2013-09-03 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, September 3, 2013
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 Norton.
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 Povolny seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Povolny moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling item L) Approve
Resolution 2013 -65 Providing for the Sale of General Obligation Bonds for 2013 Street Projects.
a. Acknowledgement of Revised August 6, 2013 City Council Minutes
b. Acknowledgement of August 20, 2013 City Council Minutes
c. Acknowledgement of August 27, 2013 Planning Commission Minutes
d. Accept Quotes for City Hall Gutter /Downspout Installation
e. Accept Quotes for Demolition of 2454 Lemay Lake Road
f. Approval of Temporary On -Sale Liquor License for St. Thomas Academy
g. Approve Resolution 2013 -59 Approval of Conditional Use Permit for Fence Installation, Planning
Case 2013 -12, Karla Gotham, 1533 Dodd Road
h. Approve Resolution 2013 -63 Award of Bid, Highway 13 Trail Connection Project
i. Approve Resolution 2013 -64 Approval of Highway 13 Trail Maintenance Agreement
j. Approval of Personnel Action Report
k. Approval of Leave of Absence Request for Code Enforcement Officer Paul Berg
September 3, 2013 Mendota Heights City Council Page 1
Approve rove Resolution 2013 -65 Providing for the Sale of General Obligation Bonds for 2013 Street
Pp
Projects
m. Approval of Claims List
n. Approval of Contractor List
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
L) APPROVE RESOLUTION 2013-65 PROVIDING FOR THE SALE OF
GENERAL OBLIGATION BONDS FOR 2013 STREET PROJECTS
Councilmember Norton noted that Ehlers & Associates were contacted to assist with the issuance of
these bonds. He asked if this should be reviewed since the City Attorney's firm also offers bond
services.
City Administrator Justin Miller replied that the current bond counsel is Briggs and Morgan and he
believes that the bond attorney is listed in the City's schedule of RFP's to be reviewed.
Councilmember Duggan forwarded a question on to staff that was raised by a resident in regards to what
happens if more than one-half of residents defer their street reconstruction payment. Staff will answer
this at a future meeting.
Councilmember Duggan moved to adopt Resolution 2013-65 "RESOLUTION PROVIDING FOR THE
SALE OF $1,745,000 G.O. IMPROVEMENT BONDS, SERIES 2013A"
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
PRESENTATONS
A) VICKI STUTE — PRESIDENT, DAKOTA REGIONAL CHAMBER OF COMMERCE
Ms. Vicki Stute, President of the Dakota Regional Chamber of Commerce introduced herself and gave a
brief background on her experiences. She expressed her appreciation to the City of Mendota Heights for
their commitment, leadership, and investment in and to the community.
Councilmembers asked questions and made comments in regards to the Dakota County Fair; time and
place of the joint meeting of Mendota Heights and West St. Paul Business Council; putting to rest some
urban legends in regards to the City of Mendota Heights not being in favor of cell towers and not
business friendly, and involvement with the Greater MSP Economic Development Agency.
September 3, 2013 Mendota Heights City Council Page 2
UNFINISHED AND NEW BUSINESS
A) RESOLUTIONS 2013 -66, 2013 -67, 2013 -68, ADOPTION OF
PRELIMINARY 2014 TAX LEVY AND BUDGET
Finance Director Kristen Schabacker explained the resolutions for approval of the 2014 Preliminary
Budget and Levy; and the resolution for the special taxing district, which is for maintaining the street
lights in the industrial park. In August, Council held a budget workshop to go over the 2014 preliminary
budget and at that time there were no capital purchases included. In working to keep the levy increase
below 3.00 %, the following capital purchases have been included in the preliminary budget:
• Network Switch — IT — $14,000
• LOGIS Public Safety Assessment — Police — $17,170 (remaining $25,600 is proposed to be taken
from refunds received from the previous LOGIS assessment)
• DTF Car — Police — $6,000
• 3/4 Ton Pickup — Parks — $37,500
• Wentworth Park Hockey Boards — Parks — $17,000
Schabacker then listed the capital purchases that were not included in the preliminary budget:
• Explorer vehicle ($29,000) for the police department
• Fire marshal van ($29,000)
• One -ton pickup truck ($60,000) for the street department
The budget includes a 1.00% wage increase and no increase for the City contribution for health
insurance. The general fund budget is proposed at a 1.93% increase over last year and the preliminary
levy for 2014 is approximately $187,000 greater than 2013; a 2.92% increase.
On average, the residential taxable market value rose approximately 3.80% for 2014. A home that is
valued at $290,000 in 2013 will appreciate to approximately $301,000 in 2014; and that property would
see an approximate increase of $40.00 in the City's portion of their property taxes.
Councilmember Duggan moved to adopt RESOLUTION 2013- 66 RESOLUTION APPROVING
PROPOSED 2013 LEVY COLLECTIBLE IN 2014; adopt RESOLUTION 2013- 67 RESOLUTION
APPROVING FINAL 2013 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE
IN 2014; and adopt RESOLUTION 2013- 68 RESOLUTION ADOPTING 2014 PROPOSED
BUDGET.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
B) RESOLUTION 2013- 58, REQUEST TO DISSOLVE EXISTING JOINT POWERS AGREEMENT
WITH GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION
City Engineer John Mazzitello explained that the City of Mendota Heights is currently a member of two
watershed management organizations (WMO); Gun Club Lake WMO and Lower Mississippi River
WMO, at a 25/75 ratio respectfully. A WMO is an oversight body established by the state that is
responsible for insuring compliance of member cities with stormwater management regulations, as well
as helping to regulate inter jurisdictional drainage flows from one city into another. The oversight board
that handles regulations of WMOs is the Board of Soil & Water Resources (BWSR).
September 3, 2013 Mendota Heights City Council Page 3
The Gun Club Lake WMO is currently revising their watershed management plan, which has brought up
the idea of potentially reorganizing the member cities between Gun Club Lake and Lower Mississippi
River WMOs. Staff is proposing that the portion of the city currently included in the Gun Club Lake
WMO be moved to the Lower Mississippi River WMO. This would create one watershed management
organization for the city, one set of rules, and one plan for the city to follow. It would also provide
efficiency for city staff.
City staff has spoken with staff from Inver Grove Heights and from Eagan, as well as both WMO
boards, and to the board of BWSR — all of which support this reorganization.
Mayor Krebsbach asked for confirmation that the City of Mendota Heights is totally in the Lower
Mississippi River WMO. Mazzitello replied that all of the water flows to the west into the Gun Club
Lake and the Mississippi River. The Gun Club Lake itself is located in the Lower Mississippi River
WMO and is not located in the Gun Club Lake WMO.
Councilmember Petschel moved to approve RESOLUTION 2013 -58, A RESOLUTION REQUESTING
A JOINT POWERS AGREEMENT FOR THE GUN CLUB LAKE WATERSHED MANAGEMENT
ORGANIZATION BE DISSOLVED.
Councilmember Duggan seconded the motion.
A short discussion followed in regards to the representatives from the City of Mendota Heights to the
WMOs.
Ayes: 5
Nays: 0
C) RESOLUTIONS 2013-60,2013-61, 2013 -62, PLANNING CASE 2013 -13, BUILDING AND
PARKING SETBACK VARIANCES, SCANNELL PROPERTIES 162, LLC, SOUTHWEST
CORNER OF COMMERCE DRIVE AND LEMAY AVENUE
Planner Nolan Wall stated that Scannell Properties 162, LLC has submitted an application for variances
to building and parking setbacks at the unaddressed property located at the southwest corner of
Commerce Drive and Lemay Avenue in the Mendota Heights Business Park. The property is zoned I-
Industrial and is currently vacant.
Planner Wall shared the proposed site plan. The applicant proposed construction of a 71,933 square foot
office warehouse building, to include three separate office spaces (14,400 square feet) located on the
south and west sides of the building. The remaining portion of the building would be warehouse space
(57,600 square feet). The docks would be located on the eastern boundary of the site and they are
proposed to include 104 parking stalls.
Planner Wall then explained the three variance requests and the recommendations by the Planning
Commission. Additional information and the Findings of Facts for approval and denial in all three cases
were provided to the Councilmembers.
Mr. Tim Elain of Scannell Properties was in attendance to address questions and concerns.
September 3, 2013 Mendota Heights City Council Page 4
Council members asked questions pertaining to the reasons for the building and parking variance
requests, the number of bays on the loading dock side of the building, location of the other buildings
owned and built by Scannell Properties, signage, the number of dock spaces, circulation paths for the
trucks, the reasons for the Planning Commission's denial of the building setback variance, solutions to
possible drainage issues, and the retaining wall proposed.
Councilmember Norton moved to adopt RESOLUTION 2013 -60 DENYING A BUILDING SETBACK
VARIANCE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST
QUADRANT OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS
BUSINESS PARK; to adopt RESOLUTION 2013 -61 APPROVING A PARKING SETBACK
VARIANCE OF TEN FEET ALONG COMMERCE DRIVE AND THE WESTERN BOUNDARY OF
THE SITE AT THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT
OF COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS
PARK; and to adopt RESOLUTION 2013 -62 APPROVING A PARKING SETBACK VARIANCE OF
TEN FEET ALONG COMMERCE DRIVE AND THE SOUTHERN BOUNDARY OF THE SITE AT
THE UNADDRESSED PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF
COMMERCE DRIVE AND LEMAY AVENUE IN THE MENDOTA HEIGHTS BUSINESS PARK.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• 14t" Annual Traditional Wacipi Pow Wow, September 13, 14, and 15, St. Peters Church
• 2nd Annual Police versus Fire Blazing Challenge, 2:00 p.m. on September 14 at Buffalo Wild
Wings, 1458 Robert Street S, Buffalo Wild Wings will donate 10% to Special Olympics
• 3rd Annual Mendota Heights Par 3 and Thomas Oaks Golf Tournament, September 21, tee times
still available
MOMENT OF SILENCE
Mayor Krebsbach announced with great sadness the passing of former Planning Commissioner Bruce
McManus. As the former chair of the Planning Commission, Steve Norton said a few words.
Councilmember Povolny also said a few words. Staff and Council observed a moment of silence. City
Administrator Justin Miller gave an update on the service arrangements.
September 3, 2013 Mendota Heights City Council Page 5
COUNCIL COMMENTS
Councilmember Petschel recognized and thanked Recreation Program Coordinator Sloan Wallgren for
putting on an incredible golf event for City staff and commissioners. She encouraged him to host a
tennis event for people who are golf challenged.
Councilmember Petschel also noted that the city's Gun Club Lake WMO representative, Mr. Molinaro,
welcomed identical twin girls last week.
Councilmember Duggan noted the passing of the father of Dan Tilsen, former Planning Commissioner;
the passing of a former poet laureate in Ireland by the reading of a poem; Leroy Buster Brown will be
100 this week; Lily Daze is this weekend; Holy Family Church, 1960 Lexington Avenue is having their
celebration and fall festival this weekend; and the music in the Village two weeks ago was a wonderful
success.
Councilmember Norton and Mayor Krebsbach welcomed Planner Nolan Wall.
Mayor Krebsbach wished the best to Mike Albers and to the children starting the school year, and noted
that Rosh Hashanah (Jewish New Year) is on Thursday this week.
Mayor Krebsbach moved to adjourn the meeting at 8:10 p.m.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Sa dra Krebsbach
Mayor
ATTE
Lorri Smith
City Clerk
September 3, 2013 Mendota Heights City Council Page 6