2012-02-08 City Council minutesMendota Heights City Council February 8, 2012
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Wednesday, February 8, 2012
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. The following members were present:
Councilmembers Duggan, Povolny, Petschel and Vitelli.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the
agenda.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Duggan moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein; pulling items F Dakota
County Spring Clean Up Joint Powers Agreement, G Resolution of Support for Noise Oversight
Committee Noise Mitigation Proposal, and K Authorization to Begin Seasonal Worker Hiring and
Recruitment Process
a. Acknowledgement of January 10, 2012 Parks and Recreation Minutes
b. Acknowledgement of January 17, 2012 City Council Minutes
c. Acknowledgement of January 18, 2012 Airport Relations Commission Minutes
d. Acknowledgement of January 24, 2012 Planning Commission Minutes
e. Acknowledgement of December 2011 Treasurer’s Report
f. Dakota County Spring Clean Up Joint Powers Agreement
g. Resolution of Support for Noise Oversight Committee Noise Mitigation Proposal
h. Approval of 2012/2013 LELS Police Union Contract
i. Approval of Sign Permit at 2520 Pilot Knob Road, Zenith American Solutions
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j. Authorization to Begin Engineering Intern Recruitment Process
k. Authorization to Begin Seasonal Worker Hiring and Recruitment Process
l. Authorize Purchase Order for Invasive Plant Removal in Valley Park
m. Acknowledgement of January 2012 Building Activity Report
n. Approve the Contractors List
o. Approve the Claims List
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
F) DAKOTA COUNTY SPRING CLEAN UP JOINT POWERS AGREEMENT
Assistant to the City Administrator Jack Sedlacek explained that the spring clean up is typically held on
the first Saturday in May. Dakota County Environmental Management approached staff in the hopes of
coordinating a household hazardous waste clean up event with the City of Mendota Heights. If the city
agreed to bump up the clean up this year by one week the Dakota County staff could be on hand to
collect household hazardous waste, which include old paints, fertilizers, chemicals, etc. They would
collect this material for free as well as electronics. The event is planned for Saturday, April 28, 2012
from 9:00 a.m. to 1:00 p.m. at Mendakota Park.
Staff will be collecting all of the items they normally collect; general rubbish, scrap metal, electronics,
bicycles, etc. This year there will be no cost for electronics and household hazardous waste will be
collected for free as well.
Approval for a Joint Powers Agreement with Dakota County is being sought by staff to do this Spring
Clean Up. The agreement is Dakota County’s standard language to define what the different
responsibilities are.
Councilmembers asked questions in regards to sanitary facilities, running water, and chemical spill
clean-up precautions.
Councilmember Povolny moved to approve the Dakota County Spring Clean Up Joint Powers
Agreement.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
G) RESOLUTION OF SUPPORT FOR NOISE OVERSIGHT
COMMITTEE NOISE MITIGATION PROPOSAL
City Administrator Justin Miller commented that the Metropolitan Airport Commission Noise Oversight
Committee took action to recommend to the Metropolitan Airport Commission that further mitigation be
done in homes, mostly in the Minneapolis area, where there is projected increase in noise. This is based
on projected changes in the way they are operating as well as changes in traffic. According to
projections, it will increase noise levels in some areas to the point that homes that were initially
mitigated as part of the consent decree at a certain level, there will now be more homes that meet that
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threshold. The Noise Oversight Committee felt that it would be fair that the MAC also mitigate those
homes as they have done in the past, under the current arrangement. The Noise Oversight Committee
made that recommendation to the full MAC and the Airport Relations Commission thought it would be a
good gesture for the Mendota Heights City Council to issue a resolution in support and let the MAC
know that the City of Mendota Heights agrees with that procedure as well.
Councilmember Petschel and Councilmember Duggan offered explanations of the background situations
and efforts that led to this resolution.
Councilmember Petschel moved to approve Resolution of Support for Noise Oversight Committee
Noise Mitigation Proposal.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
K) AUTHORIZATION TO BEGIN SEASONAL HIRING AND RECRUITMENT PROCESS
Councilmember Vitelli commented that this proposal includes a hiring for Par 3 and Council has asked
City Administrator Justin Miller to take a look at restructuring the way the golf course is managed this
coming year. Councilmember Vitelli proposes that the Council approve the seasonal hiring for Parks &
Recreation and for Public Works, but not approve the Par 3 hires at this time.
Councilmember Vitelli moved to approve the Authorization to Begin Seasonal Worker Hiring and
Recruitment Process, with the Exception of the Par 3.
Councilmember Povolny seconded the motion.
Councilmember Duggan inquired if the golf course opens early this year, assuming the weather holds
out, will there be a team in place to manage the golf course in time. City Administrator Justin Miller
replied that he believes staff will be able to come back with recommendations by the next Council
meeting. Even if it was pushed back by two weeks he believes staff will still be able to manage an early
opening.
Ayes: 5
Nays: 0
PRESENTATIONS
A) RECOGNITION OF OUTGOING CITY COMMISSION MEMBERS
The Mendota Heights City Council recognized the following outgoing city commission members:
Airport Relations Commission Robin Ehrlich 5 years
Parks & Recreation Commission Tom Kraus 5 years
Parks & Recreation Commission Steve Commers 3 years
PUBLIC COMMENTS
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Fire Chief John Maczko stated that Mr. Ken Weisenburger and Mr. John Mendez were present tonight to
present a benefit that they will be doing for one of the firefighters that is going through some problems
caused by a parasite that has severely impacted her eye.
Mr. Weisenburger and Mr. Mendez explained that Mendota Heights Firefighter Hayley Bester
encountered a parasite called the Acanthamoeba that had gotten behind her contact lens. Normally this
parasite does not survive when it gets exposed to the air. However, if it gets behind a contact lens it can
live there and grow; it can burrow and it can multiply. If not caught in time, it can cause irreparable
damage. Firefighter Bester has been going through multiple treatments and care regiments to try and
save her eye. It is her desire to educate others about this parasite so this cannot happen to anyone else.
There will be a benefit held on Saturday, February 25, 2012 from 3:00 p.m. to 8:00 p.m. at the Mendota
VFW. The benefit includes a silent auction, spaghetti dinner, and live music by Sandy and the Hitmen.
Tickets are $10 per person and everyone is invited and encouraged to attend. If residents have questions
or wish to donate to the silent auction they can contact Mr. Ken Weisenburger at 651-303-3220 or
ken.weisenburger@state.mn.us or John Mendez at 651-269-1539 or johnmmendez@yahoo.com.
Since there were firefighters in attendance, Councilmember Vitelli wished to express his appreciation to
the firefighters for a great job done during the propane fire that took place recently. Fire Chief Maczko
gave an explanation of the actual event and about the training they go through with Xcel Energy.
PUBLIC HEARINGS
A) CEC FOOD AND BEVERAGE, LLC/LE CORDON BLEU LIQUOR LICENSE
(CONTINUED FROM JANUARY 17, 2012 CITY COUNCIL MEETING)
City Clerk Sandie Thone explained this is the second and final public hearing for an Institutional Wine
and 3.2 Malt Liquor License for CEC Food and Beverage, LLC/Le Cordon Bleu, 1315 Mendota Heights
Road. They have submitted all materials and fees and a successful background investigation was
completed with the Mendota Heights Police Department.
Mayor Krebsbach opened the public hearing and asked for comments from the public.
There being no comments from the public Councilmember Duggan moved to close the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach opened the floor for discussion and questions from the council.
Councilmember Duggan moved to approve the CEC Food and Beverage, LLC/Le Cordon Bleu
Institutional Wine and 3.2 Malt Liquor License.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
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UNFINISHED AND NEW BUSINESS
A) PLANNING CASE 2012-04; VARIANCE: ISD 197/HENRY SIBLEY HIGH SCHOOL, AND
CONSIDERATION OF “RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM
WALL S IGN AREA REQUIREMENT AT 1897 DELAWARE AVENUE”
Assistant to the City Administrator Jake Sedlacek explained that Henry Sibley High School is located at
Delaware Avenue and Highway 110. The school district is asking for two variances. One is for the area
of a wall sign and the other is a variance request asking for more than one sign. The school currently has
a sign on the south side of their building that is 260 square feet. They have made a request for two
additional wall signs to be on the north side of the building. One would say Henry Sibley Warriors and
would be 140 square feet and the other would have the Henry Sibley Warriors logo and would be 50
square feet. Mr. Sedlacek shared images of the two signs.
The Planning Commission had some brief discussion on this matter and expressed concern that there
may be similar requests such as this in the future. It was felt that the variance request was the right way
to handle this and the Planning Commission did find six findings that they felt supported the request for
variance. There were no comments at the public hearing and the Planning Commission did recommend
approval of the variance as proposed.
Councilmembers asked questions and expressed concerns in regards to the placement of the logo on the
wall, wording of the resolution and the language in the resolution, possible future illumination of the
sign, and that the resolution does not set precedence.
Councilmember Duggan moved to table approval of a “Resolution Approving a Variance from the
Maximum Wall Sign Area Requirement at 1897 Delaware Avenue” and have it come back once the
language has been clarified.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
B) COMMERCIAL PROPERTY MAINTENANCE ORDINANCE
Assistant to the City Administrator Jake Sedlacek explained that this topic was discussed in November
of 2010 and again at the 2011 City Council work session asking staff to come up with an estimate for
creating a draft ordinance. That was approved in June 2011. Since that time, Planner Stephen Grittman
has come up with a draft ordinance, has presented that to the Planning Commission for brief discussion,
and is now presenting it to the Council.
NAC Planner Stephen Grittman explained that the intent of a Property Maintenance Code is to talk
about the requirements for existing conditions and existing developed properties. It is not intended to
replace or substitute for zoning regulations, which apply at the time typically that a property is being
developed. He then walked the Mayor and Councilmembers through the draft ordinance. There were ten
basic paragraphs:
1. Findings and Purpose Statement
2. Definitions
3. Building and Structure Appearance and Safety Requirements
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4. Maintenance Requirements for Vacant Buildings
5. Landscaping and Grounds Maintenance
6. Accessory Buildings/Accessory Uses
7. Accumulation and Hazardous Materials
8. Rubbish, Garbage and Trash
9. Storm Drainage
10. Abatement and Enforcement
Councilmembers made comments, suggestions, and questions in regard to enforcement, adding of
language that is a bit more specific, and definitions.
Next steps: suggestions and comments from the Council and the Planning Commission will be made to
the draft ordinance and it would be brought back to Council, then to the Planning Commission for a
public hearing, notice to the local businesses about the ordinance, and back to the Council for adoption.
COUNCIL COMMENTS
Mayor Krebsbach noted that Mr. Ed Paster of Paster Enterprises passed away since the last council
meeting and sent her sympathies to the family. Mayor Krebsbach also mentioned that South Saint Paul
is celebrating its 125th birthday.
CLOSED SESSION
Mayor Krebsbach stated that, pursuant to Minnesota Statute, council is going into Closed Session to
Develop or Consider Offers or Counter-offers for the Purchase of a Sale of Real or Personal Property at
2454 LeMay Lake Road.
Councilmember Duggan moved to adjourn to Closed Session to Develop or Consider Offers or Counter-
offers for the Purchase of a Sale of Real or Personal Property at 2454 LeMay Lake Road.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
ADJOURN
Mayor Krebsbach adjourned the meeting at 8:22 p.m.
____________________________________
Sandra Krebsbach
Mayor
ATTEST:
_______________________________
Sandie Thone
City Clerk