2012-07-03 City Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 3, 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, and Petschel. Councilmember Vitelli was absent.
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 Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 ( Vitelli)
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 D) Approval of
Revised Travel Policy for Elected Officials and City Staff
a. Acknowledgement of June 19, 2012 City Council Minutes
b. Acknowledgement of the June 19, 2012 Council Workshop Minutes
c. Approval of Sign Permit at 2360 Pilot Knob Road
d. Approval of Revised Travel Policy for Elected Officials and City Staff
e. Approval of Task Force Joint Powers Agreement with Minnesota Structural Collapse /Technical
Rescue Task Force Organization
f. Planning Case 2012 -19, Critical Area Permit and Wetlands Permit, 1151 Orchard Circle
g. Planning Case 2012 -21, Critical Area Permit, 1144 Kingsley Court
h. Approval of Construction Staking Contract with Pioneer Engineering for Lemay Lake Road
i. Approval of Street Striping Contract with AAA Striping Service
j. Approval of Community Development Block Grant (CDBG) Parks Restroom Accessibility
Improvements
k. Approve the Contractors List
1. Approve the Claims List
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Vitelli)
CONSENT AGENDA TOPIC
D) APPROVAL OF REVISED TRAVEL POLICY FOR ELECTED OFFICIALS AND CITY STAFF
Councilmember Duggan questioned whether Item 4, "No reimbursements will be made for attendance at
events sponsored by or affiliated with political parties" should say " ... sponsored by or associated
with ". City Administrator Justin Miller replied that this specific language was taken from the model
policy provided by the League of Minnesota Cities. However, if the Council wishes it to be changed to
`associated' that would be fine.
None of the other Councilmembers present expressed a preference.
Councilmember Duggan moved to Approve the Resolution Revising Travel Policy for All Elected
Officials and City Employees.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 ( Vitelli)
PUBLIC COMMENTS
Ms. Andrea Hoffman, speaking on behalf of her mother Mrs. Joan Hoffman residing at 666 2nd Avenue,
and Ms. Liz Mulcahy, 670 2nd Avenue, explained that they received a letter two years ago asking for
their vote on the possible vacating of the alley behind their properties. It had been their understanding
this alley had been vacated at that time, but now realize the alley was not vacated.
The recent stoiins caused tree limbs to be knocked down, which in turn pulled down the power lines
causing damage to Mrs. Hoffman's home. Because of the misconception of the vacation of the alley,
she thought that the tree belonged to her and had it cut down at her own expense. She now realizes that
the tree actually belonged to the city and she asked to be reimbursed for the cost.
City Administrator Justin Miller recommended that they speak with staff after the meeting. Staff would
give them the proper forms to submit a claim with the city.
July 3, 2012 Mendota Heights City Council Page 2
PRESENTATION
A) PRESENTATION OF 2011 AUDIT — KERN, DEWENTER, VIERE, LTD.
Mr. Matt Mayer of Kern, DeWenter, Viere, Ltd. [KDV] reviewed the Annual Audit Report for 2011.
He began the report by explaining that KDV has represented the City as its Independent Auditor for the
last three years. This year, as in the past two years, KDV gave the City an Unqualified Opinion, which
is the best opinion they can offer the City. That means that the City can rely on the financial statements
as a true picture of where the City stood financially, and also a true picture of the results of operations
for the year.
KDV also performed a Compliance Audit. The Office of the State Auditor requires KDV to test the
City on various State Statutes that apply to local governments. KDV issued a No Findings Report for
the 2011 fiscal year, which is again the best opinion possible for the City.
The 2011 General Fund Budget called for a $6.3 million in revenue and $6.5 million in spending, with
transfers in from other funds of $156,000 to balance the budget. The budget also had a minor decline in
fund balance of less than $20,000.
Actual Results:
Revenue $6.4 million ($106,000 over budget)
Expenditures $6.5 million (on budget)
Total Fund Balance increased $63,000
Mr. Mayer compared the 2011 figures to the 2010 figures; reviewed charts and graphs in terms of the
financial and operational goals versus the actual results; and reviewed the enterprise, sanitary sewer, and
stormwater funds.
He also explained the one mid -level finding on internal controls which was the lack of Segregation of
Accounting Duties. This is a very typical finding but should not be dismissed because there is always an
opportunity to improve or provide additional mitigating controls.
Councilmembers asked questions regarding the fund balance; how much of the taxpayers money the
City should keep in reserves; debt load on government obligation bonds, which were answered by Mr.
Matt Mayer of KDV, City Administrator Justin Miller, and Finance Director Kristen Schabacker to the
Council's satisfaction.
The actual Audit Report can be found on the City's website at http: / /www.mendota- heights.com.
UNFINISHED AND NEW BUSINESS
Mayor Krebsbach requested an update on the storm cleanup efforts. City Administrator Justin Miller
explained that on June 19 a major storm went through the city. Staff established a stone and debris
pickup program beginning on June 26. Administrator Miller shared a map of the city that outlined the
streets where the debris pickup had been completed. He explained the area south of Highway 110 is
almost completed. It will take approximately seven to ten more days before the entire program would be
completed.
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Councilmember Povolny asked if there were any plans to go back over the streets where the pickup has
already occurred. Administrator Miller replied there were no immediate plans to go back over those
streets and do additional pickup. However, if residents in areas that have already been completed wish
to, they could take their additional debris over to Mendakota Park.
A) APPROVAL OF STORM DEBRIS DISPOSAL CONTRACT
City Administrator Justin Miller explained the city has received bids from two contractors for the city to
rent a tub grinder to grind the pile of debris that has been collected due to the recent storm damage. The
bids received were based on the amount of chips that they would process and take away. Some residents
have expressed a desire to take some of those chips; however, at this time staff does not believe that
would be possible.
Councilmember Duggan moved Approval of Storm Debris Disposal Contract with Rumpca Contracting.
Councilmember Petschel seconded the motion.
Councilmember Duggan asked how noisy the machine would be, if the actual work hours could be
limited to specific times, and if notice letters could be sent to the residents in the area. City Engineer
John Mazzitello replied that these machines are not quiet and would make a substantial amount of noise.
It is intended that the machine would be in the park parking lot, somewhat buffered from residential
areas, but there would be noise associated with it. To keep the noise level and activity to a minimum,
the actual grinding would not start until eighty to ninety percent of the debris pickup is completed. He
also stated there would be no alteration from the city's standard work hours of 7:00 a.m. to 7:00 p.m.
Monday through Friday; 9:00 a.m. to 6:00 p.m. on Saturday; and no work on Sunday or holidays, and
that a notification letter could be sent to the residents in the area.
Ayes: 4
Nays: 0
Absent: 1 (Vitelli)
B) APPROVAL OF FIFTH AMENDMENT TO PLANNED UNIT DEVELOPMENT,
MENDOTA PLAZA/WHITE PINES SENIOR LIVING
Mayor Krebsbach explained that this topic was carried over from the last Council meeting because the
Council wanted clearer documentation from Minnwest Bank on the transfer structure of the entities and
their financial viability.
Assistant to the City Administrator Jake Sedlacek stated that Mendota Mall Associates intends to
transfer Lot 6 for development as described in the Planned Unit Development and other actions since
that Planned Unit Development was approved. The process for transfer was detailed in the original
Planned Unit Development and further detail was provided in the Consent to Transfer in the fourth
amendment. The current materials include a fifth amendment which clarifies the names of the LLC's
which will be taking on this project as well as making sure the requirements of the Planned Unit
Development are separately applied to the owners of Lot 6 and the rest of the Planned Unit
Development.
July 3, 2012 Mendota Heights City Council Page 4
Assistant Administrator Sedlacek shared a letter which details the corporations that will be involved in
the development of the site. Documentation also included the Fifth Amendment, a letter attesting the
credit worthiness of the corporations that are mentioned in the letter and in the Fifth Amendment, and
the resolution that formalizes the request. Staff recommended approval of the Fifth Amendment to the
Planned Unit Development and the Consent to Transfer.
Mayor Krebsbach asked if the Evidence of Agreement to be Bound and the Form of Proposed Transfer
Document had been received by City Attorney Tami Diehm. City Attorney Diehm replied in the
affirmative.
Mayor Krebsbach mentioned that the letter from Dorsey and Whitney referred to web pages and asked
that copies of those web pages be on file as well. Staff indicated those copies have been received.
Councilmember Duggan moved Approval of Fifth Amendment to Planned Unit Development, Mendota
Plaza/White Pines Senior Living and Resolution Approving Consent to Transfer Lot 6, Mendota Plaza
Redevelopment
Councilmember Povolny seconded the motion.
Mayor Krebsbach mentioned that all architectural aspects of the Planned Unit Development, in terms of
the exterior, which was approved earlier, does apply and is within the documentation. City Engineer
John Mazzitello stated that earlier this year he did approve, as part of the conditions of the settlement
agreement, the Planned Unit Development amendment changing the configuration and size of the
primary structure and the site amenities. Once the Consent to Transfer is approved, the building permit
plans will be compared to that Planned Unit Development amendment approval to make sure the
building permit matches what was approved in the PUD.
Ayes: 4
Nays: 0
Absent: 1 (Vitelli)
C) PLANNING CASE 2012 -18, SUBDIVISION, 953 WAGON WHEEL TRAIL
Assistant to the City Administrator Jake Sedlacek explained this site is just on the north side of Wagon
Wheel Trail and is the second to last two residential lots before the lake. The Kulhanek family has
owned these two parcels for some time. The applicant, Greg Quehl, has entered into a purchase
agreement to buy the two lots and part of the purchase agreement is to get the planning approvals
completed for his ultimate intent for the site.
Mr. Quehl would like to make an adjustment to the lot line between two parcels.. Both of the resulting
parcels would be in excess of code requirements in terms of size and frontage. The Planning
Commission held a public hearing and there were no concerns stated.
The other part of the request that Mr. Quehl has is the proposed new home on the rear lot would require
a wetlands permit. This was discussed briefly at the Planning Commission meeting on June 26;
however, between the time of the application and the meeting, staff decided they needed a little bit more
July 3, 2012 Mendota Heights City Council Page 5
detail on file for the wetlands permit. The Planning Commission recommended approval of the
subdivision request and tabled the wetlands permit.
Mayor Krebsbach asked if this action would create a flag lot, and Sedlacek indicated that it would not.
Council is requested to review and, if in agreement, approve the subdivision to adjust a lot line between
two parcels. Once that has been completed, then Mr. Quehl can move forward with the wetlands permit
application.
Councilmember Duggan moved Approval of Planning Case 2012 -18, Resolution Approving a
Subdivision at 953 Wagon Wheel Trail
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Vitelli)
D) PLANNING CASE 2012 -20, CRITICAL AREA PERMIT,
1128 SIBLEY MEMORIAL HIGHWAY
Assistant to the City Administrator Jake Sedlacek stated the applicant is seelcing to construct an off -
street parking area. It was discussed at the Planning Commission about the difficulty of parking in the
area as there is no parking along Highway 13 and the applicant is hoping to construct a parking pad for
people visiting his residence. The site plan for Dakota County does not show it, but there is a shared
easement on the existing driveway for the individuals at the next parcel , limiting the parking area on
this lot. In order to construct the parking pad, landscape work needs to be completed. The applicant has
already constructed, and is now seeking the approval, two retaining walls. He is also seeking approval
to pour a concrete pad for parking, drain tiles around the structure, and another retaining wall just before
the right -of -way for Highway 13.
At the Planning Commission meeting, it was discussed if this were brought forward before the retaining
walls had gone up, would staff had recommended approval. Planner Grittman stated that yes, the
request for a parking area was reasonable; however, they might have asked for a different type of stone
be put in place besides what is currently in the retaining wall. At the same time, the planner felt the
landscaped wall was sufficient to do what it is intended to do and landscaping could help screen any
negative impacts there may be from using a block instead of a natural stone type of material.
In terms of a natural impact, the planner recommended permeable pavers. In earlier discussions when
the application was first brought in, the applicant had asked to construct the pad with poured concrete to
match the existing surfaces. The drainage plan would allow the water to drain onto the existing
driveway and off to the side where there is current drain tile in place.
The applicant did agree with the conditions of approval at the Planning Commission meeting; however,
in discussions today he is requesting council consider not requiring impervious pavers as they would
prefer to construct the pad using poured concrete.
July 3, 2012 Mendota Heights City Council Page 6
There were no comments at the public hearing. The neighbor immediately to the south and west did
voice their support and recognized the need for the parking area. They believe the applicant has done a
nice job with the project thus far and would like to see it completed as proposed.
The Planning Commission recommended approval.
Councilmember Petschel noted the resolution mandates the semi - permeable pavers and the resident
obviously wants concrete.
Councilmember Povolny recognized the difficulty in plowing snow off the pavers.
Mayor Krebsbach asked if Lilydale had been informed of this case, and Sedlacek indicated that the work
being performed without a permit was actually brought to our attention by the City of Lilydale.
City Engineer John Mazzitello explained that whether permeable pavers or poured concrete were to be
installed, one over the other does not impact the ultimate discharge of the stormwater from the property.
The Engineering staff, although it is an increase in impervious surface, would not have a problem with
the poured concrete parking stall.
Mr. Orlando Ponce, 1128 Sibley Memorial Highway explained that the current driveway is concrete, the
neighbors have asphalt, and if he were to install permeable pavers that would make three different types
of surfaces. He believed it would be better to install concrete and it would make it easier to plow.
Councilmembers asked questions regarding landscaping, maintenance, hill runoff, which were answered
to their satisfaction.
Councilmember Petschel moved Approval of Planning Case 2012 -20, Critical Area Permit, 1128 Sibley
Memorial Highway to include the change of findings of fact number one to read "The driveway can be
constructed so as to minimize stormwater impacts"
Councilmember Povolny seconded the motion.
Ayes: 3
Nays: 1 (Krebsbach)
Absent: 1 (Vitelli)
E) ORDINANCE AMENDMENT REQUEST TO ALLOW
ELECTRIC MOTORS ON ROGERS LAKE
City Administrator Justin Miller explained that the Rogers Lake Property Owners Association has
submitted a letter requesting the allowance of electric motors on the south portion of Rogers Lake. They
also provided research about other policies on other Dakota County lakes and a petition showing support
for their request.
Staff provided to the Council language that would fit the city's code and included factors the Council
might want to consider. The Police Department also completed a survey of various cities within Dakota
County and that information was provided.
July 3, 2012 Mendota Heights City Council Page 7
Staff recommended, should the Council agree, that the Council direct staff to formally create the
ordinance with any other conditions they would like to place on it. The ordinance would be brought
forward at a future City Council meeting for approval.
Councilmember Povolny asked Mr. Tim Carlson from the Rogers Lake Homeowners Association if all
of the signatures on the petition were from property owners on Rogers Lake. Mr. Carlson replied that all
except one are Rogers Lake property owners. Councilmember Povolny also asked if there were any
Rogers Lake property owners who oppose this request. Mr. Carlson answered there are seventeen
residents and three businesses along the south side of the lake. Of the seventeen residents, twelve
approved the petition, three were unable to be contacted, and two disapproved.
Mayor Krebsbach asked what types of boats and crafts this would include. Mr. Carlson answered
typically eighteen feet would be the maximum, which is a typical size fishing boat. As for electric
motors, from what he has seen and researched, are equivalent to a ten horsepower gas motor.
Councilmember Povolny stated that electric motors do not go much faster than a person can row.
Councilmember Povolny asked for research and clarification that even on non - motorized lakes the DNR
allows electric motors for people with disabilities.
Councilmember Duggan asked for staff to check into the total number of houses on fishing lakes. He
also stated that making an ordinance for one lake is inappropriate and would prefer to have an ordinance
for all lakes that could handle boats with electric motors.
Councilmember Duggan suggested an open house be conducted, maybe in the fall, inviting the
communities around the lakes that have been determined to possibly accept boats with electric motors.
He listed his concerns as being the addition of pontoon boats, safety, and rescue efforts.
Councilmember Petschel raised the issue of there not being a boat launch, her desire to not have a boat
launch, and concerns of people dragging their boats or trailers over the parking lot curb and launching
their boats anyway. She also suggested limiting the hours electric motors would be allowed on the lake
because of the noise they make.
Mayor Krebsbach stated that the Council would take this request under advisement, work with staff, and
investigate what the implications of this whole package would be.
COUNCIL COMMENTS
Councilmember Petschel commended St. Thomas Academy because their JROTC Team won the
national title in the Academic Bowl. They also entered the Tri- Service JROTC Championship and won
there as well.
Councilmember Petschel also commented that Ian Punnett and his wife Margery were at the Olive
Grove Store broadcasting on MyTallc Radio and did a food drive.
Mayor Krebsbach reminded residents that she, Councilmember Petschel, Councilmember Povolny, and
Councilmember Duggan were available to participate in cul -de -sac parades for the 4th of July.
July 3, 2012 Mendota Heights City Council Page 8
C
Councilmember Duggan wished everyone a good and safe 4th of July celebration.
Councilmember Povolny again commended the residents of Mendota Heights for the pride they take in
their properties. Everything is always well taken care of. This was most evident after the stone damage
with everyone helping everyone else. It was fantastic.
Regarding the fireworks display at Mendakota Country Club, Chief of Police Michael Aschenbrener
stated that only one -half of the Mendota Park parking lot is covered with storm debris but the other half
is open for parking. There are also parking spaces up on top of the hill. Fireworks will start at 10:00
p.m.
Chief Aschenbrener also reminded residents that July 4th is the first Wednesday of the month and all
sirens will sound at 1:00 p.m. for the regular monthly test, even though it is a holiday.
ADJOURN
Mayor Krebsbach adjourned the meeting at 8:39 p.m.
Lorri Smith
City Clerk
sek-
Sandra'Krebsbach
Mayor
July 3, 2012 Mendota Heights City Council Page 9