CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA. Minutes of the Regular Meeting Held Tuesday, April 19, 2016

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1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 19, 2016 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 Povolny, Petschel, and Norton. Absent: Councilmember Duggan. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved for the adoption of the agenda. Councilmember Norton seconded the motion. 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 items h.) Approval of an Access Easement Granted to the Board of Water Commissioners for the City of Saint Paul for Access to the Water Tower. a. Approval of April 5, 2016 City Council Minutes b. Approval of April 5, 2016 City Council Closed Session Minutes -Internal Affairs Investigation c. Approval of April 5, 2016 City Council Closed Session Minutes -Administrator Review d. Approval of 2016 Workers' Compensation Renewal e. Approve Temporary Liquor License for Beth Jacobs Congregation for May 22, 2016 f. Approve Massage Therapist License for Mariah Bowen at Green Lotus Yoga -Healing Center g. Adopt Ordinance No. 495 Amending Title 10, Chapters 2 & 5 Concerning Water Utility April 19, 2016 Mendota Heights City Council Page 1

2 h. Approval of Access Easement Granted to the Board of Water Commissioners for the City of Saint Paul for Access to the Water Tower i. Accept Firefighter Retirement j. Approve Firefighter Probationary Period k. Approve Resolution , Formally Accepting a Gift Of Quilts l. Approve Funds and Remediation Work for City Hall Lower Level Water/Mold Issues m. Approval of Claims List n. Approval of Treasurer's Report o. Approval of Building Activity Report p. Acknowledgement of March 8, 2016 Park and Recreation Minutes Councilmember Norton seconded the motion. PULLED CONSENT AGENDA ITEM H) APPROVAL OF ACCESS EASEMENT GRANTED TO THE BOARD OF WATER COMMISSIONERS FOR THE CITY OF SAINT PAUL FOR ACCESS TO THE WATER TOWER City Engineer John Mazzitello explained that this item is to grant an easement to the Board of Water Commissioners for the City of St. Paul, aka St. Paul Regional Water Services. With the approval of the omnibus agreement last October, staff is in the process of deeding the water storage and distribution system for the City of Mendota Heights over to St. Paul Regional Water Services, who supplies the City s drinking water. Because they will ultimately own the water tower, and it is located on city property, the City needs to grant an easement to St. Paul Regional Water Services, for access to the water tower. This easement agreement does not include any of the City s public works storage nor the public works facility. It only includes the open land, the water tower, and the storage shed next to the water tower. Councilmember Petschel moved to approve an Access Easement Granted to the Board of Water Commissioners for the City of Saint Paul for Access to the Water Tower. Councilmember Norton seconded the motion. PUBLIC COMMENTS Mr. Joe Donner, 631 Maple Park Drive, representing residents in the Ivy Hill Drive and Maple Park Drive neighborhood, requested the City Council reconsider the code amendments made in July 2015 regarding grilling on decks or patios, City Code The current code regulations apply to any structure containing three or more dwelling units and prohibits grilling on decks or ground floor patios within 15 feet of any unit. April 19, 2016 Mendota Heights City Council Page 2

3 This neighborhood consists of 16 buildings with a total of 84 owner-occupied single-family side-byside, Georgian-style townhouses. Each building contains anywhere from four to eight townhouses. The living units are separated by a firewall that extends to the roof. He continued by stating that the modification has affected their quality of life. They feel that their property values have diminished because of the code amendment. PRESENTATIONS A) VOLUNTEER POLICE RESERVE RECOGNITION Police Sergeant Peyton Fleming gave a brief background of the volunteer police reserve program and the duties they perform. The following volunteers were recognized and given Presidents Volunteer Service Awards: Randy Pentel Presidential Gold 1, hours Becky Pentel Presidential Silver hours Jim Knox Presidential Silver hours Jeff Parker Presidential Silver 250 hours B) POLICE RESERVE SWEARING IN Police Sergeant Peyton Fleming noted that Reserve Officers serve as volunteers supplementing the Police Officers. New police reserves Mr. Jon Clayton and Mr. Dan Iverson were sworn in as Probationary Police Reserve Officers. PUBLIC HEARING A) RESOLUTION , APPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 110 REHABILITATION PROJECT LAYOUT CONTINUATION OF PUBLIC HEARING FROM APRIL 5, 2016 Mayor Krebsbach reminded everyone that the public hearing was still open from the April 5, 2016 meeting. City Engineer John Mazzitello noted that at the April 5, 2016 City Council Meeting, Ms. Molly Klein from the State Department of Transportation provided a presentation to the Council and public testimony was taken. Ms. Klein was asked to give her presentation again, and then public comments were taken. Councilmembers asked questions regarding crosswalk safety. Mr. John Steenberg, 804 Ridge Place, has 650 feet of frontage on Highway 110, between Dodd Road and I-35E. He provided his experience as a civil engineer and background of working with MnDOT as a April 19, 2016 Mendota Heights City Council Page 3

4 consultant on many bridge projects. He wished to extend his support for municipal consent to allow the landowners who will have easements on their property the ability to start negotiations. Ms. Terry Baum of Boca Raton, FL, representing the Curley property, stated that she was very upset with the proposed closure of the access to Dakota Drive off Highway 110. Her father was one of the first people to develop this area. If the state closes the access, they would be land-locking their property. They have a tenant there with plans to open a daycare for over 300 children, plus adults and caregivers. This access is needed for the development of this property. Ms. Terry Baum introduced her attorney to speak to the Council. Attorney John Worrell noted that from the ownership perspective, it appears that the State is passing off its intersection problem onto the County and the City. He stated that once the access is closed, traffic will have to access Dakota Drive off Lexington. This will cause traffic to back up on Lexington due to the short left turn lane. They requested that the Council take action by rejecting the project. Mayor Krebsbach noted her objections to losing the right in, right out and losing that access at Dakota Drive. The Lessee of the Curley property at 1044 Dakota Drive reiterated his plans of a daycare on the property. Ms. Baum returned and stated that to her knowledge, since 2010, there has not been an accident along Dakota Drive and Highway 110. Councilmember Norton moved to close the public hearing. Councilmember Povolny seconded the motion. Councilmember Norton moved to reopen the public hearing Councilmember Povolny seconded the motion. Mr. Tom Wichelmann, owner of OneTen Cycles, 1040 Dakota Drive, provided the Council with a police records check that he had requested. The records check confirmed that there were no accidents at Dakota Drive and Highway 110 for the period of 2010 through City Engineer John Mazzitello replied there are no documented vehicle accidents there, however, that does not mean that it is not a safety hazard. Mr. Wichelmann expressed his desire for the Council to disapprove the closing of the access to Dakota Drive, due to the development of the daycare and the impact on his customers. April 19, 2016 Mendota Heights City Council Page 4

5 Councilmember Norton moved to close the public hearing. Mayor Krebsbach moved to approve Resolution , Disapproving Municipal Consent for the MnDOT Highway 110 Rehabilitation Project Layout. The motion failed for a lack of a second. Councilmember Norton moved to approve Resolution , Approving Municipal Consent for the MnDOT Highway 110 Rehabilitation Project Layout. Councilmember Povolny seconded the motion. Ayes: 3 Nays: 1 (Krebsbach) NEW AND UNFINISHED BUSINESS A) APPROVAL OF POLLINATOR FRIENDLY WORK PLAN Recreation Program Coordinator Sloan Wallgren explained that staff has put together a Pollinator Friendly Work Plan with the coordination of two residents who are University of Minnesota Master Gardeners. He provided a brief background on this initiative. Their mission is to promote pollinatorfriendly activities and practices through public engagement and education. Educational materials have been included in the last two issues of the Heights Highlights and are also available at City Hall. Resources will be provided on the City s website. Current projects include the Pilot Knob restoration project, the Victoria Road project, a rain garden at Par 3, and the current park management policies. The goals for 2016 will be to provide an informational booth at the June 4 th Parks Celebration and possibly a vendor there to sell native plants and pollinator-friendly materials; to showcase the Victoria Road project at end of July or early August; and to provide educational opportunities for staff. The goals for 2017 and beyond include incorporating pollinator-friendly practices into future projects [Highway 110 and Highway 149]; provide new gardens at the Par 3 golf course; work on community events [The Buckthorn Bash ]; incorporate pollinator-friendly practices in capital projects; and that the master gardeners will host resident workshops. Councilmember Petschel expressed her appreciation for all of the work that has been done to make Mendota Heights a truly pollinator-friendly city. She suggested that when the showcase of the Victoria Road Project is going on, that someone contact Reporter Nick Ferraro from the Pioneer Press for the writing of an article with pictures, and work with Great River Greening as a follow-up on some projects. April 19, 2016 Mendota Heights City Council Page 5

6 Mr. Sloan introduced the two University of Minnesota Master Gardeners, Ms. Sue Light and Ms. Cindy Johnson. Councilmember Povolny moved to receive and accept the recommended Pollinator Friendly work plan for the City of Mendota Heights. B) APPROVAL OF RESOLUTION , SUPPORTING THE RESTRUCTURING OF THE METROPOLITAN COUNCIL Mayor Krebsbach noted that this topic was discussed at the last meeting and she noted two recommended language changes in the document. City Administrator Mark McNeill recapped the discussion from the last meeting. He provided an update by stating that there are currently two bills in legislature that also address this topic. Both bills would appoint members for four-year staggering terms. The House bill provides for appointments to be nominated by a thirteen member nominating committee, which would consist of representatives of county, city governments, and the Governor s office. It would also ask for a Blue Ribbon Study Committee to take a look at the Metropolitan Council, and how it might be improved. The Senate s version is that the members would continue to be appointed by the Governor, which would be recommended by a thirteen member nominating committee; however, the majority of the representatives on that committee would be appointed by the Governor. It would also require an Equity Advisory Committee to assist the Metropolitan Council in looking for ways to improve property values and transit and for social and economic growth opportunities. Councilmember Norton moved to adopt Resolution , Supporting Principles for Reform of the Metropolitan Council. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: A new Heights Highlights will be delivered to residents within the following week Spring Clean Up Day information is available in the Heights Highlights The Parks Celebration is scheduled for June 4; with the 5K starting at 9:00 am The Summer concert schedule is available in the Heights Highlights April 19, 2016 Mendota Heights City Council Page 6

7 COUNCIL COMMENTS Councilmember Povolny reminded residents to get out and make use of the trails, whether by walking or riding a bike. He reminded residents to wear something reflective and be safe. Councilmember Petschel noted that a number of the Council and staff attended an Engineering Workshop by Dakota County. She found it immensely interesting and validating. Mayor Krebsbach encouraged everyone to get out and enjoy the nice weather and golf at the Par 3. Councilmember Norton moved to adjourn. ADJOURN Mayor Krebsbach adjourned the meeting at 8:23 p.m. ATTEST: Lorri Smith City Clerk Sandra Krebsbach Mayor April 19, 2016 Mendota Heights City Council Page 7