2016-05--03 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 3, 2016
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
Acting Mayor Povolny called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Duggan, Petschel, and Norton. Absent: Mayor Krebsbach.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Acting Mayor Povolny presented the agenda for adoption. City Administrator Mark McNeill
recommended that item 9d, setting a date and time for a special meeting of the City Council, be added to
the agenda. Councilmember Duggan moved adoption of the agenda with the addition of 9d.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
CONSENT CALENDAR
Acting Mayor Povolny presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Duggan wished to acknowledge the completion of probationary period for
Police Officer Stephen Hilyar and acknowledged the Police Chief for the great work being done in
trying to get the Police Department back up to full staff. Councilmember Petschel moved approval of the
consent calendar as read and authorization for execution of any necessary documents contained therein.
a. Approve April 19, 2016 City Council Minutes
b. Approve April 19, 2016 Council Workshop Minutes
c. Acknowledge April 26, 2016 Planning Commission Minutes
May 3, 2016 Mendota Heights City Council Page 1
d. Approve Resolution 2016-34 Accepting Gift Of $100.00 from Erna G. Dawson
e. Approve Resolution 2016-35 Authorizing Participation In a Joint Powers Agreement "Dakota
County Domestic Preparedness Committee"
f. Approve of Personnel Action Item
g. Approve of Personnel Code Amendment
h. Approve Resolution 2016-37 Critical Area Permit at 1081 Douglas Road, Planning Case 2016-18
i. Approve the renewal of Joint Powers Agreement with Dakota County for Administrative Services
for the Municipal SSTS Pump Maintenance Program
j. Approve Joint Powers Agreement with Dakota County for SHIP Grant Funding and Professional
Services Agreement with Stantec Consulting Services, Inc. for Dodd Road Corridor Study
k. Approve Engineering Infrastructure Review Contract
1. Approve Claims List
m. Approve March 2016 Fire Synopsis Report
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
There were no public comments.
There were no presentations.
PUBLIC COMMENTS
PRESENTATIONS
PUBLIC HEARING
A) REQUIRED ANNUAL MEETING FOR NPDES PHASE II STORM WATER PERMIT FOR
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Assistant City Engineer Ryan Ruzek explained that the City is permitted through the Minnesota
Pollution Control Agency for any storm water discharge that leaves the City. The City is required to
follow a number of steps.
Currently, there are six required components including public education, public participation, illicit
discharge detection, construction site runoff, post -construction runoff control, and pollution prevention.
Assistant Engineer Ruzek outlined the action items the City completes to comply with the components.
Acting Mayor Povolny opened the public hearing.
May 3, 2016 Mendota Heights City Council Page 2
Ms. Leslie Pilgrim, 1704 Vicki Lane, stated that although there is a long list of outreach efforts she is
not sure they are effective; not sure how many people are being communicated with and if people's
behaviors are being changed. She does not see the residents understanding the connection of grass
clippings, fertilizer, dog waste, leaves, etc. in the streets and in the stormwater drains and the connection
to the City's water system. She believes the City does not have the staff or the resources to truly give the
attention that this deserves.
Ms. Pilgrim presented the Council with a five-page document outlining low-cost or no -cost ideas of
what the City could be doing to communicate more effectively.
The Council responded by explaining some of the steps the City has implemented to help prevent
stormwater runoffs which include increased street sweeping, barrier curb standard, residents treating
lakes and ponds as permitted by the DNR, the installation of rain gardens during road reconstruction
projects for residents who are interested. Councilmember Duggan suggested the city work more with the
elementary schools, realtors, and the welcome packet to new residents, to get this information out to the
residents.
The Council wholeheartedly accepted Ms. Pilgrim's presentation of ideas on increasing and enhancing
communication and public education.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2016-36 EVERGREEN KNOLLS 4TH ADDITION PRELIMINARY/FINAL PLAT
AND EASEMENT VACATIONS, PLANNING CASE 2016-08
Planner Nolan Wall explained the applicant was seeking approval for a Preliminary and Final Plat and
associated easement vacations for the Evergreen Knolls 4t Addition. The subject property is located at
1663 Dodd Road, is 1.25 acres, zoned R-1, and guided as low density residential development in the
Comprehensive Plan. The existing lot does contain a single-family dwelling and detached garage; both
of which would be demolished.
There is a wetland on the site that would be filled. A wetland delineation report was submitted to the
City in December 2015 and a review of that site determined that the wetland was manmade and provides
no environmental benefit. As a result, the Council approved a no -loss application for the wetland in
January 2016.
Planner Wall noted that the vegetative buffer and the fence located on the city property (Par 3 Golf
Course) would remain. Other brush -type vegetation on the site would be removed. During the Planning
Commission discussion, screening or some type of fencing along Dodd Road would be encouraged.
The proposal would be to divide the two existing single-family lots, which are platted as part of the
Evergreen Knolls 3rd Addition (Lots 3 and 4) into a new three plat development called the Evergreen
Knolls 4th Addition, containing Lots 1, 2 and 3. The three new lots would meet the R-1 district
minimum requirements for setbacks and lot sizes. Staff believes that the proposed plat is consistent with
the Comprehensive Plan and the surrounding neighborhood.
May 3, 2016 Mendota Heights City Council Page 3
The grading plans for each individual lot would be required as part of the building permit process. On
the preliminary plan, drainage would be directed in the general pattern to the existing conditions and not
towards existing neighbors to the west. Several conditions regarding minor grading issues were
identified and are included as conditions in the resolution.
Staff recommended approval of this application with conditions.
Councilmember Duggan requested that conditions 6, 7, and 8 of the resolution be addressed, especially
in light of the concerns that were sent in as part of the public hearing process. Councilmember Duggan
suggested that a slight berm along the three lots along the golf course side might be appropriate to
prevent runoff from the three new homes. Planner Wall directed this question to City Engineer John
Mazzitello to describe the existing drainage patterns in this area.
Engineer Mazzitello noted that when looking at the existing conditions on the site, on the eastern end of
the property the water drains into the low area — the manmade depression and infiltrates into the ground.
On the southern property line abutting the golf course, the contours direct water to the south and west,
away from other developments.
Councilmember Duggan asked if there had been many golf ball complaints from the neighboring homes
in the area. Staff responded that they are unaware of any complaints.
Councilmember Duggan moved to close the public meeting.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
Councilmember Duggan moved to adopt RESOLUTION 2016-36 APPROVING A PRELIMINARY
AND FINAL PLAT AND EASEMENT VACATIONS FOR THE EVERGREEN KNOLLS 4TH
ADDITION.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
B) ORDINANCE 494 AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE
RELATING TO AIRCRAFT NOISE ATTENUATION
City Engineer John Mazzitello explained that this is an issue that the Airport Relations Commission has
been working on for the past several months. Staff has been trying to determine a way to solve a
potential problem because the airport noise contours move on an annual basis. If there were
development within the noise impact area, the potential existed for a property to be within the noise
contour one year and out of the contour the next. The desire was to create something more static in
nature.
May 3, 2016 Mendota Heights City Council Page 4
It was found that other cities in the immediate area of the Twin Cities International Airport (Eagan,
Richfield, and Bloomington) use a static line that is established by MSP in their zoning ordinance to
determine the noise attenuation contour. City staff added a provision in proposed Ordinance 494, that if
any property is partially within the noise attenuation contour, it is to be considered totally within the
area.
By setting static boundary, it would be the developer's or the applicant's responsibility to review the
noise contours to determine whether or not their project is going to be within the established noise
attenuation contour. There are requirements in the rest of the ordinance that spell out what types of
attenuation have to take place.
The Airport Relations Commission and the Planning Commission recommended approval. However, the
Planning Commission did suggest adding the phrase of `or then current' to the ordinance. So if MSP
should change this noise contour line in the future, the ordinance would automatically adopt the change.
Councilmember Petschel made the observation that she brought this to the attention of the Airport
Relations Commission due to this being the age of teardowns and rebuilds. Homeowners really need to
know they are in a noise -impacted area so they can build accordingly. She asked if additions to current
homes would need to comply. Engineer Mazzitello replied that the current code is applicable to new
development, redevelopment, and structural additions. Renovations are not required to provide
attenuation under the current code. However, by adopting this new ordinance, they would be made
aware that they are within that noise impact area.
Councilmember Duggan moved to adopt ORDINANCE 494, AMENDING TITLE 12, CHAPTER 4 OF
THE CITY CODE, CONCERNING AIRCRAFT NOISE ATTENUATION BOUNDARIES.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
C) APPROVE RESOLUTION 2016-38 ACCEPT BIDS AND AWARD CONTRACT FOR THE
MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507)
Assistant City Engineer Ryan Ruzek explained that the Council authorized the reconstruction project
called the Mendota Road Neighborhood Improvements. This project does involve reconstructing
Mendota Road from Delaware Avenue to Oak Street; includes rehabilitating Sibley Court, High Ridge
Circle, and Warrior Drive. Six bids were received. The low bidder, McNamara Contracting, Inc. had a
bid of $1,452,666.51. The engineer's estimate for the project was $1,762,169.
McNamara Contracting has done a number of projects within the City and staff is pleased to recommend
them for this project.
May 3, 2016 Mendota Heights City Council Page 5
Councilmember Duggan moved to adopt RESOLUTION 2016-38 ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS
(PROJECT #201507), awarding the contract to McNamara Contracting, Inc. of Rosemount.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
D) SET DATE AND TIME FOR SPECIAL MEETING
City Administrator Mark McNeill noted that staff is requesting a special meeting be scheduled for
Monday, May 9 or Tuesday, May 10, 2016.
Councilmembers agreed to set Monday, May 9, 2016 at 5:00 p.m. as the date and time for a special
Council meeting.
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• The sheep from the Dodge Nature Center arrived at Pilot Knob for grazing at the site.
• May 7 is "Clean Up Day" at Mendakota Park. Additional information is available on the City's
website.
.• Mendota Heights 5K is June 4. Registration forms are available on the City's website.
• June 3 is the start of the Parks Celebration with a concert at Market Square Park. June 4
beginning at 11:00 a.m. the Parks Celebration continues at Mendakota Park.
COUNCIL COMMENTS
Councilmember Petschel recognized Henry Sibley High School as one of two schools in the state to earn
the US Department of Education Green Ribbon distinction. They have reduced their greenhouse gas
emissions by 24% and their energy use by 23% over the past seven years. This has been accomplished
by contributions from their Live Green Team that involves students and staff.
St. Thomas Academy's Experimental Vehicle Team won the Urban Concept Category with their
battery -powered car at the national competition in Detroit. Because of their win, they will be moving on
to London to compete internationally. They designed a car that runs on a lithium battery that gets 1,750
miles per gallon. They not only beat other schools in the state, but they also beat Duke University,
Wright State University, and Rice University in this category.
May 3, 2016 Mendota Heights City Council Page 6
ADJOURN
Acting Mayor Povolny moved to adjourn..
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Krebsbach)
Acting Mayor Povolny adjourned the meeting at 7:54 p.m.
l
e Povolny
ng Mayor
ATTEST:
Lorri Smith
City Clerk
May 3, 2016 Mendota Heights City Council Page 7