2013-09-17 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, September 17, 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 Kxebsbach 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 noting the addition of item 5r. Councilmember
Duggan moved adoption of the agenda.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Kiebsbach 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 items C)
Acknowledgement of September 10, 2013 Parks and Recreation Commission Minutes; J) Approval of
Request for Proposals for Fischeiville Site Design Concepts; M) Accept August 2013 Par 3 Report; and
0) Appointment of Probationary Firefighters
a. Acknowledgement of September 3, 2013 City Council Minutes
b. Acknowledgement of September 3, 2013 City Council Closed Session Minutes
c. Acknowledgement of September 10, 2013 Parks and Recreation Con-unission Minutes
d. Acknowledgement of September 11, 2013 Airport Relations Commission Minutes
e. Accept August 2013 Fire Department Synopsis Report
f. Receive Alcohol Compliance Best Practices Report
g. Approval of Purchase of Police Department Ballistic Shields
h. Approval of Personnel Action Report and Resolution 2013-69 Appoint HIPAA Official
i. Approval of Joint Powers Agreement for Emergency Management Services
September 17, 2013 Mendota Heights City Council Page I
j. Approval of Request for Proposals for Fischeiville Site Design Concepts
k. Approval of Uncollectable Receivables for Sewer Charges
1. Approval of Resolution 2013 -70 Plans and Specifications and Authorize Advertisement for Bids,
Mendota Heights Road Force Main Replacement
m. Accept August 2013 Par 3 Report
n. Approval of Easement Acquisitions for Highway 13 Trail Project
o. Appointment of Probationary Firefighters
p. Approval of Claims List
q. Approval of Contractor List
r. Acquire easements for the Sibley Memorial Highway Bituminous Trail Improvement Project —
Xcel Energy
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
C) ACKNOWLEDGEMENT OF SEPTEMBER 10, 2013 PARKS AND RECREATION
COMMISSION MINUTES
Councilmember Duggan asked if the Mendakota Playground refurbishing project is over budget at
$83,000 as he understood it to be approved for $70,000. City Administrator Justin Miller replied that the
approval was for two different projects; one for the wood chips and one for repainting of the equipment.
He also mentioned a small change order that was approved at $2,000.
In regards to the Off -Leash Dog Area, Councilmember Duggan noted that the word "resident's" should
read "residents "'.
Councilmember Duggan moved to accept the September 10, 2013 Parks and Recreation Commission
Minutes.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
J) APPROVAL OF REQUEST FOR PROPOSALS FOR
FISCHERVILLE SITE DESIGN CONCEPTS
Mayor Krebsbach requested that Item 4 in the list of Redevelopment Goals be further defined as she
believed that it was too vague. Planner Nolan Wall replied that Item 4 was intended to be open ended so
that the designers could propose what they feel might work for the neighborhood.
Councilmember Duggan asked if it had been determined that the Superfand could help if it turns out that
underground storage tanks would need to be cleared. Administrator Miller replied that a complete
clarification on that has not been received. He reminded the Council that staff was not actually seeking
development proposals, but were seeking design concepts. Any further development needs and options
would come with the due diligence activities.
September 17, 2013 Melndota Heights City Council Page 2
Councilmember Duggan asked for clarification on the exclusion of the garage in the Scope of Work
section. Planner Wall replied that the intent is to reuse the existing building as it seems to be something
that would fit in with the site; however, the garage does not.
Councilmember Duggan asked for additional details on 'value added tasks' under Scope of Work.
Planner Wall replied that the idea was to allow the consultant to provide additional information, such as
dealing with the underground storage tanks, in their proposals since staff is not in the business of site
design. This language would alleviate limitations on the Scope of Work.
Councilmember Duggan also asked if the proposal deadline of October 4, 2013 would be enough time to
allow designers to figure out what would work for the site. Planner Wall replied that this deadline is just
for the proposals to do a site design, not the actual site design work itself.
Councilmember Norton moved for approval of Fischerville Redevelopment Request for Proposals.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
M) ACCEPT AUGUST 2013 PAR 3 REPORT
Councilmember Petschel asked what the cost estimates are to repair the damage caused by vandals.
Administrator Miller replied that staff is in the process of determining the extent of the damage, the cost
of repairs, and any possible insurance reimbursement. Chief of Police Michael Aschenbrener noted that
there are typically one to three incidents of vandalism per year at the golf course.
Councilmember Petschel moved to accept the August 2013 Par 3 report, and commended Sloan
Wallgren for the social media he is using to market the golf course.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
0) APPOINTMENT OF PROBATIONARY FIREFIGHTERS
Fire Chief John Maczko announced the addition of five new firefighters and explained the interview
process they went through. He introduced new firefighters Cory Lane, Peter Madland, George O'Gara,
Robert Petrasek, and David Winge.
Councilmember Duggan moved approval of appointment of probationary firefighters.
Councilinember Petschel seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
Mayor Krebsbach noted that with more public comments being received, and to prevent impromptu
public hearings, the Council requested that any particular topic be limited to ten minutes.
September 17, 20131fendota Heights City Council Page 3
Student Parking on Warrior Drive
Mr. Stuart Simek, 577 High Ridge Circle, informed the Council of an unnecessary problem with Henry
Sibley students parking along Warrior Drive. On a typical day there are over seventy vehicles parked
along Warrior Drive and 150 open parking spaces in the school parking lot. He and the other residents in
attendance did not blame the students for parking on the street as they would have to pay a $200 fee to
the school to park in the parking lot. The other surrounding streets have either no parking or parking
limitations to prevent student parking. He outlined concerns for safety of the students and residents.
He and the other residents with hiin would like to start the process to request a student parking ban along
Warrior Drive. Councihnember Povolny stated that this issue should go to the Traffic Safety Committee.
Mr. Craig Trautman, 575 Sibley Court, commented that he has seen over the years an increase in the
student parking on the city streets.
Mr. Ed Kocourek 605 High Ridge Circle, commented that his children wait for the school bus on the
corner of High Ridge Circle and Warrior. As a parent, it is scary to watch the high school students drive
at high rates of speed along Warrior Drive.
Mr. Kevin Bormann, 1875 Warrior Drive, voiced his concerns for the safety of the students who do not
necessarily look before crossing the street, especially fiom in between the parked cars.
Noise Ordinance
Mr. Scott Butwin, 1101 Sylvandale Road, commented that over the last 100 days he has been forced to
listen to a humming sound throughout over half of his home, with a decibel level of 53dB, because of
inferior equipment installed at the property next door. City Administrator Justin Miller clarified that the
City has a nuisance ordinance that includes noise. He also noted that this topic had been brought up to
the Council previously with a response fiom staff. However, he would double check on that response to
Mr. Butwin.
Mr. Butwin also asked about the proper disposal of pool water. City Engineer John Mazzitello replied
that pool water cannot go into the sanitary sewer system but it can go into the storm sewer system.
NEW AND UNFINISHED BUSINESS
A) APPROVAL OF RESOLUTION 2013 -53, ACCEPT FEASIBILITY REPORT FOR VICTORIA
ROAD AND ROLLING GREEN STREET IMPROVEMENT PROJECTS
City Engineer John Mazzitello explained that in August 2013 staff presented a feasibility report for the
Rolling Green and Victoria Road improvement project. Council chose to table that item for discussion at
the budget workshop. Staff is now recommending acceptance of the feasibility study and to call for a
public hearing set for November 5, 2013. Calling for the public hearing would give staff an opportunity
to hold an informal neighborhood meeting to discuss the project with the affected property owners and
neighborhood, to talk about what the project would entail, how it would be phased, and to get the
neighborhood's opinion before bringing forward options and recommendations to Council.
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Mayor Krebsbach asked for clarification on the paragraph in the resolution that states that accepting the
feasibility stztd� does not obligate the city to complete the project as z�r °oz�osed. Administrator Miller
responded by saying that the acceptance of the feasibility study does not obligate the City to do any
portion of the project. It is merely a step in the legal process.
Councilmember Duggan asked if November 5, 2013 is an election day and would there be an issue with
having the public hearing on this date. Administrator Miller confirmed that it is an election night and
would change the resolution to state that the meeting would start at 8:00 p.m. rather than 7:00 p.m. The
resolution to change the official Council meeting start time would be brought to the Council at a later
meeting.
Councilmember Duggan made a motion to adopt RESOLUTION 2013 -53, A RESOLUTION
ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE
VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT
#201308) with the change of the official Council meeting start time.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
B) APPROVAL OF ORDINANCE 456, PERMITTING ELECTRIC BOAT MOTORS
ON ROGERS LAKE, AMENDING ORDINANCE 451
City Engineer John Mazzitello explained that in May 2013 the City Council adopted an ordinance that
temporarily allowed the use of electric boat motors on the southern portion of Rogers Lake, south of
Wagon Wheel Trail. That ordinance was passed with certain conditions and restrictions on those motors.
Since that time, the Department of Natural Resources (DNR) informed the City that any change in
surface water use of a DNR regulated water body requires their concurrence on the ordinance and they
sent the City a template of how they would like to see the ordinance crafted. Mazzitello drafted a new
ordinance and submitted it to the DNR, who concurred and approved the change in surface water usage
for Rogers Lake. The amended ordinance was presented to the Council for review and approval.
Councilmember Petschel noted the addition of other licensed law enforcement personnel to be able to
enforce the conditions of the ordinance.
Councilmember Duggan made a motion to adopt ORDINANCE 456, AN ORDINANCE
REGULATING THE SURFACE USE OF ROGERS LAKE with the following conditions:
a. The motorboat must be 14 feet or less in length.
b. The motor strength must be 48 pounds of thrust or less (equivalent to 5 horsepower).
c. The motorboat must be operated at "no wake" speed.
d. Operation of motorboats is restricted to between sunrise and sunset.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
September 17, 2013 Mendota Heights City Council Page 5
COMMUNITY ANNOUNCEMENTS
Assistant City Administrator Tamara Schutta made the following announcements:
• Mendakota Park Playground is closed for refurbishing through October 1, 2013.
• Saturday, September 21 is the Mendota Heights Par 3 /Thompson Oaks 3`d annual golf
tournament and there is room for ten more players.
• ISD 197 Foundation is hosting a 5k Warrior Race on Saturday, September 28, 2013 at 9:00 a.m.
• Firefighters are going door -to -door handing out their annual report and selling tickets for the 65th
Annual Firefighters Dance, November 15, 2013, Mall of America Hotel.
COUNCIL COMMENTS
Councilmember Norton amiounced he recently was married. Congratulations were extended.
Councilmember Petschel noted the installation of the speed cart on Huber Drive. She also commented
on the positive feedback received from the residents on Decorah about their interaction with the police
and the speed cart when it was in their area.
She also mentioned the special recognitions that Officers Bobby Lambert and Tanner Spicer received
from the Dakota County Chiefs of Police Association.
Councilmember Povolny asked for a progress report on the Hunter / Orchard neighborhood construction
project. Assistant City Engineer Ryan Ruzek replied that the entire curb has been installed, with the
exception of some piece work. The contractor is starting the lift station this week and it is hoped that the
paving will be completed by the end of next week. The project is a week or two behind schedule due to
the poor weather at the beginning of the surmner.
Mayor Krebsbach commended Northdale Construction for their communication with her neighborhood
residents about when they would do the fixing of the curbs. She also commended Engineering Tech
Bobby Crane for his visibility and interaction in the neighborhood during the project.
Councilmember Duggan corrected his comment from the last meeting as Lilydaze is at the end of
September, not the beginning. He also commented on an annual sports celebration in Ireland coming up
very soon.
Mayor Krebsbach, in regards to the rental housing permitting policy, asked that a report be given at the
next Council meeting on how many rental housing units are in the City and how many single family
homes have applied for a permit.
September 17, 2013 Mendota Heights City Council Page 6
ADJOURN
Councilmember Petschel moved to adjourn.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 7:56 p.m.
San •a I iebsbach
Mayor - ---��
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Lorri Smith
City Cleric
September 17, 2013 Mendota Heights City Council Page 7