2013-12-17 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 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 Krebsbach called the meeting to order at 7:00 p.rn. The following members were present:
Councihnembers 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 Norton moved adoption of the
agenda.
Councilmember Duggan 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 D) Receipt of
November Par 3 Report; E) Receipt of November 2013 Fire Department Synopsis Report; H) Approval
of 2013 Mendota Heights Athletic Association Contribution; K) Approval of Resolution 2013 -98, 2014
Sanitary Sewer Utility Rate Adjustments; N) Approval of Resolution 2013 -85, Final Payment for Marie
Avenue Street Improvements; 0) Approval of Purchase of Street Light Poles; and P) Acceptance of
Firefighter Retirements.
a. Acknowledgement of December 3, 2013 City Council Minutes
b. Acknowledgement of December 3, 2013 City Council Closed Meeting Minutes
c. Acknowledgement of December 10, 2013 Parks and Recreation Commission Minutes
d. Receipt of November Par 3 Report
e. Receipt of November 2013 Fire Department Synopsis Report
f. Approval of Resolution 2013 -86, 2013 Fire Relief Association Contribution
g. Approval of 2014 Open to Business Joint Powers Agreement
h. Approval of 2013 Mendota Heights Athletic Association Contribution
December 17, 2013 Mendota Heights City Council Page 1
i. Approval of Resolution 2013 -87, 2014 Employee Position Placement/Pay Classification Plan
j. Approval of 2014 -15 Labor Union Contracts
k. Approval of Resolution 2013 -98, 2014 Sanitary Sewer Utility Rate Adjustments
1. Approval of Resolution 2013 -99, Certifying Delinquent Utility Accounts
in. Approval of Personnel Action Report
n. Approval of Resolution 2013 -85, Final Payment for Marie Avenue Street Improvements
o. Approval of Purchase of Street Light Poles
p. Acceptance of Firefighter Retirements
q. Approval of Appointment of Building Official
r. Acceptance of Drainage and Utility Easements, 953 and 963 Wagon Wheel Trail
s. Receipt of November 2013 Treasurer's Report
t. Approval of Claims List
u. Approval of Contractor List
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
D) RECEIPT OF NOVEMBER PAR 3 REPORT
Councilmember Petschel moved to acknowledge receipt of November Par 3 Report.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
E) RECEIPT OF NOVEMBER 2013 FIRE DEPARTMENT SYNOPSIS REPORT
Councilmember Duggan mentioned he was concerned with the number of gas cylinders at the location
of the fire outlined in the Fire-Rescue Incident of Interest Report. He believes that if homes are going to
have more than two or three cylinders of gas, the City should consider requiring notification to the fire
department for safety considerations.
City Administrator Justin Miller replied that staff could look into that and report back to the Council at a
later date.
Councilmember Duggan moved to acknowledge receipt of November 2013 Fire Department Synopsis
Report.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
December 17, 2013 Mendota Heights City Council Page 2
H) APPROVAL OF 2013 MENDOTA HEIGHTS ATHLETIC ASSOCIATION CONTRIBUTION
City Administrator Justin Miller explained that over the past several years the City has budgeted to fund
the Mendota Heights Athletic Association. In 2013, the City budgeted $10,000 which was consistent
with what was budgeted in the past. Last year, the City started to ask for more documentation from the
athletic association. Staff developed a form that was completed by the association detailing the
information requested.
Mr. John Masica from the Mendota Heights Athletic Association commented that the association is
growing and the soccer program has almost doubled in the last two years with 537 participants. A lot of
volunteers and hours go into making everything in the association happen, between coaches, assistant
coaches, coirunissioners for each sport and the board of directors.
Councilmember Duggan moved to approve a $10,000 contribution to the Mendota Heights Athletic
Association.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
K) APPROVAL OF RESOLUTION 2013 -98, 2014 SANITARY SEWER UTILITY RATE
ADJUSTMENTS
City Engineer John Mazzitello stated that the City has adopted a five -year Sanitary Sewer Improvement
and Maintenance Plan (SSIMP) and part of that plan is an annual analysis of the revenues taken in by
the utility compared to the anticipated expenditures. The largest expenditure is the amount paid to the
Metropolitan Council Environmental Services for the contribution the City makes to the sewage
treatment plants for the metro area. The estimated MCS bill for 2014 is in excess of $1M; typically it
increases from 3% to 5% per year. At the end of each year staff analyzes the utility account for its
revenues and anticipated expenditures, and for the 2014 budget year staff is anticipating the necessity to
raise the sewer rates by 5 %. This would equate to a $3.00 per quarter increase of the base rate for
residential sewers. The base rate gets a resident the first 15,000 gallons of water consumption, and for
every 750 gallons over the first 15,000, an additional $2.15 is the proposed rate. Engineer Mazzitello
also reviewed the commercial rates which are proposed at a 5% increase. With these increases, the fund
should balance for 2014.
Mayor Krebsbach asked if this was the utility fund that the City subsidized for many years. Mazzitello
replied in the affirmative. The fund ran in a deficit from 1994 to 2010; which is when a major sewer fee
increase took place to make up the balance. It has been moderated year to year ever since.
Councilmember Duggan asked what the percentage increase difference was in residential in the last
couple of years. Mazzitello replied that since the rate increase of 2010, which was substantial, the City
has raised rates 5% per year for 2011, 2012, 2013, and proposed for 2014. Councilmember Duggan
asked for a comparison to similar sized cities. Mazzitello stated that in 2013, Mendota Heights had the
lowest residential base rate in Dakota County. He anticipates that would remain the same in 2014.
December 17, 2013 Mendota Heights City Council Page 3
Councilmember Duggan asked if there was a way for the City to construct its own system. Mazzitello
replied that it would take a very large quantity of land and a tremendous amount of money.
When questioned by Mayor Krebsbach, City Attorney Tom Lehman confirmed that the City is part of
the Municipal Urban Service Area (MUSA); and that the Metropolitan Council Enviromnental Services
has full jurisdiction of the wastewater treatment system within the MUSA.
Councilmember Duggan moved to adopt Resolution 2013 -98, A RESOLUTION AUTHORIZING
SANITARY SEWER USAGE RATES BEGINNING IN THE 1st QUARTER OF 2014.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
City Engineer John Mazzitello stated that notice of the rate increase would be sent out with the January
2014 bills and the increase would take effect for the April 2014 billing cycle.
N) APPROVAL OF RESOLUTION 2013 -85, FINAL PAYMENT FOR
MARIE AVENUE STREET IMPROVEMENTS
Councilmember Duggan noticed that there was a savings in the contract and wondered what would
happen to it. Finance Director Kristen Schabacker replied that once all construction costs have been
completed for a project, any remaining funds would get closed out into the debt service for that project.
So it would go towards paying down the City's debt.
Councilmember Duggan moved to adopt RESOLUTION 2013 -85 RESOLUTION ACCEPTING
WORK AND APPROVING FINAL PAYMENT FOR MARIE AVENUE REHABILITATION (EAST
OF DODD RD) IMPROVEMENT #201107 IN THE AMOUNT OF $50,463.88, TO HARDRIVES,
INC. OF ROGERS, MINNESOTA.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
0) APPROVAL OF PURCHASE OF STREET LIGHT POLES
Councilmember Duggan asked if there were any recycled or less expensive light poles available rather
than brand new ones. City Engineer John Mazzitello replied that typically a street light pole is not
removed until it is at the end of its useful life. As a general rule, they are hard to come by.
Councilmember Duggan moved to authorize the City Administrator to issue a `not -to- exceed' purchase
order in the amount of $10,172.00 for the purchase of four utility poles.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
December 17, 2013 Mendota Heights City Council Page 4
P) ACCEPTANCE OF FIREFIGHTER RETIREMENTS
Mayor Krebsbach, referring to a memo from Fire Chief John Maczko, explained that Firefighter Mike
Coonan and Firefighter Ron Katzemnaier have announced their retirement from the Fire Department.
Firefighter Coonan served for 33 years and also served in the capacity of Firefighter Chaplain.
Firefighter Ron Katzenmaier served for 19 years and was integral in many of the firefighters' volunteer
efforts. It was with regret that the City accepted their retirement.
Each of them will be recognized at the Firefighters' Fire Relief Dinner in February 2014.
Councilmember Duggan moved to regretfully accept the retirement of Mike Coonan effective January
17, 2014 and to formally thank Mike and his family for his 33 years of service to our community as a
Mendota Heights Firefighter; and to regretfully accept the retirement of Ron Katzenmaier effective
December 31, 2013 and to formally thank Ron and his family for his 19 plus years of service to our
community as a Mendota Heights Firefighter.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public cornrnents.
UNFINISHED AND NEW BUSINESS
A) RESOLUTION 2013 -88, ADOPT 2014 BUDGET AND PROPERTY TAX LEVY
Finance Director Kristen Schabacker explained that the public hearing was held at the last Council
meeting regarding the levy and budget for 2014. Union contracts have been settled and the final budget
reflects these contracts. The final levy would be at $6,603,749, a 2.92% increase; and the total budget
would be $11,603,972, a 3.49% increase.
Councilmember Povolny moved to adopt RESOLUTION 2013 -88 APPROVING FINAL 2013 TAX
LEVY COLLECTIBLE IN 2014 AND ADOPTING PROPOSED BUDGET FOR 2014.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
B) DESIGNATION OF CONSULTANT PLANNER
City Administrator Justin Miller explained that earlier this year the Council approved a Request for
Proposal (RFP) for a consultant planner. Seven proposals were received. The Council interviewed three
candidates before this meeting; Northwest Associated Consultants, Inc., Landform Professional
Services, LLC, and Stantec Consulting Services, Inc.
December 17, 2013 Mendota Heights City Council Page 5
Staff requested Council, if they have made a selection, adopt a motion directing staff to negotiate a
contract with the selected consultant. The formal contract would then be brought back before the
Council at their next meeting
Councilmember Petschel moved to direct staff to negotiate a professional services contract with Stantec
Consulting Services, Inc. as the City's Planning Consultant.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
C) ORDINANCE 454, GARAGE CODE AMENDMENTS
City Planner Nolan Wall presented the proposed ordinance amendments, which were discussed at the
October 29 City Council Workshop. Staff was directed to develop potential amendments for review by
the Council. The following issues were addressed in the proposed ordinance amendment:
o Multiple garages- One attached and one detached private garage would be allowed as accessory
buildings on residential properties .75 acres or greater.
o Detached garage size- The permitted and conditional detached garage sizes would be determined by
lot size. No single family parcel would be allowed to have a total garage floor space (detached and
attached) that exceeds 1,800 square feet or the finished square footage of the principal structure,
whichever is less.
o Garage door size- As proposed in previous draft amendments, 36 lineal feet of garage door is
permitted. More than 36 lineal feet is permitted by conditional use permit if it is not visible from a
public street or surrounding residential properties.
Councilmember Duggan asked for clarification on the total maximum garage floor space, which Planner
Wall provided.
Mayor Krebsbach asked about future lot splits and the possibility of lots then becoming noncompliant.
Planner Wall replied that staff would need to take into consideration the impacts of the lot split and how
that might impact their potential for additional accessory structures. Planner Wall confirmed that a lot
split could create a garage that is legal non-conforming. Mayor Krebsbach stated that on this point alone
she would oppose the garage code amendments. However, she cornrnended the committee that worked
on this proposal and the Planning Commission.
Councilmember Duggan moved to adopt ORDINANCE NO. 454 AN ORDINANCE AMENDING
SECTION 12 -1D -3 OF THE CITY CODE, BY AMENDING THE ALLOWABLE PRIVATE
GARAGE SIZES ON RESIDENTIAL PROPERTY.
Councilmember Petschel seconded the motion.
Councilmember Norton asked, in regards to the 1,800 square feet total, if the number is smaller than his
recollection. He would like to see that number changed to reflect what is permitted in the table [included
in the Council packet]. Councilmernbers Petschel and Povolny agreed. It was agreed that item 4 in the
resolution would be changed to read: `(4) Notwithstanding the size allowances in Subparagraph
December 17, 2013 Mendota Heights City Council Page 6
C.1.b.(3) above, no single family parcel shall have total attached and detached garage floor space that
exceeds 1,800 square fcct or the finished square footage of the principal structure, whichever is less'.
Councilmember Norton continued by stating that he would like to see the square footage limits be
foundation size rather than floor space. He would like to see it changed from up to 1,200 square feet to
say 'up to 1,200 square feet footprint'. This would avoid people building detached garages if they could
have a garage structure that is multi-story that could accommodate their needs, and from the street it
would look like a three stall garage. This amendment would change the square footage requirements to
square footprint requirements.
Administrator Miller suggested that item 3 would be changed to read: `(3) Detached private garage. One
detached private garage may be allowed on residential property as a second garage by permitted use, or
by conditional use permit, with floor areas garage square footprint up to the limits. . Councilmember
Norton agreed but suggested it should be changed throughout to make it clear.
Mayor Krebsbach suggested staff revise the ordinance with the suggestions from Councilmember
Norton and bring it back to the Council's first meeting in January.
Councilmember Duggan withdrew his motion.
Councilmember Norton moved to table the adoption of ORDINANCE NO. 454 AN ORDINANCE
AMENDING SECTION 12 -1D -3 OF THE CITY CODE, BY AMENDING THE ALLOWABLE
PRIVATE GARAGE SIZES ON RESIDENTIAL PROPERTY and giving direction to staff to strike the
1,800 square foot provision (4) as well as making the necessary corrections to the square footprint
allotments so that it is clear that it would be footprint rather than a garage area square footage, and to
bring this back to Council at the first meeting in January 2014.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
Discussion was had on the potential for lots being split and creating a non-conforming use. Counsel
Lehmann stated he would research the topic and provide the Council with a memo by the next meeting.
COMMUNITY ANNOUNCEMENTS
Assistant City Administrator Tamara Schutta made the following announcements:
• Donations to Toys for Tots should be made by noon on December 19. Toys can be brought to City
Hall or to the Police Department.
• Ice rinks are open and so are the warming houses.
• Citizens interested in serving on the Parks & Recreation Commission should submit a letter of
interest and a resume to City Administrator Justin Miller by Friday, January 10, 2014.
• City Hall will be closed on December 24 and 25 and on January 1.
• Residents have an opportunity to participate in a focus group with NDC4 on January 14, 15, and 16,
2014. NDC4 would like to hear from residents on what they think the biggest issues are that are
facing this community and what is their vision for local media in Northern Dakota County. The
current franchise agreement will end in 2015.
December 17, 2013 Mendota Heights City Council Page 7
COUNCIL COMMENTS
Councilmember Povolny wished everyone a Happy Holiday and Happy New Year.
Councilmember Duggan wished everyone a Happy Christmas and Happy Holidays. He also requested
that residents with fire hydrants in front of their homes please clear the snow away from them.
Councilmember Duggan stated the cable commission has a wonderful group of volunteers and an
outstanding executive director. Participating in a focus group is a great opportunity to let the board
know things you would like to see on cable television.
Councilmember Duggan commented that the St. Thomas Academy athletes are volunteering to help
shovel snow for the elderly and the disabled.
Councilmember Petschel wished everyone Happy Holidays. She was excited to see the end -of -year
report from the Parks & Recreation Commission and that Recreation Program Coordinator Wallgren is
going to work on setting up a kickball league for young adults.
Councilmember Norton wished everyone a Merry Christmas and a Happy New Year.
Mayor Krebsbach joined in with everyone on the Christmas greetings. She also noted that the Par 3 may
possibly be set up for Nordic skiing through St. Thomas Academy.
She thanked all of the staff, police, firefighters, volunteer reserves, and public works for all of their hard
work. She also mentioned that there would be a celebration for Mr. Paul Berg, Building Official, on
December 18. He is retiring after 34 years with the City.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 7:54 p.m
ATTEST:
Lorri Smith
City Clerk
December 17, 2013 Mendota Heights City Council
Sandra Krebsbac
Mayor
Page 8