CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA. Minutes of the Regular Meeting Held Tuesday, May 3, 2016

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1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 3, 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 Acting Mayor Povolny called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Petschel, and Norton. Absent: Mayor Krebsbach. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Acting Mayor Povolny presented the agenda for adoption. City Administrator Mark McNeill recommended that item 9d, setting a date and time for a special meeting of the City Council, be added to the agenda. Councilmember Duggan moved adoption of the agenda with the addition of 9d. CONSENT CALENDAR Acting Mayor Povolny presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan wished to acknowledge the completion of probationary period for Police Officer Stephen Hilyar and acknowledged the Police Chief for the great work being done in trying to get the Police Department back up to full staff. Councilmember Petschel moved approval of the consent calendar as read and authorization for execution of any necessary documents contained therein. a. Approve April 19, 2016 City Council Minutes b. Approve April 19, 2016 Council Workshop Minutes c. Acknowledge April 26, 2016 Planning Commission Minutes May 3, 2016 Mendota Heights City Council Page 1

2 d. Approve Resolution Accepting Gift Of $ from Erna G. Dawson e. Approve Resolution Authorizing Participation In a Joint Powers Agreement Dakota County Domestic Preparedness Committee f. Approve of Personnel Action Item g. Approve of Personnel Code Amendment h. Approve Resolution Critical Area Permit at 1081 Douglas Road, Planning Case i. Approve the renewal of Joint Powers Agreement with Dakota County for Administrative Services for the Municipal SSTS Pump Maintenance Program j. Approve Joint Powers Agreement with Dakota County for SHIP Grant Funding and Professional Services Agreement with Stantec Consulting Services, Inc. for Dodd Road Corridor Study k. Approve Engineering Infrastructure Review Contract l. Approve Claims List m. Approve March 2016 Fire Synopsis Report Councilmember Norton seconded the motion. There were no public comments. PUBLIC COMMENTS There were no presentations. PRESENTATIONS PUBLIC HEARING A) REQUIRED ANNUAL MEETING FOR NPDES PHASE II STORM WATER PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) Assistant City Engineer Ryan Ruzek explained that the City is permitted through the Minnesota Pollution Control Agency for any storm water discharge that leaves the City. The City is required to follow a number of steps. Currently, there are six required components including public education, public participation, illicit discharge detection, construction site runoff, post-construction runoff control, and pollution prevention. Assistant Engineer Ruzek outlined the action items the City completes to comply with the components. Acting Mayor Povolny opened the public hearing. May 3, 2016 Mendota Heights City Council Page 2

3 Ms. Leslie Pilgrim, 1704 Vicki Lane, stated that although there is a long list of outreach efforts she is not sure they are effective; not sure how many people are being communicated with and if people s behaviors are being changed. She does not see the residents understanding the connection of grass clippings, fertilizer, dog waste, leaves, etc. in the streets and in the stormwater drains and the connection to the City s water system. She believes the City does not have the staff or the resources to truly give the attention that this deserves. Ms. Pilgrim presented the Council with a five-page document outlining low-cost or no-cost ideas of what the City could be doing to communicate more effectively. The Council responded by explaining some of the steps the City has implemented to help prevent stormwater runoffs including increased street sweeping, barrier curb standard, residents treating lakes and ponds as permitted by the DNR, the installation of rain gardens during road reconstruction projects for residents who are interested. The Council accepted Ms. Pilgrim s presentation of ideas on increasing and enhancing communication and public education. NEW AND UNFINISHED BUSINESS A) RESOLUTION EVERGREEN KNOLLS 4 TH ADDITION PRELIMINARY/FINAL PLAT AND EASEMENT VACATIONS, PLANNING CASE Planner Nolan Wall explained the applicant was seeking approval for a Preliminary and Final Plat and associated easement vacations for the Evergreen Knolls 4 th Addition. The subject property is located at 1663 Dodd Road, is 1.25 acres, zoned R-1, and guided as low density residential development in the Comprehensive Plan. The existing lot does contain a single-family dwelling and detached garage; both of which would be demolished. There is a wetland on the site that would be filled. A wetland delineation report was submitted to the City in December 2015 and a review of that site determined that the wetland was manmade and provides no environmental benefit. As a result, the Council approved a no-loss application for the wetland in January Planner Wall noted that the vegetative buffer and the fence located on the city property (Par 3 Golf Course) would remain. Other brush-type vegetation on the site would be removed. During the Planning Commission discussion, screening or some type of fencing along Dodd Road would be encouraged. The proposal would be to divide the two existing single-family lots, which are platted as part of the Evergreen Knolls 3 rd Addition (Lots 3 and 4) into a new three plat development called the Evergreen Knolls 4 th Addition, containing Lots 1, 2 and 3. The three new lots would meet the R-1 district minimum requirements for setbacks and lot sizes. Staff believes that the proposed plat is consistent with the Comprehensive Plan and the surrounding neighborhood. May 3, 2016 Mendota Heights City Council Page 3

4 The grading plans for each individual lot would be required as part of the building permit process. On the preliminary plan, drainage would be directed in the general pattern to the existing conditions and not towards existing neighbors to the west. Several conditions regarding minor grading issues were identified and are included as conditions in the resolution. Staff recommended approval of this application with conditions. Councilmember Duggan requested that conditions 6, 7, and 8 of the resolution be addressed, especially in light of the concerns that were sent in as part of the public hearing process. Councilmember Duggan suggested that a slight berm along the three lots along the golf course side might be appropriate to prevent runoff from the three new homes. Planner Wall directed this question to City Engineer John Mazzitello to describe the existing drainage patterns in this area. Engineer Mazzitello noted that when looking at the existing conditions on the site, on the eastern end of the property the water drains into the low area the manmade depression and infiltrates into the ground. On the southern property line abutting the golf course, the contours direct water to the south and west, away from other developments. Councilmember Duggan asked if there had been many golf ball complaints from the neighboring homes in the area. Staff responded that they are unaware of any complaints. Councilmember Duggan moved to close the public meeting. Councilmember Norton seconded the motion. Councilmember Duggan moved to adopt RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT AND EASEMENT VACATIONS FOR THE EVERGREEN KNOLLS 4TH ADDITION. Councilmember Norton seconded the motion. B) ORDINANCE 494 AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE RELATING TO AIRCRAFT NOISE ATTENUATION City Engineer John Mazzitello explained that this is an issue that the Airport Relations Commission has been working on for the past several months. Staff has been trying to determine a way to solve a potential problem because the airport noise contours move on an annual basis. If there were development within the noise impact area, the potential existed for a property to be within the noise contour one year and out of the contour the next. The desire was to create something more static in nature. May 3, 2016 Mendota Heights City Council Page 4

5 Engineer Mazzitello said that he had in his research found that other cities in the immediate area of the Twin Cities International Airport (Eagan, Richfield, and Bloomington) use a static line that is established by MSP in their zoning ordinance to determine the noise attenuation contour. City staff added a provision in proposed Ordinance 494, that if any property is partially within the noise attenuation contour, it is to be considered totally within the area. By setting static boundary, it would be the developer s or the applicant s responsibility to review the noise contours to determine whether or not their project is going to be within the established noise attenuation contour. There are requirements in the rest of the ordinance that spell out what types of attenuation have to take place. The Airport Relations Commission and the Planning Commission recommended approval. However, the Planning Commission did suggest adding the phrase of or then current to the ordinance. So if MSP should change this noise contour line in the future, the ordinance would automatically adopt the change. Councilmember Petschel made the observation that she brought this to the attention of the Airport Relations Commission due to this being the age of teardowns and rebuilds. Homeowners really need to know they are in a noise-impacted area so they can build accordingly. She asked if additions to current homes would need to comply. Engineer Mazzitello replied that the current code is applicable to new development, redevelopment, and structural additions. Renovations are not required to provide attenuation under the current code. However, by adopting this new ordinance, they would be made aware that they are within that noise impact area. Councilmember Duggan moved to adopt ORDINANCE 494, AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE, CONCERNING AIRCRAFT NOISE ATTENUATION BOUNDARIES. C) APPROVE RESOLUTION ACCEPT BIDS AND AWARD CONTRACT FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507) Assistant City Engineer Ryan Ruzek explained that the Council authorized the reconstruction project called the Mendota Road Neighborhood Improvements. This project does involve reconstructing Mendota Road from Delaware Avenue to Oak Street; includes rehabilitating Sibley Court, High Ridge Circle, and Warrior Drive. Six bids were received. The low bidder, McNamara Contracting, Inc. had a bid of $1,452, The engineer s estimate for the project was $1,762,169. McNamara Contracting has done a number of projects within the City and staff is pleased to recommend them for this project. May 3, 2016 Mendota Heights City Council Page 5

6 Councilmember Duggan moved to adopt RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507), awarding the contract to McNamara Contracting, Inc. of Rosemount. D) SET DATE AND TIME FOR SPECIAL MEETING City Administrator Mark McNeill noted that staff is requesting a special meeting be scheduled for Monday, May 9 or Tuesday, May 10, Councilmembers agreed to set Monday, May 9, 2016 at 5:00 p.m. as the date and time for a special Council meeting. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: The sheep from the Dodge Nature Center arrived at Pilot Knob for grazing at the site. May 7 is Clean Up Day at Mendakota Park. Additional information is available on the City s website. Mendota Heights 5K is June 4. Registration forms are available on the City s website. June 3 is the start of the Parks Celebration with a concert at Market Square Park. June 4 beginning at 11:00 a.m. the Parks Celebration continues at Mendakota Park. COUNCIL COMMENTS Councilmember Petschel recognized Henry Sibley High School as one of two schools in the state to earn the US Department of Education Green Ribbon distinction. They have reduced their greenhouse gas emissions by 24% and their energy use by 23% over the past seven years. This has been accomplished by contributions from their Live Green Team that involves students and staff. She also said that St. Thomas Academy s Experimental Vehicle Team won the Urban Concept Category with their battery-powered car at the national competition in Detroit. Because of their win, they will be moving on to London to compete internationally. They designed a car that runs on a lithium battery that gets 1,750 miles per gallon. They not only beat other schools in the state, but they also beat Duke University, Wright State University, and Rice University in this category. May 3, 2016 Mendota Heights City Council Page 6

7 Acting Mayor Povolny moved to adjourn. ADJOURN Acting Mayor Povolny adjourned the meeting at 7:54 p.m. ATTEST: Lorri Smith City Clerk Mike Povolny Acting Mayor May 3, 2016 Mendota Heights City Council Page 7