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2018-05-01 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 1, 2018 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 Garlock called the meeting to order at 7:00 p.m. Councilors Duggan, Paper, and Petschel were also present. Councilor Miller arrived at 7:25 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) RECOGNITION A) DOUG HENNES, PLANNING COMMISSION Mayor Garlock, on behalf of the City Council, presented a plaque to Mr. Doug Hennes, for serving three terms on the Planning Commission from 2007 to 2018. B) RESOLUTION 2018-34 RECOGNIZING MARK WESTLAKE, ST. THOMAS ACADEMY, NATIONAL SPACE SCIENCE TEACHER OF THE YEAR Councilor Petschel introduced Mr. Westlake, a science teacher at St. Thomas Academy. She stated that he is a teacher who teaches young men how to be competent at science, how to dream, how to create, how to fail, how to learn from failing, and how to accomplish extraordinary things. He started and has led the experimental vehicle program at St. Thomas Academy, which, last year, won the World Championship in terms of getting the most mileage out of a vehicle with the least possible fuel. Councilor Petschel then read the resolution recognizing Mr. Mark Westlake as National Space Educator of the Year. May 1, 2018 Mendota Heights City Council Page 1 of 8 Councilor Petschel moved to adopt RESOLUTION 2018-34 RECOGNIZING AND HONORING MARK WESTLAKE AS NATIONAL SPACE EDUCATOR OF THE YEAR. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approval of April 17, 2018 City Council Minutes; b) Approval of April 17, 2018 Council Closed Session Minutes; c) Acknowledge the March 27, 2018 Planning Commission Meeting Minutes; g) Developer's Agreement for "The Oaks of Mendota Heights", located at 2511-2525 Condon Court; 1) Approval of Claims List. a. Approval of April 17, 2018 City Council Minutes b. Approval of April 17, 2018 Council Closed Session Minutes c. Acknowledge the March 27, 2018 Planning Commission Meeting Minutes d. Acknowledge the March 21, 2018 Airport Relations Commission Meeting Minutes e. Approval of City Administrator Compensation Placement on Pay Matrix, and Adjustment f. Ratify 2018-2019 Labor Agreement with the Minnesota Public Employee Association g. Developer's Agreement for "The Oaks of Mendota Heights", 2511-2525 Condon Court h. Approve Grading Permit at 2455 Visitation Drive i. Approve Grading Permit at 1179 Centre Pointe Circle j. Acknowledgement of Fire Synopsis Report k. Approval of Treasurer's Report 1. Approval of Claims List Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEM A) APPROVAL OF APRIL 17, 2018 CITY COUNCIL MINUTES B) APPROVAL OF APRIL 17, 2018 COUNCIL CLOSED SESSION MINUTES Councilor Petschel explained that she had these two items pulled from the Consent Agenda as she and Councilor Duggan would need to recuse themselves from voting on them since they were not present at the meeting. She requested that the minutes be moved to New and Unfinished Business, later in the meeting after Councilor Miller arrives. May 1, 2018 Mendota Heights City Council Page 2 of 8 C) ACKNOWLEDGE THE MARCH 27, 2018 PLANNING COMMISSION MEETING MINUTES Councilor Duggan explained that he appreciated that the minutes were almost verbatim. He requested that the minutes for any contentious issues going forward be prepared in the same manner. Councilor Duggan moved to acknowledge the March 27, 2018 Planning Commission minutes. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) G) DEVELOPER'S AGREEMENT FOR "THE OAKS OF MENDOTA HEIGHTS", LOCATED AT 2511-2525 CONDON COURT (DICK BJORKLUND PROPERTIES, LLC) Councilor Duggan noted that this has been a challenge for many years for Mr. Bjorklund; ensuring that what they have built has been outstanding projects. Councilor Duggan moved to adopt the Developer's Agreement for "The Oaks of Mendota Heights", located at 2511-2525 Condon Court (Dick Bjorklund Properties, LLC). Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Mr. Dick Bjorklund came forward and expressed his appreciation to the Council, Public Works Director Ryan Ruzek, and Community Development Director Tim Benetti for all their help. L) APPROVAL OF CLAIMS LIST Councilor Duggan noted that the City Hall remodel had a $39,524.84 payment. He requested dated totals on what has been paid for this City Hall improvement project. Councilor Duggan moved to approve the Claims List. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) PUBLIC COMMENTS Mr. David Hiner, 1295 Kendon Lane, explained that when he moved to the area, they had septic systems and wells for many years. Now they are hit with the destruction of Lemay Lake. There is a problem with the dumping of drain water into it. There is also a problem with the city dumping the street sweeper debris and vac -truck debris too close to Lemay Lake. May 1, 2018 Mendota Heights City Council Page 3 of 8 Mr. Hiner spoke about the Michael Development site. They are going to put in tanks and a new pipe for the stormwater, however, it will eventually erode the ground and go into the lake. Stormwater near Augusta Shores goes directly into the east end of Lemay Lake. He and his neighbors have fought hard to preserve Lemay Lake and they now find themselves in another situation where the lake is being destroyed. He encouraged the Council to request that Michael Development make the new apartments for people ages 55 and over. In temis of Lake Augusta, the water is going to run downhill and erode a path to Augusta Lake, putting more silt into the lake that is already beyond repair. Mr. Ruzek says there are two storm sewer lines that are dumping into Augusta Lake. Mr. Ruzek is trying to get them to fix it. He questioned why this does not happen with Rogers Lake. He requested that the councilors go out and view the problem. Ms. Rachel Quick 554 Junction Lane, participated in a project at Valley Park with Great River Greening. She thought this was an amazing project and she understood that it was supported and sponsored by the City of Mendota Heights. There were 205 volunteers removing buckthorn and planting native species to prevent the things that are impacting water quality. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-35 APPROVING A WETLANDS PERMIT REQUEST FOR ELEVATION HOMES / ROB & SUEMI TUTTLE AT 954 WAGON WHEEL TRAIL (PLANNING CASE NO. 2018-10) Community Development Director Tim Benetti explained this request for a Wetlands Permit to Elevation Homes on behalf of Drs. Rob and SueMi Tuttle. Per City Code 12-2-6, any construction within 100 feet of a wetland or lake feature requires this permit. The subject property is approximately 4.02 acres in size, with approximately 1.97 of the area buildable. The existing house would be removed. Elevation Homes plans to construct a 5,500 square foot, two story home with a 1,193 square foot attached three -car garage. The location of this proposed building meets all setbacks. It is proposed to remove approximately 26-28 trees that are in poor shape. As part of the replacement plan, the owners are looking to putting in 24 new trees; 14 deciduous and 10 evergreens; primarily along the north edge of the driveway and on the east side. Most of the trees in the rear area will be preserved or maintained. May 1, 2018 Mendota Heights City Council Page 4 of 8 Councilor Duggan asked about a park dedication fee as he did not see it in the documentation. Mr. Benetti replied that the park dedication fee is only applicable if they are planning new lots; however, this is not a new lot. Councilor Paper, referring to the Background section that reads "All new work should have very little, if any impacts to the adjacent lake or wetland features" asked what the spacing would be on the double row of silt fencing and what else was being done to ensure that nothing runs into this lake. Mr. Benetti replied that there would be regular inspections; it is also incumbent on the builder to ensure that the silt fence is well maintained during the duration of the project. Councilor Duggan moved to adopt RESOLUTION 2018-35 APPROVING A WETLANDS PERMIT FOR PROPERTY LOCATED AT 954 WAGON WHEEL TRAIL. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 B) AMENDMENT TO THE RECREATIONAL FACILITY RESERVATION/SPECIAL EVENT POLICY Recreation Program Coordinator Meredith Lawrence explained the proposed amendment to the Mendota Heights Recreational Facility/Special Event Policy, amending priority categories. The reason for this request was due to increasing demand from sports and clubs, and the deviation from traditional sports seasons. Staff recommended amending the priority categories. The amended list separates city recognized youth athletic associations from city recognized community youth organizations and clubs. This will make the process easier for staff and clearer when administering the fields to those who want to use them. In March 2018, staff allocated the fields for the 2018 season and they will not be reallocated due to this priority list amendment. The new priority list would be effective for the 2019 year. Ms. Lawrence clarified that staff has a request for Mendota Heights Athletic Association and Sibley Area Youth Hockey to be part of the #4 category (Youth Athletic Associations) and the #5 category (Recognized Community Youth Organizations and Clubs) would include — but would not be limited to — organizations such as Rev Soccer Club. Councilor Paper asked why Sibley Area Youth Hockey was included in the #4 category. Ms. Lawrence replied that staff works very closely with Sibley Area Youth Hockey; they use the city's rinks in the winter and staff feels that they are a community based organization solely with Mendota Heights and the school district. Councilor Duggan, referencing number 5 -b -iii, noted that he liked the statement that 'the organization must be able to confidently provide ...' He then referenced 5 -b -iii -3 that reads `There must be a policy for determining teams based on ability' and stated that he assumed there is a determination of what are those policies and how they would be implemented. Ms. Lawrence confirmed that this was true. Councilor Duggan mentioned that staff may want to pluralize some of the items on the next page. May 1, 2018 Mendota Heights City Council Page 5 of 8 Councilor Petschel asked for clarification of the word "confidentially" in number 5 -b -iii. Ms. Lawrence replied that the word should be `confidently'; however, the information they provide would be kept confidential. Councilor Paper, referencing the coach's certification and training, stated that he could speak from experience that there is a background check and concussion training that all coaches are required to go through. Councilor Petschel moved to approve the amended Mendota Heights Recreational Facility/Special Event Policy, which includes youth athletic associations as a separate priority category in the allocation of fields and facilities. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 C) APPROVAL OF THE 2018 GREAT RIVER GREENING WORK PLANS Public Works Director Ryan Ruzek explained that the Council was being asked to approve two purchase orders for Great River Greening. The purchase orders are for management of invasive plants and prairie management. Over the last several years, Great River Greening has been assisting Mendota Heights in invasive species management in Valley Park. In 2018, Great River Greening is proposing to continue work at Rogers Lake Park. They are proposing to have three smaller events, which would help control the buckthorn and garlic mustard. The second purchase order would be for prairie management at Pilot Knob Hill. The purchase order amounts include the following: Valley Park, the city contribution would be $2,500 while also having private volunteer in-kind funds of $18,000. Mendota Heights would haul away the cut buckthorn. Rogers Lake, the city contribution would be $7,500 while also having private volunteer in- kind funds of $4,000. Mendota Heights would haul away the cut buckthorn. Pilot Knob Hill, the city contribution would be $10,700 while also receiving $22,800 from the Minnesota Environment and Natural Resource Trust. The work plan at Pilot Knob was also underspent by $2,000 in 2017. Councilor Petschel commented on her wonderful experience working the event at Valley Park with Great River Greening. Councilor Duggan asked if other areas of the community that have buckthorn will be included in these plans at some point in the future. Mr. Ruzek replied that they are in the process of developing a plan with the Parks and Recreation Commission. Staff is also looking to review the possibility of hiring a volunteer staff coordinator. Councilor Petschel moved to authorize the purchase orders in the not to exceed amount of $10,000 and a not -to -exceed amount of $10,700 to Great River Greening. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 May 1, 2018 Mendota Heights City Council Page 6 of 8 D) APPROVAL OF APRIL 17, 2018 CITY COUNCIL MINUTES / APPROVAL OF APRIL 17, 2018 COUNCIL CLOSED SESSION MINUTES Consent agenda items a and b were presented for approval. Councilors Duggan and Petschel were recused from voting. Councilor Duggan moved to approve the April 17, 2018 City Council Minutes and to approve the April 17, 2018 Council Closed Session minutes. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Recused: 2 (Duggan and Petschel) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the city wide clean-up day is May 5, 2018 from 8:00 a.m. to 12:00 p.m. at Mendakota Park. The Mendota Heights Par 3 also has opened for the season. COUNCIL COMMENTS Mayor Garlock stated that the West St. Paul City Council approved the City of Mendota Heights' plan to establish a memorial for Officer Scott Patrick at Smith and Dodd. Councilor Petschel noted that she, Mr. McNeill, and Mr. Benetti had an opportunity to sit down with the merchants in The Village to talk with them about their concerns and ask questions; it was a very positive and productive meeting. She also expressed her appreciation to Public Works for putting up all of the new wood duck boxes on the ponds. Councilor Miller stated that he saw on the west end of Rogers Lake a group of kids and parents cleaning the bank. He thanked them for their efforts. Councilor Paper expressed his appreciation to Chief of Police Kelly McCarthy for the community information event put on last Thursday. It was well attended. He heard of lot of very positive comments. He also reminded everyone that District 197 has an upcoming referendum vote on May 8, 2018. Early voting is open at the district offices. Additional information can be found on the District 197's website. Councilor Duggan expressed how he was impressed at the low key and in charge way Mayor Garlock ran the meetings while he was away. He also suggested that staff be allowed approximately 60 days to address Mr. Hiner's issues and try to get back to him. He noticed that The Plaza has lots of challenges, the biggest being the wetland creek area. He asked staff to take a look, take pictures, and determine what can be done to provide a much better creek — like what used to be there. May 1, 2018 Mendota Heights City Council Page 7 of 8 He talked with two police officers and they suggested that the Council consider a round -about at South Plaza Drive to handle the traffic, and possibly another round -about at Highway 149 and Wagon Wheel to help move traffic along. He noted that the small businesses in Lilydale are still open and suggested that residents visit them if they can. ADJOURN Councilor Miller moved to adjourn. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:05 p.m. Neil Garlock -- Mayor Lorri Smith City Clerk May 1, 2018 Mendota Heights City Council Page 8 of 8