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2014-04-01 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 1, 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 Povolny, Petschel, and Norton. Councilmember Duggan was absent. 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 Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 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 D) Approve Resolution 2014-16, Approval of Lot Split at Oak Street/North Freeway Road, Planning Case 2014-08, F) Approval of Lexington Crosswalk Joint Powers Agreement with Dakota County, G) Approval of March 18, 2014 Traffic Safety Committee Recommendations, I) Approval of Personnel Action Report, J) Approval of Resolution 2014-17, Support for Noise Oversight Committee/Metropolitan Airports Commission Area Navigation Position Statement, and K) Approval of Change in Start Time for May 61h City Council Meeting. a. Approval of March 18, 2014 City Council Minutes b. Approval of March 25, 2014 Planning Commission Minutes c. Approval of 2014 Par 3 Maintenance Contract d. Approve Resolution 2014-16, Approval of Lot Split at Oak Street/North Freeway Road, Planning Case 2014-08 • April 1, 2014 Mendota Heights City Council Page 1 e. Approval of North Urban Regional Trail Joint Powers Agreement with Dakota County f. Approval of Lexington Crosswalk Joint Powers Agreement with Dakota County g. Approval of March 18, 2014 Traffic Safety Committee Recommendations h. Approval of Temporary On -Sale Liquor Licenses i. Approval of Personnel Action Report j. Approval of Resolution 2014-17, Support for Noise Oversight Committee/Metropolitan Airports Commission Area Navigation Position Statement k. Approval of Change in Start Time for May 6th City Council Meeting 1. Approval of Resolution 2014-18, Cooperative Construction Agreement with MnDOT for Storm Water Drainage Improvements at Marie Avenue and I -35E m. Receipt of March 2014 Building Activity Report n. Approval of Claims List o. Approval of Contractor List Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEM D) APPROVE RESOLUTION 2014-16, APPROVAL OF LOT SPLIT AT OAK STREET/NORTH FREEWAY ROAD, PLANNING CASE 2014-08 Planner Nolan Wall explained that the applicant requested a lot split for a vacant unaddressed parcel. The parcel is located at the southeast corner of Oak Street and North Freeway Road, and is owned by Roger and Grace Pass. The property is zoned R-1 low density residential. The applicant has a purchase offer on the parcel contingent on approval of this lot split request. If approved, the applicant intends to construct two new single family homes with access onto Oak Street. If approved, Parcel A would be 21,140 square feet and Parcel B would be 21,088 square feet; both parcels would have 125 feet of frontage on Oak Street, which would meet the zoning requirements. Both parcels would be compliant with the R-1 zoning requirements and consistent with the comprehensive plan. Councilmember Povolny moved to approve Resolution 2014-16, Approval of Lot Split at Oak Street/North Freeway Road, Planning Case 2014-08. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 F) APPROVAL OF LEXINGTON CROSSWALK JOINT POWERS AGREEMENT WITH DAKOTA COUNTY City Engineer John Mazzitello explained that this is a joint powers agreement between the City of Mendota Heights and Dakota County for the installation of a crosswalk on Lexington Avenue at Victoria. It is scheduled for construction this summer. April 1, 2014 Mendota Heights City Council Page 2 The project would consist of new pedestrian ramps on the east and west sides of Lexington, as well as a center median for pedestrian safety between the northbound and southbound traffic. The crosswalk would be striped between the pedestrian ramps and the median. The joint powers agreement outlines the cost split for the project. The county would pay 45% of the construction costs and the City would pay the remaining 55%, which is estimated at $17,854. Councilmember Norton moved to approve the Joint Powers Agreement with Dakota County for Installation of a Pedestrian Crosswalk on Lexington Avenue (CR43) at Victoria Road. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 G) APPROVAL OF TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS City Engineer John Mazzitello stated that the Traffic Safety Committee met on March 18, 2014 regarding the continuation of a resident request to curtail parking on the east side of Warrior Drive, adjacent to Henry Sibley High School. The Committee discussed the plans that Dakota County has for the North Urban Regional Trail Greenway Realignment, which would be constructed this summer. The County is proposing to realign the North Urban Regional Trail to run parallel to Warrior Drive. As part of that project, the County is including three no parking zones along the east side of Warrior Drive; the first of which would be at the north end of Warrior Drive, south of the entrance drive to Henry Sibley High School and would be approximately 275 feet long, and the other two no parking zones would be 20 feet on either side of the two pedestrian access points located just north of Sibley Court and High Ridge Circle. It was estimated that the total combined no parking area would eliminate approximately 20 cars from being able to park on the east side of Warrior Drive. Because of this development, the Traffic Safety Committee recommended the Council take no action at this time to further curtail parking so that staff has an opportunity to observe the new no parking areas in September 2014, after school begins. At that time, if the Council would choose to institute a no parking area along the entire eastern side of Warrior Drive the Traffic Safety Committee would recommend mailing a survey to the surrounding property owners asking for feedback and public opinion from the potentially impacted residents. Councilmember Povolny, as a member of the Traffic Safety Cominittee, echoed Engineer Mazzitello's comments. He also noted that if the cars are not allowed to park along Warrior Drive, then they will start parking in the surrounding neighborhoods and the situation would move rather than be solved. Mayor Krebsbach recommended that the timeline for review of the situation be moved up rather than waiting until September and that the survey is sent out to the potentially impacted residents now. Councilmember Petschel commented that she does not think the no parking zones to be installed by the County would be honored. She also noted that, based on her observations, cars that come off of April 1, 2014 Mendota Heights City Council Page 3 Delaware are driving through the school parking lot, come down Warrior Drive from the north, and then do a u -turn into a parking place. She does not feel these issues are going to go away, even with 20 less parking spaces. As for the comment that if they cannot park along Warrior Drive they will park somewhere else, that should be addressed when and if it comes up. Councilmember Petschel also stated that she has seen other schools where students are not permitted to drive on certain streets, let alone park on them. Mayor Krebsbach suggested that the Council acknowledge the receipt of the Traffic Safety Committee Report, and take another look at this before September, and to also poll the neighborhood. Councilmember Petschel agreed with the Mayor's suggestion to address this issue at this time. Mayor Krebsbach asked for comments from the public with the understanding that there would not be a vote this evening to ban parking along Warrior Drive and that this was not a public hearing. Mr. Stuart Simek, 577 High Ridge Circle, stated that this really comes down to an issue of 50-70 cars parking along Warrior Drive with 150 open parking spaces in the high school parking lot. It is frustrating to have a property with ample parking that is not being used. He asked the City Council and City staff to give the residents any other examples of businesses or operations within the City of Mendota Heights where they are faced with this issue five days a week, nine months a year. He referenced the `public nuisance' definition in the City Code Sec 1-3-2 and Sec 4-1-1. He asked the Council to take into consideration that Henry Sibley is a residentially zoned property. He commented that the school has, in essence, made a mockery of the City Code by turning the tax payer funded parking lot into a commercial enterprise. The Traffic Safety Committee failed to take into consideration that other high schools have a perimeter around the school which does not allow the city streets to become a secondary parking lot. He requested that Council ban student parking along Warrior Drive and therefore not force students and neighbors into an unsafe environment. Warrior Drive is not a safe place for students to park. He also asked for relief before the start of the 2014-2015 school year and stated that there is no need for another seven month study as the residents who are adversely affected the most are the property owners along Warrior Drive and the edge of High Ridge Circle and Sibley Court. He thanked the city staff for defining this as a problem and acknowledging it. He asked the city to look to West St. Paul who has already solved this problem. He requested that the City Code be changed to prohibit the implementation of a pay lot at all high schools. It is not fair to the residents for a school to be charging $250/year that is funded by property taxes. Mr. Craig Troutman, 575 Sibley Court, stated that he lives on the corner and has young children and has to worry about daily traffic activity in the area. Besides the parking issue, his frustration is that a public school district is charging for parking. When the students come out of the school — from Delaware through the parking lot and onto Warrior Drive — there is only two logical places that they can make a April 1, 2014 Mendota Heights City Council Page 4 U-turn, if they do it properly. Most of the students do not live in the neighborhood so there is no respect for the people and children who do so. He commended the Chief and the Safety Committee for looking at other solutions, including speed bumps to reduce speed, one-way entrance or exit from Warrior Drive to Sibley. If the Council is not going to ban parking they should at least ban U-turns and have some well thought-out plans on how that traffic flow goes. Mayor Krebsbach asked for clarification on what the Council's options are at this point. City Administrator Justin Miller replied that there are several options: • Take the Traffic Safety Committee's recommendation to evaluate the issue again after the installation of the trail in the fall semester • Direct staff to: o Prepare an ordinance for no parking o Provide a survey or to collect information from the area residents Councilmember Norton asked if staff's recommendation would be a cost saving measure. Engineer Mazzitello replied that is part of it. Also, because 20 vehicles that currently park on Warrior Drive are going to park somewhere else, staff wants to see where that will be before taking any actions. Councilmember Petschel moved that Council direct staff to begin researching the development of an ordinance to address the parking situation on Warrior Drive and perhaps a more comprehensive zoning solution to the parking around Henry Sibley High School with a suggested parking ban from 8:00 a.m. to 2:00 p.m. every weekday during the school year. Councilmember Norton seconded the motion. Ayes: 3 Nays: 1 (Povolny) Absent: 1 (Duggan) Mr. Simek stated, with respect to Engineer Mazzitello's position and statement, when he has driven through West St. Paul researching this topic, it appeared to him that they do not have a student parking problem. I) APPROVAL OF PERSONNEL ACTION REPORT City Engineer John Mazzitello announced that the City has hired a new Project Engineer in the Engineering Department; Mr. Almin Ramic. Mr. Ramic comes from the MN Department of Transportation Graduate Engineer Program and is a graduate of the University of Minnesota. He would be joining the City on Monday, April 28, 2014. Councilmember Petschel moved to approve the Personnel Action Report. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 April 1, 2014 Mendota Heights City Council Page 5 J) APPROVAL OF RESOLUTION 2014-17, SUPPORT FOR NOISE OVERSIGHT COMMITTEE/METROPOLITAN AIRPORTS COMMISSION AREA NAVIGATION POSITION STATEMENT Councilmember Petschel explained that the position statement defines what the ground work should be if the FAA would return to MSP to implement area navigation on the departures from the airport. She further stated that there is no area navigation at the airport for departures; but for arrivals, there is. There is nothing about the departures that is going to change. Should the FAA return and want to institute area navigation on the departures, there is a set of expectations about what they will provide to the cities. Councilmember Norton moved to approve Resolution 2014-17, Supporting the Metropolitan Airports Commission Position Towards Future Implementation of Area navigation at MSP International Airport. Mayor Krebsbach seconded the motion. Ayes: 4 Nays: 0 Absent: 1 K) APPROVAL OF CHANGE IN START TIME FOR MAY 6TH CITY COUNCIL MEETING City Administrator Justin Miller stated that the school district has scheduled a bond referendum election on May 6, the same night as the regularly scheduled Council meeting. State statutes prohibit cities or public meetings from being held between 6:00 — 8:00 p.m. on election dates. Staff recommended that the City Council move the start time of their meeting to 8:00 p.m. Councilmember Povolny moved to approve changing the start time of the May 6, 2014 Council meeting to 8:00 p.m. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS A) RESOLUTION 2014-15 APPROVAL OF CONDITIONAL USE PERMIT FOR 2334 SWAN DRIVE, PLANNING CASE 2014-07 Planner Nolan Wall explained that the applicant requested a Conditional Use Permit (CUP) to construct a fence in a back yard. The property is located at 2334 Swan Drive and is a corner lot with driveway access onto Swan Drive and a side yard abutting Bluebill Drive. The property is currently owned by Lee Violet and Joe Rueckert and contains a single family dwelling. April I, 2014 Mendota Heights City Council Page 6 The proposed fence would encompass the back yard of the property. City code requires a CUP for fences over 36 inches within the setback area. In addition, the code requires that no fence can exceed 36 inches within a side yard of a corner lot which may interfere with visibility across the corner. The proposed fence would be five feet tall, would be chain link black vinyl coated material, and would be set -back approximately four feet from the side and rear property lines. Staff recommended approval of this application. Councilmember Norton asked for clarification on the visual provided on the location of the property lines and the proposed fence. Councilmember Norton moved to approve Resolution 2014-15 Approval of Conditional Use Permit for 2334 Swan Drive, Planning Case 2014-07. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Dakota County Public Health is taking registrations for the Simple Step Program, which runs April 1 through July 31. • The Par 3 Golf Course is planning on opening on April 12, 2014. • Spring Clean -Up Day is May 3 to be held at Mendakota Park from 8:00 a.m. to 1:00 p.m. The Shredding Event is being held at American Bank from 9:00 a.m. to 12:00 p.m. COUNCIL COMMENTS Councilmember Norton noted that he and his wife have registered for the 5K taking place on June 7. He also wished a happy birthday to his sister. Councilmember Petschel also stated that she has registered for the 5K. City Administrator Justin Miller announced that Public Works Director/City Engineer John Mazzitello retired after 22 years of total service to the United States Military. Lieutenant Colonel John Mazzitello most recently served as the Commander of the 148th Civil Engineering Squadron of the 148th Air National Guard Wing based out of Duluth, Minnesota. This culminates a 22 year career, including active duty from 1992 to 1998 and the Air Force Reserves from 1998 to 2001. He has served in assignments to Italy, England, Alaska, Guam, Duluth, and most recently assuming the command of the 148th Civil Engineering Squadron. He was also deployed in support of Operations Desert Storm, Southern Watch, Provide Promise, Deny Flights, No More Evil, Jump Start, Enduring Freedom, and his last and most recent deployment was in 2009-2010 when he served in Afghanistan. April 1, 2014 Mendota Heights City Council Page 7 ADJOURN Councilmember Norton moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 8:04 p.m. ra Krebsbach Mayor ATTEST: Lorri Smith City Clerk April 1, 2014 Mendota Heights City Council Page 8