2015-06-02 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 2, 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.
Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Duggan, Povolny, Petschel, and Norton.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption noting that item 5r has been added and item 9b has
been removed. Councilmember Duggan moved adoption of the revised agenda.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
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 h) Approval of
Firefighter Retirement, k) Approve Resolution 2015-38 MnDOT Landscape Partnership Agreement, m)
Approval of a Canoe Rack at Rogers Lake Park, n) Approval of Pickleball Courts and a Full Basketball
Court at Marie Park, and p) Approval of Claims List.
a. Approval of May 19, 2015 City Council Minutes
b. Approval of May 19, 2015 City Council Closed Session Minutes
c. Acknowledgement of May 26, 2015 Planning Commission Minutes
d. Receipt of April 2015 Fire Department Synopsis Report
e. Approve Massage License Renewals
f. Approval of Off Sale Intoxicating Liquor License for Twin City Beverage, Inc.
g. Approval of Christmas Eve Floating Holiday Designation
h. Approval of Firefighter Retirement
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i. Personnel Action Items
j. Approval of Time Change for August 4 City Council Meeting due to Night to Unite
k. Approval of Resolution 2015-38 MnDOT Landscape Partnership Agreement for Pilot Knob
1. Approval of Resolution 2015-36 Issuing a Certificate of Completion at 745 South Plaza Drive
in. Approval of the Addition of a Canoe Rack at Rogers Lake Park
n. Approval of the Addition of Pickleball Courts and Full Basketball Court at Marie Park
o. Approval of the April 2015 Treasurer's Report
p. Approval of the Claims List
q. Approval of the Contractor List
r. Approval of the Purchase of Vehicle for Fire Department
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
H) APPROVAL OF FIREFIGHTER RETIREMENT
Mayor Krebsbach announced that Firefighter Tracy Wilcziek retired effective Match 17, 2015.
Firefighter Wilcziek became a firefighter on September 22, 1997 and served with the department for 17
years. He was certified as a Firefighter II, First Responder, and trained to the Haz-Mat Operational
Level.
Councilmember Norton moved to accept the retirement of Firefighter Tracy Wilcziek retroactive to
March 17, 2015.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
K) APPROVAL RESOLUTION 2015-38 MNDOT LANDSCAPE PARTNERSHIP AGREEMENT
FOR PILOT KNOB RESTORATION PHASE III
In this agreement, Councilmember Duggan requested that Section 2.1. E. Restore Right -of -Way, be
revised to read "on that which was disturbed do to this project".
At the request of Mayor Krebsbach, Assistant to the City Administrator Tamara Schutta came forward to
explain the agreement. She explained that the agreement is a boilerplate template from IV1nDOT,
however, she will check to see if they would agree to the removal of the word "all" in section 2.1.E.
There is no financial exposure to the City on this project. Mayor Krebsbach requested that confirmation
be received that Great River Greening, the organization responsible for the volunteers, provides
insurance coverage for them.
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Councilmember Duggan moved to adopt RESOLUTION 2015-38 MNDOT LANDSCAPE
PARTNERSHIP AGREEMENT FOR PILOT KNOB RESTORATION with the requested revision to
Section 2.1.E.
Councilmember Petschel seconded the motion.
Mayor Krebsbach offered a friendly amendment to the motion to include `and based on the fact that the
City of Mendota Heights is non -indemnifying the work.'
Councilmember Povolny seconded the friendly amendment.
Ayes: 5
Nays: 0
M) APPROVAL OF THE ADDITION OF A CANOE RACK AT ROGERS LAKE PARK
Councilmember Petschel requested that Recreation Program Coordinator Sloan Wallgren explain the
addition of a canoe rack at Rogers Lake Park. She also asked if the City would assume any liability.
Recreation Coordinator Wallgren explained that the Parks and Recreation Commission approved
recommending to the City Council to consider installing a canoe rack at Rogers Lake Park. Funds for the
construction would come from the Special Parks Fund and the rack would be built by city staff. The
Parks and Rec Commission suggested a rental fee of $50 per year.
City Attorney Tom Lehmann indicated that staff would need to install appropriate signage so that
residents understand that the City would assume no liability or responsibility for their canoe or kayak
and that acceptance of the fee does not put liability upon the City.
Councilmember Petschel moved to approve the addition of a canoe rack at Rogers Lake Park with
appropriate signage indicating no liability or responsibility on the City of Mendota Heights.
Councilmember Povolny seconded the motion
Ayes: 5
Nays: 0
N) APPROVAL OF THE ADDITION OF PICKLEBALL COURTS AND
FULL BASKETBALL COURT AT MARIE PARK
Councilmember Duggan acknowledged the Parks and Recreation Commission and staff for putting
together this proposal for pickleball courts at Marie Park. Recreation Program Coordinator Sloan
Wallgren explained what pickleball is and where the courts would be located at Marie Park.
Councilmember Duggan moved to approve the addition of pickleball courts and a full basketball court at
Marie Park.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
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P) APPROVAL OF CLAIMS LIST
Councilmember Duggan asked if the claim identified as Urban Companies is for work on the Sibley
Memorial Trail and was this additional on top of the amount paid in January.
Public Works Director John Mazzitello replied that this is the latest pay request that falls wider the
amended budget for the project. The project is virtually completed as the trail has been paved and
tolerance checked. All that remains to be done is the landscaping along the edge of the pavement.
Councilmember Duggan requested that the Councilmembers be informed on the total dollar amount
spent on this project.
Councilmember Duggan moved to approve the list of claims as presented.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
A) SWEARING IN CEREMONY OF POLICE OFFICER PHILIP MCCARTY
Chief of Police Michael Aschenbrener introduced Police Officer Philip McCarty and provided highlights
of his background and experience.
Police Officer Philip McCarty read the Police Officer Code of Ethics and was sworn in by Mayor
Krebsbach.
PUBLIC HEARING
A) LIQUOR LICENSE RENEWALS
City Clerk Lorri Smith explained that renewal applications and required documentation have been
received, background investigations have been conducted with no negative findings, and no liquor law
violations have been received within the past year for the following licensees:
Intoxicating Liquor and Sunday Liquor Licenses:
• Felipe's LLC dba Teresa's Mexican Restaurant, 762 Highway 110
• Haiku Japanese Bistro Inc. dba Haiku Japanese Bistro, 745 Highway 110
• Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive
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Club Liquor and Sunday Liquor Licenses:
• Mendakota Country Club, 2075 Mendalcota Drive
• Somerset Country Club, 1416 Dodd Road
Wine Licenses:
• Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street
• Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street
• King and I Thai, LLC, dba King and I Thai, 760 Highway 110
Off —Sale Liquor Licenses:
• MapleTree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street
On -Sale 3.2 Percent Malt Liquor Licenses:
• Mendota Heights Par 3 located at 1695 Dodd Road
• Mendo Restaurant Group, Inc. dba Mendoberri located at 730 Main Street
• Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street
• King and I Thai, LLC, dba King and I Thai, 760 Highway 110
Off -Sale 3.2 Percent Malt Liquor Licenses:
• Northern Tier Retail LLC dba SuperAmerica#4521 located at 1080 Highway 110
• Northern Tier Retail LLC dba SuperAmerica #4516 located at 1200 Mendota Heights Road
Outstanding documentation — all of the required documentation has been received, except for the
following forms:
Maple Tree Mendota Retail — need updated Certificate of Insurance
Windy City Pizza — need updated Bond
Haiku Japanese Bistro — need updated Bond
Councilmember Duggan moved to open the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan asked when it is anticipated that the King and I Thai would be opening. Clerk,
Smith replied that the last indication received was that they would be opening mid-June.
No one from the public wished to be heard on this item.
Councilmember Petschel moved to close the public hearing.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
Councilmember Norton moved to approve the issuance of the license renewals as listed for the period of
July 1, 2015 through June 30, 2016, contingent upon the City receiving the outstanding documentation
as noted.
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Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2015-37 BID AWARD FOR VICTORIA ROAD
PHASE II CONSTRUCTION PROJECT
Public Works Director John Mazzitello explained this resolution is to accept bids and award the contract
for the Victoria Road improvements, the second phase of the reconstruction of Victoria Road. A bid
opening was held on May 27, 2015 with four bidders. Valley Paving Inc. was the low bidder. They are
an experienced contractor who has done work in Mendota Heights in the past.
In addition to the base bid for the Victoria Road project, staff asked for an alternate bid for the City Hall
parking lot. That bid came in at $172,306.75 and staff recommended that the alternate bid not be
accepted. It was hoped that a better price would be obtained by tying the two projects together.
Construction would be scheduled to begin in June and completed before Labor Day.
Councilmembers asked questions regarding staff's estimate of cost compared to the bid from Valley
Paving.
Councilmember Povolny moved to adopt RESOLUTION 2015-37 AWARDING CONTRACT FOR
THE VICTORIA ROAD SOUTH NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308a) TO
VALLEY PAVING INC. AND REJECTING ALL ALTERNATE BIDS FOR CITY HALL -UPPER
PARKING LOT RECONSTRUCTION.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
B) ITEM PULLED FROM AGENDA
C) PUBLIC HEARING REQUEST FOR CRITICAL AREA PERMIT / VARIANCE
AT 1104 SIBLEY MEMORIAL HIGHWAY
Planner Nolan Wall explained that the applicant was requesting a public hearing before the City Council
to consider approval of an after -the -fact critical area permit and variance request for construction of a
retaining wall.
Planner Wall shared an image of the subject parcel highlighting the retaining wall, which was
constructed in 2011. Staff was made aware that critical area and building permits were not obtained and
contacted the property owner accordingly. Due to the after -the -fact nature of this application and the
June 2, 2015 Mendota Heights City Council Page 6
fairly straight -forward review process that a project like this would require, staff recommended that the
application be considered directly by the City Council.
The variance request portion of this request pertains to the height of the retaining wall. In the critical
area ordinance, it limits a wall to five feet. Staff was seeking recommendation from the City Council to
consider conducting a public hearing for the after -the -fact permit and variance applications either on
June 16 or July 7 Council meetings.
Ms. Jennifer Foley, 1104 Sibley Memorial Highway, who is the applicant, was present to answer
questions from the Council. Councilmembers asked questions regarding the condition of the wall in
relation to it being replaced five years ago, the height of the current wall in comparison with the old
wall.
Councilmember Povolny moved to set the public hearing date for Tuesday, July 7, 2015, and direct staff
to provide the required public notice.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
D) PUBLIC HEARING REQUEST FOR AMENDMENTS TO FINAL PLANNED UNIT
DEVELOPMENT PLAN, FINAL PLAT, AND DEVELOPMENT AGREEMENT
BY RYLAND HOMES
Planner Nolan Wall explained that Ryland Homes, the developer of LeMay Shores housing project, is
requesting a public hearing to consider approvals of amendments to the Final Planned Unit Development
Plan, Final Plat, and Development Agreement. The current proposed amendments are required to create
an additional outlot, which requires a Conditional Use Permit and a public hearing.
Planner Wall shared an image of the LeMay Shores project highlighting the proposed outlot area
location. The proposed outlot would be owned and maintained by the homeowners association.
Staff feels that the proposed outlot would have very few negative impacts, if any, on the surrounding
residential properties. As a result, the developer is requesting that a public hearing be held before the
City Council on June 16 in order to expedite the approval process.
Councilmembers asked questions regarding the creation of the outlot and when Ryland Homes would be
present to explain what they are going to do in regards to airport noise extenuation for these homes.
Councilmember Duggan moved to set the public hearing date for Tuesday, June 16, 2015, to consider
approvals of the amendments to the final PUD, Final Plat, and Development Agreement, and to add a
second agenda item to hear Ryland Homes' plan for noise abatement and construction standards for the
housing project.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
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E) ORDINANCE 478 CONCERNING MINIMUM REQUIREMENTS FOR SINGLE-FAMILY
RESIDENTIAL DISTRICTS, PLANNING CASE 2015-15
Planner Nolan Wall explained that the City was considering amendments to Title 12, Chapter 1, Article
E of the City Code concerning minimum requirements for single-family residential districts. In response
to the recent infill development and the increasing number of tear -downs in the area, the City Council
directed staff to research potential ordinance amendments to address several issues that were discussed
at the February and May workshops. The issues discussed relating to this development pattern included
structure size and footprint, minimum lot sizes, building height, the character of the neighborhood, and
construction impacts. After discussion by the Council, staff was directed to proceed with certain
amendments, which were provided in Ordinance 478.
Planner Wall briefly highlighted the sections contained in the draft ordinance.
Councilmembers asked questions regarding input by the Planning Commission, a review of the items
not in the proposed Ordinance per Council request, and the inclusion of width clarification.
Councilmember Duggan moved to adopt ORDINANCE 478 CONCERNING MINIMUM
REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL DISTRICTS.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• Parks Celebration scheduled for Friday, June 5 with "Steve Clark and the Working Stiffs". On
Saturday, June 6, will be the I Ota' annual 5K and events at Mendakota Park.
• CenturyLink, has submitted a franchise application to NDC4. A public hearing is scheduled for
June 3.
• Truck & Travel Show at Henry Sibley on Wednesday, June 10.
• Link available on the City's website to MnDOT regarding the Highway 13 project update.
• Over 250 kids have registered for the Mendota Heights golf programs this summer.
• Over 200 kids have registered for the Mendota Heights summer programs.
• The Fishing Derby is scheduled for June 25.
Fire Chief John Maczko provided an update on the recent fire events.
June 2, 2015 Mendota Heights City Council Page 8
COUNCIL COMMENTS
Councilmember Duggan expressed appreciation to Fire Chief John Maczko and to Chief of Police
Michael Aschenbrener and their staff for all of the work they do. All Councilmembers agreed.
Councilmember Petschel noted that the Federal Aviation Administration (FAA) is starting a two-year
study on the concept of day/night levels of noise, averaging them, coming up with a 65 DNL system to
determine if it is the best metric. She will keep everyone up-to-date on this.
She also mentioned that she spent time at the Scott Patrick Memorial Little League Tournament at
Mendakota Park. It was a wonderful tournament.
She has learned that the Dodge Nature Center is contracting with Great River Greening to work on the
southern piece of the Lily property.
Mayor Krebsbach mentioned an email received from a group called NerdWallet indicating that Mendota
Heights has been ranked 9th out of 123 cities in the State of Minnesota as one of the best places to start a
business in Minnesota.
She also congratulated all of the seniors graduating from high school this year; most notably
Councilmember Povolny's son.
Councilmember Duggan moved to adjourn.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 8:24 p.m.
-----,Sandra Krebsbach
Mayor -
ATTES
4ZD-
Lorri Smith
City Clerk
June 2, 2015 Mendota Heights City Council Page 9