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2011-02-01 City Council minutesFebruary 1, 2011 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 1, 2011 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. OATH OF OFFICE City Administrator McKnight administered the Oath of Office to newly appointed Councilmember Mike Povolny, who was appointed to fill the remainder of Mayor Krebsbach's term. Mayor Krebsbach welcomed Councilmember Mike Povolny who was officially sworn in at the January 19, 2011 goal setting meeting. Mayor Krebsbach invited Councilmember Povohny's wife, Kim and son, Mike to join him for photographs. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Povolny and Petschel. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Petschel moved adoption of the agenda as presented. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Petschel moved approval of the minutes of the special meeting held on January 13, 2011. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 APPROVAL OF MINUTES Mayor Krebsbach moved approval of the minutes of the regular meeting held on January 18, 2011 with one minor change on page nine. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Petschel moved approval of the minutes of the goal setting meeting held on January 19, 2011. February 1, 2011 Page 2 Ayes: 3 Councilmember Povolny seconded the motion. 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 g. Vacation Leave Policy, h. Purchase of Total Station for Engineering Department and 1. "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT OF LAND FROM BETH JACOB CONGREGATION TO THE CITY OF MENDOTA HEIGHTS" for fin-ther discussion. a. Acknowledgement of the Minutes from the January 11, 2011 Parks and Recreation Meeting b. Aclalowledgement of the Minutes from the January 25, 2011 Planning Commission Meeting c. Acknowledgement of the December 2010 Treasurer's Report d. Appointment of Interim Building Official e. Approval of Agreement for Performance in the Park f. Approval of Floating Holiday Designation g. Approval of Vacation Leave Policy h. Approval of Purchase of Total Station for Engineering Department i. Approval of Sign Permit for 2244 Enterprise Drive (Duke Realty) j. Approval of Building Permit for 1315 Mendota Heights Road (Le Cordon Bleu Restaurant) k. Approval of Supplemental Agreement with SPRWS for the Water Tower Rehabilitation Project 1. Approval of " RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT OF LAND FROM BETH JACOB CONGREGATION TO THE CITY OF MENDOTA HEIGHTS" m. Approval of "RESOLUTION REVISING SCHEDULE OF FEES FOR SERVICES" n. Approval of the Contractors List o. Approval of the Claims List dated February 1, 2011 totaling $215,245.41 Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 February 1, 2011 Page 3 VACATION LEAVE POLICY City Administrator McKnight explained as previously discussed in the goal setting session held on January 19, 2011, in 2010 staff discovered the vacation leave maximum carryover policies as stated in the personnel policy and the two union contracts had not been enforced therefore vacation accruals had accumulated for a number of employees. Mr. McKnight stated staff provided council with potential ways to resolve this issue and council advised staff to pay down the vacation balances over the 200 hour maximum for these employees and revise the vacation leave policy. Mr. McKnight stated the draft policy will be put in place in the personnel policy for all non -union staff and will be addressed at the two union contract negotiations for 2012 taking place in 2011 and similar language will be proposed for those contracts. Mr. McKnight stated this change will not impact the service delivery to any service that we provide in Mendota Heights to the residents. Mayor Krebsbach gave her support of resolving the issue and noted a tracking system would be established to enforce adherence to city policies in the firttu•e. Councilmember Petschel moved approval of the Vacation Leave Policy as presented. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 PURCHASE OF TOTAL STATION Public Works Director Mazzitello explained the total FOR ENGINEERING DEPARTMENT station is a piece of surveying equipment the engineering department would use to measure elevations of grade around roads and determine the layout to draw the design project. Mr. Mazzitello stated the current equipment is over ten years old and is outdated for current design software. Mr. Mazzitello stated the purchase price came in under budget and the addition of the equipment would positively impact efficiencies in street rehabilitation projects. Mayor Krebsbach moved approval of the Purchase of Total Station for Engineering Department as presented. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 RESOLUTION FORMALLY ACKNOWLEDGING THE RECIEPT OF LAND FROM BETH JACOB CONGREGATION TO THE CITY OF MENDOTA HEIGHTS February 1, 2011 Page 4 Public Works Director Mazzitello explained approximately a quarter acre of land located at the southwest corner of the city, hall lot is being gifted by Beth Jacob Congregation and will be titled in the name of the City of Mendota Heights. Mayor Krebsbach expressed gratitude to Beth Jacob Congregation for this gift and dedication. Councilmember Petschel moved approval of the Resolution Formally Ackriowledging the Receipt of Land from Beth Jacob Congregation to the City of Mendota Heights as presented. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 PUBLIC COMMENTS There were none. SERVICE AWARDS Mayor Krebsbach stated we are very fortunate in having dedicated commissions that provide many hours of service and tonight are honoring commissioners for their dedication and service to the city. The following commissioners have completed one or more terms: Bruce McManus - Planning Commission Joe Lally - Planning Commission Liz Petschel - Airport Relations Commission Lyle Odland — Airport Relations Commission Paul Portz — Parks and Recreation Commission Mike Povolny — Planning Commission The following commissioners have completed a portion of a term: Joe Hennessy — Airport Relations Commmission Maureen Brackey — Parks and Recreation Commission Mayor Krebsbach thanked the honorees and awarded commissioners present at the meeting with a plaque for their service and dedication. Mayor Krebsbach invited commissioners to come before council to share their thoughts and photographs were taken. RESOLUTION APPROVING Assistant to the City Administrator Sedlacek stated the February 1, 2011 Page 5 CONDITIONAL USE PERMIT FOR request for a conditional use permit for a daycare and A DAYCARE AND EARLY early learning center at 680 Highway 110 is a church LEARNING CENTER AT with a daycare center presently and would like to add an 680 HIGHWAY 110 additional wing to the south and west of the building to give them additional capacity for daycare activities. Mr. Sedlacek explained the project would require some of the space now being utilized for parking and the planning commission had concerns the plan proposed would not allow for adequate parking. Mr. Sedlacek explained the parking as proposed exceeds the requirements for both of these uses. Mr. Sedlacek added the congregation discussed the reduction in parking and was comfortable with the proposal. Councilmember Petschel inquired about the fencing around the daycare and the landscaping proposed. Mr. Sedlacek referred the questions on fencing to the applicant but stated the plan did include some landscaping although additions to the plan could be discussed further. Mayor Krebsbach inquired about the location in reference to other parcels and the type of materials proposed for the play equipment proposed for the daycare. Mr. Sedlacek referred the question of the play equipment to the applicant but stated the location is surrounded by Highway 110 and.the Dodge Nature Center. Councilmember Petschel offered it would be nice to have a transition between the property of the church and the prairie of Dodge Nature Center. Mr. Sedlacek added the planning commission recommended approval of the proposal as presented. Reverend McCallister came before council representing the United Church of Christ and explained the goal of the church is to open up more space for the congregation and stated there would be no addition to the playground space which already exceeds state requirements for a daycare. She explained the landscaping would be attractive to the community and the property would be preserved as natural as possible. Reverend McCallister explained they have adequate parking and are not looking to expand the parking. Co-Lmeilmember Petschel moved to approve the "Resolution Approving a Conditional Use Permit for a Daycare and Early Learning Center at 680 Highway 110 ". Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 ORDINANCE AMENDING TITLE 11, CHAPTER 3,4 AND 5, AND TITLE 12, CHAPTERS 2 AND 3 OF THE CITY CODE PERTAINING TO SURFACE WATER AND STORM WATER MANAGEMENT Ayes: 3 Nays: 0 APPROVAL OF A TEMPORARY SIGN FOR PILOT KNOB SITE February 1, 2011 Page 6 Assistant to the City Administrator Sedlacelc stated this proposed amendment is to ensure our city code is in conformance with state statute. Mr. Sedlacek stated there were no public comments at the public hearing held at the planning commission meeting last week and the planing commission recommended approval of the language changes to the code as proposed. Public Works Director Mazzitello noted there were inconsistencies in the code language that are being addressed in this proposal: Section 1) language changes to make definitions consistent, Section 2) adding a cross reference to the storm water ordinance, Section 3) adding the requirement of a landscape plan and a lighting /photometric plan to the grading permit process, Section 4) substituting a new statutory definition of wetlands consistent with the storm water, Section 5) modified definition of erosion and addition of definition of sediment consistent with wetlands and storm water ordinance. Mayor Krebsbach commended staff for being proactive in looking at the language of the ordinances. Councilmember Petschel moved to approve Ordinance Amending Title 11, Chapter 3, 4 and 5, and Title 12, Chapters 2 and 3 of the City Code Pertaining to Surface Water and Storm Water Management. Couulcilmember Povolny seconded the motion. Assistant to the City Administrator Sedlacelc proposed a temporary sign for the Pilot Knob site to be located in two locations and would be used along with a new interpretive brochure for the area. Gail Lewellyn, president of the Pilot Knob Association, came before council and explained in 2009 they were issued a grant to inform people about historic Pilot Knob. She continued to explain the highlights of the brochure and the cultural significance of the restoration efforts of the area and was in full support of the temporary signs to direct people through the Pilot Knob area. Councilmember Povolny offered ideas for posting the brochures and Ms. Lewellyn stated they would post the brochures at the entrances of Pilot Knob and thanked the council and the city for their ideas, support and their time. February 1, 2011 Page 7 Councilmember Petschel moved to approve a Temporary Sign for Pilot Knob. Ayes: 3 Councilmember Povolny seconded the motion. Nays: 0 PLANNING RFP REVIEW Assistant to the City Administrator Sedlacek stated council COMMITTEE authorized staff to issue a request for proposals for city planning services and staff has received ten applicants. Mr. Sedlacek continued the council proposed forming a committee to review the proposals and identify the top three for consideration to the council. Staff recommends the committee consist of the City Administrator, Assistant to the City Administrator, Public Works Director, Plaiming Commissioner Norton and one Councilmember. Mayor Krebsbach recommended Councilmember Povolny for the Planning RFP Review Conunittee. Councilmember Petschel moved to approve Councilmember Povolny to the committee. Ayes: 3 Mayor Kiebsbach seconded the motion. Nays: 0 COUNCIL COMMENTS Councilmember Petschel stated she would like to see a city wide survey explored sometime in the future. Councilmember Povolny added that his first council meeting was fin and thanked council for the honor of the position. Mayor Krebsbach stated Couulcilmembers Duggan and Vitelli were on vacation and expressed gratitude for Councilmember Petschel's attendance at the meeting in view of the sad loss of her mother -in -law that afternoon. Mayor Krebsbach added John Mazzitello, Chief Aschenbrener and Mike Coonan were participating in a muscular dystrophy fiu1d raiser and thanked all of them and everyone who contributed to the cause. Mayor Krebsba.ch thanked Officer Larrive who participated in the Polar Plunge to benefit the Special Olympics. Mayor Krebsbach noted that sadly the first Mendota Heights Administrator Orville Johnson passed away on January 19, 2011 and expressed gratitude for his service to the city. February 1, 2011 Page 8 Mayor Krebsbach added that as she is the first female mayor for Mendota Heights she is often asked how her husband is faring as the first man and explained his first public service was helping a car out of the ditch recently. ADJOURN There being no finther business to come before the cotulcil, Councilmember Povolny moved to adjourn the meeting. Ayes: 3 Councilmember Petschel seconded the motion. Nays: 0 Time of Adjournment 7:55 p.m. ATTEST: Sandie Thone City Clerk Mayor Krebsbach