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2014-02-03 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Monday, February 3, 2014 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 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 c. Approval of January 24, 2014 City Council Goal Setting Workshop Minutes, f. Approval 2014 City Council Goals List, k. Approval of Claims List. a. Approval of January 21, 2014 City Council Minutes b. Approval of January 21, 2014 City Council Workshop Minutes c. Approval of January 24, 2014 City Council Goal Setting Workshop Minutes d. Approval of January 28, 2014 Planning Commission Minutes e. Approval of Police Department Cabinet Purchase f. Approval 2014 City Council Goals List g. Approval of Installation of Streetlight at 1295 Kendon Lane h. Approval of Resolution 2014 -09, Lot Split at 1134 Dodd Road i. Approval of Personnel Action Report j. Receipt of January 2014 Building Activity Report February 3, 2014 Mendota Heights City Council Page 1 k. Approval of Claims List 1. Approval of Contractor List Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) APPROVAL OF JANUARY 24, 2014 CITY COUNCIL GOAL SETTING WORKSHOP MINUTES Councilmember Petschel asked that the first sentence under Sign Ordinance Review that reads "digital signage" be changed to "electrical signage" to eliminate any misunderstanding. Councilmember Duggan requested that the Sign Ordinance Review section note the extensive discussion that was had about contacting School District 197 with a letter informing them of the Council's review of the ordinance. In response, Mayor Krebsbach replied that the minutes were not at that level of detail, and the Council will be addressing the implications of changing signage regulations for institutions and the full community will be involved and informed. City Administrator Justin Miller remarked that a phone call has already been made to the School District to inform them of this issue. Councilmember Petschel moved to approve the January 24, 2014 City Council Goal Setting Workshop Minutes with the requested Sign Ordinance Review language change from digital to electronic. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL 2014 CITY COUNCIL GOALS LIST Councilmember Duggan complimented staff for putting the list of goals together and stated he appreciated the brevity and conciseness of it. Councilmember Duggan moved to approve the 2014 City Council Goals List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF CLAIMS LIST Councilmember Duggan asked where staff will go now that Seven Corners Hardware is closing. City Administrator Justin Miller replied that he is confident that staff will find places to purchase their needed equipment. Councilmember Duggan moved to approve the Claims List Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 February 3, 2014 Mendota Heights City Council Page 2 PUBLIC COMMENTS There were no public comments UNFINISHED AND NEW BUSINESS A) ORDINANCE 459, BANNING SALE AND USE OF COAL TAR SEALANTS City Engineer John Mazzitello explained that this ordinance would prohibit the sale or use of asphalt sealants containing the substance coal tar. During their last session, the state legislature adopted a statute that prohibits the sale and use of these substances state-wide. This ordinance would be necessary for the City of Mendota Heights to be able to enforce the provisions of that state statute. Staff recommended that Council adopt the ordinance. Councilmember Petschel moved to adopt ORDINANCE 459, AN ORDINANCE TO ENFORCE THE STATUTORY PROHIBITION ON THE USE AND SALE OF COAL TAR SEALANT PRODUCTS WITHIN THE CITY OF MENDOTA HEIGHTS, MINNESOTA. Councilmember Povolny seconded the motion. Councilmember Petschel asked how the ordinance would be enforced. Engineer Mazzitello replied that ideally this would be enforced at the point-of-sale, where contractors would fill their tanks to come through neighborhoods to seal driveways. The sale is prohibited as well as the use. Councilmember Duggan noted some grammar and punctuation edits he had discussed with Engineer Mazzitello earlier. Councilmember Duggan asked about 'after the fact' discovery of usage and requested that punitive and remediation language be added to the ordinance. After discussion, it was decided that Engineer Mazzitello would work with City Attorney Tom Lehmann to add civil penalties to the ordinance. Councilmember Petschel stated that she would be comfortable amending her motion and recommend approval with the understanding that Mr. Lehmann and Mr. Mazzitello will insert the proper penalty language. Councilmember Duggan seconded the amended motion. Ayes: 5 Nays: 0 Councilmember Petschel suggested that this ordinance be noted in the Heights Highlights. February 3, 2014 Mendota Heights City Council Page 3 B) RESOLUTION 2014 -07, SUPPORT OF WUXI APPTEC MINNESOTA JOB CREATION FUND APPLICATION City Administrator Justin Miller explained that this is a resolution of support for a local company, WuXi AppTec located at 2540 Executive Drive. The State of Minnesota, through the Department of Employment and Economic Development (DEED), has created a Minnesota Job Fund which provides financial incentives to new and expanding businesses to help create new jobs with the State of Minnesota. WuXi is looking at applying for this funding and, as a part of that, they are required to provide a resolution of support from the city. WuXi is looking at expanding their facility into a second building at 2520 Pilot Knob Road. They would be upgrading their chemistry services there and include about $1.1M of capital investment in equipment, along with the addition of eight employees. They also plan to expand their current staff at the current location by six employees. Ms. Teri Tanquist, representing WuXi AppTec, gave a brief background on the company and was available to answer questions from the Council. Councilmember Duggan moved to adopt RESOLUTION 2014 - 07 A RESOLUTION SUPPORTING WUXI APPTEC AND THEIR APPLICATION TO THE MINNESOTA JOB CREATION FUND with a slight change to the second `Whereas'. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 C. RESOLUTION 2014 -08, APPROVING CONDITIONAL USE PERMITS AND VARIANCES FOR A COMPREHENSIVE SIGNAGE PLAN AT 2455 VISITATION DRIVE, PLANNING CASE 2013 -22 Planner Nolan Wall explained that Convent of the Visitation School is seeking permits to accommodate a comprehensive sign plan for their campus located at 2455 Visitation Drive. The purpose would be to consider existing and planned improvements to avoid future sign approval requests. The approved signs would then only require sign permits as long as they were compliant with the sign plan as approved. The request includes conditional use permits and variances as follows: 1. Conditional use permit to allow wall signage for a nonresidential use in a residential zone 2. Conditional use penuiit to allow a second nameplate sign for a nonresidential use in a residential zone 3. Variance for the number of signs allowed and total square feet of signage 4. Variance for entry gate sign height 5. Variance for the school gate sign height An additional variance request for electronic display signage was withdrawn at the request of the applicant. Februaay 3, 2014 Mendota Heights City Council Page 4 The Planning Commission reviewed these requests at their December 2013 and January 2014 meetings and recommended approval of each application based on the following findings of fact and conditions: Findings of Facts for Considerations 1 and 2: Conditional Use Permit to allow wall signage for a nonresidential use in a residential zone AND Conditional Use Permit to allow a second nameplate sign for a nonresidential use in a residential zone. 1. The applicant for a second nameplate and additional wall signage has property along Mendota Heights Road, a major transportation corridor in the City. 2. Institutional uses predominate along this roadway, generating significant traffic from the large facilities and mix of activities on the subject property. 3. The main buildings on the property, although fronting on Mendota Heights Road, are set back significant distances without extensive visual exposure to the main entrance drive. 4. The property, and visiting traffic, would benefit from additional exposure at the main entrance drive, beyond that of the zoning allowances of 12 square feet. 5. The applicants have proposed additional nameplate and wall signage that meets the intent of the Zoning Ordinance allowances for non - residential uses in a residential zone, and (with specific exceptions noted in the staff report) the particular requirements of the Zoning Ordinance. 6. The proposed signage would not be visible from, nor compromise the character of, the residential neighborhood that adjoins the applicant's property. 7. Where portions of the site signage may be visible, extensive setbacks and existing vegetation make such signage unreadable to residential property. 8. Subject to consideration of specific variances processed concurrently with the Conditional Use Permits, the proposed signage is compatible with the character, design, and materials as intended for such uses. Findings of Fact for Consideration 3: Variance for sign number and area. 1. Sign display for much of the signage on the property is only visible to internal site users, and not to the general public. 2. Numerous sign locations are important to distribute and direct traffic within the site and along the main entry drive. 3. Sign display that is visible to external traffic or property owners appears to be within the allowances of the sign ordinance. 4. Restricting sign numbers and square footage to just 3 signs with no more than 212 square feet, as required by the ordinance, would create a practical difficulty in making reasonable use of the property, which is comprised of large buildings and generates different types of traffic. 5. Because only a limited portion of the proposed signage is visible to the general public, the signage as proposed complies with the intent of the sign ordinance, which is to limit traffic confusion and negative aesthetic impacts on surrounding property. 6. The sign plans as proposed (or as modified under the City's approval) facilitate reasonable use of the property as a private school and monastery, uses which are consistent with the zoning and land use plans of the city in this location. 7. The unique nature of the property is that it is a school in a residential district and there are practical difficulties, including visitors and others in need of direction, to justify additional signage. Februmy 3, 2014 Mendota Heights City Council Page 5 Conditions for Consideration 4: Variance for entry gate sign height. 1. The applicant obtains a right -of -way permit. 2. The applicant obtains the additional necessary approvals required to place the sign in a public right -of -way. 3. The applicant works with city staff as to the exact location of the sign to the extent that it remains in the public right -of –way. Findings of Fact for Consideration 4: 1. The sign is consistent with a reasonable use of the property. 2. The sign, as proposed, complies with the intent to limit traffic confusion and to properly identify the monastery and the school. 3. There are practical difficulties in having a different sort of sign in that the sign could be within the nine foot requirement but that would impede the ability of trucks, fire equipment, and various other necessary vehicles from getting underneath it. So by virtue of the need to gain access to the property by those vehicles, it has to be above the nine foot line and, in fact, above sixteen feet in order to allow proper egress and ingress. 4. The structure of the sign is not inconsistent with the residential area in large measure because the location is not anywhere near any residences but is, in fact, on a rather busy road — being Mendota Heights Road and Dodd Road and on the roundabout — so there would be no negative impact on any home within the area. Findings of Fact for Consideration 5: Variance for the school gate sign height. 1. Sign display for much of the signage on the property is only visible to internal site users, and not to the general public. 2. The proposed sign is significantly lower than the surrounding building height. 3. The message portion of the structure appears to meet the nine -foot height standard, and only the architectural portion of the structure rises above that elevation. 4. Because the proposed signage is not visible to the general public, the signage as proposed complies with the intent of the sign ordinance, which is to limit traffic confusion and negative aesthetic impacts on surrounding property. 5. The sign plans as proposed (or as modified under the City's approval) facilitate reasonable use of the property as a private school and monastery, uses which are consistent with the zoning and land use plans of the city in this location. Planner Wall reviewed each application for consideration with the Council and discussions took place regarding the possibility of vacating the right -of -way, the possible ramifications if that option was chosen, and the possibility of amending the ordinance. It was decided by Council to remove Consideration 4 (Variance for entry gate sign height) at this time to allow for the possibility of amending the ordinance. This removal impacted Consideration 3 (Variance for sign number and area) and so it was also removed; leaving Considerations 1, 2, and 5. Dr. Dawn Nichols and Sister Mary Denise from Visitation and Mr. Shifflett from Opus were in attendance to answer questions posed by the Council. February 3, 2014 Mendota Heights City Council Page 6 Mr. Shifflett asked if Consideration 3 (Variance for sign number and area) could remain in the request so that if the arch sign were redesigned to accommodate the ordinance they would not have to come back to obtain approval of that Variance request. Mayor Krebsbach asked for clarification that what Mr. Shifflett requested was for the 478 total square footage signs request remain, regardless of whether or not the arch sign request was pulled. Mr. Shifflett confirmed. The Council was in support of Mr. Shifflett's request. For clarity, Planner Wall explained that the Council would be considering the following: 1. Consideration of a conditional use permit to allow wall signage for a nonresidential use in a residential zone. 2. Consideration of a conditional use permit to allow a second nameplate sign for a nonresidential use in a residential zone. 3. Consideration of a variance for sign number and area. /I. Consideration of a variance for entry gate sign height. 5. Consideration of a variance for the school gate sign height. City Administrator Justin Miller recommended Council table this resolution and direct staff to return to the next Council meeting with a new resolution approving considerations 1, 2, 3, and 5 and with findings of fact for denial of consideration 4. Councilmember Norton moved to table RESOLUTION 2014 -08, CONDITIONAL USE PERMITS AND VARIANCES FOR A COMPREHENSIVE SIGNAGE PLAN AT 2455 VISITATION DRIVE and directed staff to come back with a resolution supporting considerations 1, 2, 3, and 5 and denial of consideration 4. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The State of the City Address will be held on Thursday, February 6 at 8:00 a.m. at City Hall or residents can watch on cable television channel 18. The event is hosted by the Chamber of Commerce and is open for all residents and businesses. • The Parks and Recreation Commission will be meeting on Tuesday, February 11 at 6:30 p.m. • The Airport Relations Commission will be meeting on Wednesday, February 12 at 7:00 p.m. • City offices will be closed on Monday, February 17 for President's Day. • Residents have until Friday, February 14 at noon to complete the survey for NDC4. • Congratulations to the Police Department for winning the Wings Eating Challenge against the Fire Department. Over $1,200 was raised for Special Olympics and the Fire Relief Fund. February 3, 2014 Mendota Heights City Council Page 7 COUNCIL COMMENTS Councilmember Petschel, along with Mayor Krebsbach and Councilmember Povolny, attended the "Guns and Hoses" event, which was delightful. Councilmember Povolny attended the Housing Ceremony for the new fire truck, which will be put into service sometime within the next couple of weeks. Councilmember Duggan reminded residents to dig out the snow from around the fire hydrants in their neighborhoods. He recommended attendance at the ballroom dancing event at The Cowles Center in Minneapolis. He also shared that Xcel Energy, upon request and for a fee, will come into your home and replace most of the bulbs with the new energy efficient light bulbs. Mayor Krebsbach congratulated Brett Blaeser, Ron Katzenmaier, and Keith Stein on their retirements from the fire department as she will be unable to attend the Fire Relief Dinner. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:30 p.m. ATTEST: Lorrri Srhith City Clerk an Krebsbach Mayor February 3, 2014 Mendota Heights City Council Page 8