
doing ecological restoration and engaging the community in the process. This year the milestones they
hit were 30,000 volunteers, 100,000 trees and shrubs planted, 10,000 acres restored, and their 20th
anniversary.
The main focus of the contract is invasive species management, private volunteer event(s), conservation
grazing, pollinator studies at the site, and restoration of the Highway 55 portion of the roadside (in
cooperation with MnDOT).
Councilmember Povolny moved to authorize staff to execute a contract with Great River Greening for
Pilot Knob Hill Restoration.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
C) APPOINTMENTS FOR NOISE OVERSIGHT COMMITTEE
Assistant to the City Administrator Tamara Schutta explained that there is an open position on the Noise
Oversight Committee. Councilmember Petschel is the primary contact with the alternate being
Councilmember Duggan and Airport Commissioner David Sloan. Their 2 -year terms end June 25th.
Councilmember Petschel and Commissioner Sloan have expressed an interest in being reappointed.
Councilmember Duggan wishes to step down at this time.
Mayor Krebsbach noted that Councilmember Petschel has done a fantastic job as the NOC
representative as well has Commissioner Sloan. She expressed her appreciation for their service.
Councilmember Povolny moved to appoint Councilmember Petschel as representative, and David Sloan
as alternate to the Noise Oversight Committee for a term through June 25, 2017.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
D) SET MAY GOAL SETTING WORKSHOP
Assistant to the City Administrator Tamara Schutta explained that the Council met in February 2015 and
identified a number of goals. At that time, Council directed staff to set a follow-up meeting date in May.
March 17, 2015 Mendota Heights City Council Page 5
Councilmember Norton moved to schedule the workshop for May 12, 2015, 1:00 p.m. — 4:00 p.m.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
E) ORDINANCE 473 AMEND CITY CODE SECTION 12-1L-10
CONCERNING AFTER -THE -FACT PERMIT FEES
Planner Nolan Wall explained the City was considering amendments to Title 12 Chapter 1 Article L of
the City Code concerning fees and deposits. Staff identified these potential amendments concerning
After -the -Fact Permit Fees. In 2014 the City processed two after -the -fact permits, which involved non -
permitted vegetation removal activities. In order to charge additional fees for after -the -fact zoning
permits — which would include critical area, conditional use, wetlands, and variance permits — the code
must be amended to grant that authority. If approved, the language would then be added to the fee
schedule. Actions that do require after -the -fact permit fees are also subject to the general penalty
provision that is already in the code.
Councilmember Petschel moved to adopt ORDINANCE 473 AMENDING SECTION 12-1L-10 OF
THE CITY CODE CONCERNING AFTER -THE -FACT PERMIT APPLICATION FEES.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
F) RESOLUTION 2015-19 APPROVING AMENDMENTS TO FEE SCHEDULE
City Clerk Lorri Smith explained that with the passage of Ordinance 473 regarding After -the -Fact
Permit Fees, staff is proposing to add that permit fee to the fee schedule. Along with that, staff proposed
a few clarifications to the fee schedule.
She then summarized the proposed revisions which are clarifications to fees already in the schedule or
corrections to the software formula for setting the building permit fees in Exhibit A.
Councilmember Norton moved to adopt RESOLUTION 2015-19 REVISING SCHEDULE OF FEES.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
G) ORDINANCE 471 AMEND CITY CODE SECTION 12-1
CONCERNING WETLANDS PERMIT REQUIREMENTS
Planner Nolan Wall explained that staff identified potential amendments to the Code concerning the
wetlands permitted administrative approval process to accommodate additional eligible activities.
Planner Wall summarized the proposed amendments.
March 17, 2015 Mendota Heights City Council Page 6
Councilmember Petschel moved to adopt ORDINANCE 471 AMENDING SECTIONS 12-2-6 AND
12-2-10 OF THE CITY CODE CONCERNING WETLANDS PERMIT REQUIREMENTS.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
H) DISCUSSION OF MEMORIAL OPTIONS FOR OFFICER SCOTT PATRICK
Chief of Police Michael Aschenbrener explained there were several options for formalizing a way to
honor Officer Scott Patrick. The police officers elected three fellow officers to represent them on a
committee to sort through the different suggestions as ways to recognize and honor Officer Patrick.
The Peer Officer Committee requested that Council representatives join them and form a joint
committee to sort through and make recommendations to bring back to the full City Council for
consideration. The joint committee would be looking at how this would impact the community, the
Patrick family, and the Police Department and getting the list down to a few options that the City
Council could consider as ways to honor Officer Patrick.
City Attorney Tom Lehmann commented that it is important that the Council is involved in the
Committee. The location of the memorial would be somewhere within the City, so there is a vested
interest on behalf of the City to be involved. It also provides an opportunity to keep the communication
open with the Council. It would be prudent to have two Councilmembers on the committee.
City Administrator McNeill relayed to the Council that Councilmember Duggan has indicated he would
be honored to be one of the Council representatives. Councilmember Petschel also indicated her desire
to serve.
Mayor Krebsbach asked for clarification that, in terms of funding the memorial, it would be a
combination of fundraising activities and the City budget. City Administrator Mark McNeill replied that
there are probably three components of funding — city funding, the Mendota Heights Police Officers
Benevolence Association, and the Mendota Heights Community Criminal Apprehensive Fund. The
important thing would be to have the joint committee research funding options and come back with a
recommendation.
Police Officers John Larrive, Bobby Lambert, and Mike Shepard were present to discuss with the
Council the possible designation of a highway in Mendota Heights in memory of Officer Patrick. The
suggestion, which was brought forward from State Representative Joe Atkins, was to designate a portion
of either Highway 110 or Dodd Road as "Officer Scott Patrick Memorial Highway".
Mayor Krebsbach explained that she heard from Rep. Joe Atkins office and that if the City wishes to
designate a road in 2015, a decision would need to be made tonight so the state legislature could hold a
hearing on March 20th. If no decision by the Council is made tonight, the request could be brought back
to the next legislative session, allowing the City time to research and consider the request.
Officers Larrive, Lambert, and Shepard stated that after they received the request from Representative
Atkins, they discussed it with Michelle Patrick and she expressed her desire that the designated road be
March 17, 2015 Mendota Heights City Council Page 7
Dodd Road, from the south end of Mendota Heights through Smith Avenue in West St. Paul. The
Officer Committee replied back to Representative Atkins' office with her wishes. Since that time, they
received notice that the City Council wanted to be heard and involved on this.
The officers explained that the road designation is something that could be done quickly and in time for
unveiling on the anniversary of Officer Patrick's death.
In response to a question from Mayor Krebsbach, Administrator McNeill explained that Representative
Atkins would need to be notified as soon as possible so he could schedule a committee hearing.
Councilmember Petschel expressed her support since she has now heard confirmation of the family's
wishes. She is in support of forming a joint committee so there is continued communication.
Councilmember Norton echoed Councilmember Petschel's comments.
Councilmember Povolny stated that he has no problem with either road choice; however, if the family
wishes it be Dodd Road then that is what should be done.
Councilmember Petschel moved to send a formal resolution (Resolution 2015-24 Designate TH149 as
Officer Patrick Memorial Hwy) to Rep. Joe Atkins stating that the City Council is in support of
designating Dodd Road as "Officer Scott Patrick Memorial Highway".
Councilmember Norton seconded the motion.
Ms. Michelle Patrick came forward and expressed her appreciation for the hard work the Police Officer
Committee has done and is still doing.
Mayor Krebsbach called for the vote.
Ayes: 4
Nays: 0
Absent: 1
Councilmember Povolny moved to appoint Police Officers Larrive, Lambert, and Shepard along with
Councilmembers Petschel and Duggan to the Officer Patrick Memorial Alternatives Committee.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• Grading has started at Lemay Lake Shores. Infrastructure utilities and street installation will
begin in late April.
• Registration is open for the summer park programs.
• Clean-up day is scheduled for Saturday, May 2 from 8:00 a.m. — 12:00 p.m.
• 2nd Annual Blazing Wing Eating Contest at Moose Country is March 21 from 1:00 — 4:00.
• Officer Patrick Fundraiser on Saturday, April 11.
March 17, 2015 Mendota Heights City Council Page 8
COUNCIL COMMENTS
Councilmember Norton stated that it was really nice to see a lot of people out walking, jogging, and
biking over the last two weeks.
Councilmember Petschel acknowledged the St. Paul Pioneer Press for pointing out that Mendota
Heights is per capita the most Irish city in the State of Minnesota.
Councilmember Povolny wished his son a Happy Birthday.
Mayor Krebsbach noted that The Olive Grove in The Village has cooking and sampling classes.
She noted the passing of Mr. Dick Bjorklund Sr. He was a city building permit inspector and a long-time
contractor in the City. He was also active with the Chamber of Commerce and will be missed.
ADJOURN
Councilmember Norton moved to adjourn.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1
Mayor Krebsbach adjourned the meeting at 9:08 p.m.
ATTEST:
Lori Smith
City Clerk
Sandra Krebsbac
Mayor
March 17, 2015 Mendota Heights City Council Page 9