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2014-04-15 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 15, 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 Povolny moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the .consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approval of April 1, 2014 City Council Minutes, 1) Accept Retirement of Public Works Superintendent Tom Olund, g) Approval of Personnel Action Report, and h) Approval of 2014 Workers Compensation Insurance Renewal. a. Approval of April 1, 2014 City Council Minutes b. Approval of April 8, 2014 Parks and Recreation Commission Minutes c. Approval of April 9, 2014 Airport Relations Commission Minutes d. Approval of Dakota County Pictometry Services Joint Powers Agreement e. Approval of Valley Park Invasive Species Removal Contract with Great River Greening f. Accept Retirement of Public Works Superintendent Tom Olund g. Approval of Personnel Action Report h. Approval of 2014 Workers Compensation Insurance Renewal April 15, 2014 Mendota Heights City Council Page 1 i. Receipt of April Par 3 Update j. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF APRIL 1, 2014 CITY COUNCIL MINUTES Mayor Krebsbach asked City Attorney Tom Lehmann for the proper protocol for Councilmember Duggan's request to challenge the minutes since he did not attend the meeting in person but watched the video. Counsel Lehmann replied that anyone can review the minutes and request a change Councilmember Duggan explained that there was extensive discussion on parking on Warrior Drive. Two key points that he felt should have been included in the minutes included the definition of public nuisance from the City Code and how Mr. Simek thanked the Council for acknowledging the fact that it is a problem and not a frivolous situation by a citizen who is not happy. Mayor Krebsbach recommended that the minutes be tabled and have that particular section reviewed and have the approval of the minutes brought back to the next meeting. Councilmember Norton moved to table approval of the April 1, 2014 City Council Minutes. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 F) ACCEPT RETIREMENT OF PUBLIC WORKS SUPERINTENDENT TOM OLUND Mayor Krebsbach stated that it was with pride and regret that they have learned that Mr. Tom Olund will be retiring from his position as Public Works Superintendent. Public Works Director/City Engineer John Mazzitello said that Public Works Superintendent Tom Olund has notified the City of his intent to retire at the end of May. Mr. Olund has completed 40 years of service with the City of Mendota Heights beginning in 1974, when the City was approximately 1/3 of the size it is now. Much of the credit that goes to the Public Works Department for the maintenance of our infrastructure is directly related to what Mr. Olund has provided the City for four decades. Councilmember Petschel moved to recognize the retirement of Public Works Superintendent Tom Olund effective May 30, 2014, with much regret and respect. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 April 15, 2014 Mendota Heights City Council Page 2 G) APPROVAL OF PERSONNEL ACTION REPORT In regards to the position description for the Public Works Superintendent, Councilmember Duggan asked for clarification of the fourth bullet point under `Essential Duties' which reads "Administer union contract and personnel policies". City Administrator Justin Miller replied that this position supervises members of the Teamsters Union, which Public Works employs. Therefore, it is the expectation of this position that they would have a working knowledge of the union contract and be able to administer the work conditions at the Public Works Garage to meet that contract. Councilmember Duggan moved approval of Personnel Action Report. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 H) APPROVAL OF 2014 WORKERS COMPENSATION INSURANCE RENEWAL Councilmember Duggan asked if there is any way in which the City could encourage safer and preventative practices in work areas to reduce workers' compensation costs. City Administrator Justin Miller replied that Assistant to the Administrator Tamara Schutta manages the Safety Committee and they meet periodically throughout the year. They address every injury that is reported. If there is an area that continues to appear, then they take actions remedy that. There are always improvements when it comes to safety, but staff tries to do their best to eliminate all of the hazards as much as possible. The cases where Council sees some spikes mainly involve one or two claims per year; so there is not a huge increase in the number of claims, it's just that the ones they have might be more expensive than in the past. Councilmember Duggan moved approval of 2014 Workers' Compensation Insurance Renewal. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) VOLUNTEER RESERVE OFFICER RECOGNITION Chief of Police Michael Aschenbrener noted that the City's Reserve Officers are non -licensed volunteer members of the Police Department, as recognized by Minnesota State Statute. They do a lot of non- essential functions for the department like checking locks and residential home visits for people who are out-of-town on vacation, all the way up to providing assistance on a homicide case by trampling through the woods, or providing overnight security. They are the eyes and ears of the department on the street. They cover tasks that staff would not have the time or the bodies to do. They participate in on-going training and are probably leading the way in northern Dakota County for the reserve programs. They put in hundreds of hours of volunteer work. April 15, 2014 Mendota Heights City Council Page 3 Chief Aschenbrener explained that the President's Volunteer Service Award recognizes individuals and groups that have achieved a certain standard – measured by the number of hours of service over a 12 - month period. The awards are as follows: Bronze Award – between 100 and 249 volunteer hours; Silver Award – between 250 and 499 volunteer hours; Gold Award – 500 or more volunteer hours; Lifetime Award - donated in excess of 4,000 hours in a lifetime. Chief Aschenbrener then recognized the recipients of the following Presidential Volunteer Service Awards, which were handed out by Mayor Krebsbach: Randy Pentel — Presidential Gold Jim Knox — Presidential Gold Becky Pentel — Presidential Silver Jeff Parker — Presidential Silver Jerry Murphy — Presidential Bronze George Castillo — Presidential Bronze 1,253 hours 561 hours 356 hours 253 hours 140 hours 132 hours Randy Pentel was also awarded the Lifetime Award for donating a total of 4,701 volunteer hours. B) DAKOTA COUNTY CDA / MAXFIELD RESEARCH HOUSING NEEDS STUDY Planner Nolan Wall introduced members of the Dakota County Community Development Agency, Ms. Leah Petricka and Ms. Kari Gill. Ms. Mary Bujold, President and Director of Research at Maxfield Research, Inc. was also present. Leah Petricka explained that the Dakota County CDA contracted with Maxfield Research, Inc. to update the Housing Needs Assessment Study. They originally did a study in 2005 and were asked to relook at the population projections, housing demand, and other essential areas. Ms. Mary Bujold, President and Director of Research at Maxfield Research, Inc. presented a summary of the Dakota County Comprehensive Housing Needs Findings, including a focus on Mendota Heights and some of the specific fmdings for the community. Key Takeaways of her report included: o Recommend that Mendota Heights consider the development of a new market rate rental housing property sometime in this decade or potentially the next decade o There is a continued high need for shallow and deep subsidy housing at all income levels in the County and recommend that the CDA continue to explore housing finance tools to assist in the creation of some additional mixed income housing o Vacancies are at their lowest level in 10 years; challenging for many groups to find affordable housing; no recommendation for new work -force housing units in Mendota Heights – if significant demand were to persist and then a new property might be able to be considered later this decade or between 2020 and 2030 o No recommendation for development of new senior or affordable property – if significant demand were to persist then a new property might be able to be considered in the next decade April 15, 2014 Mendota Heights City Council Page 4 o Mendota Heights, being a nearly fully developed community, the addition of new housing in the community would most likely occur through in -fill and redevelopment. In -fill and redevelopment of new units in targeted locations would continue to revitalize the housing stock now and into the future Mayor Krebsbach requested that City Administrator Justin Miller address questions regarding the City's policy on tear -down and remodel. Administrator Miller noted that staff has seen a recent uptick in interest from developers looking at either subdividing existing lots or tearing down older homes and rebuilding. It is anticipated that this will continue as the economy continues to improve. The City Code does not necessarily address teardowns specifically; however, it does say that the City has requirements on restrictions and such on any new construction. If somebody did purchase a house and tore it down and they did build a new house, it would have to meet the current City Code. Anecdotally there has been an uptick in interest over the past couple of years, reflective of the general housing market across the metro area. Mendota Heights is attractive to a lot of people because of its proximity to both of the downtown areas of the Twin Cities. Councilmembers asked questions regarding the differences in the CDA's statistics and the Met Council's statistics, the definition of `active adult housing', and confirmation of the recommendations for Mendota Heights. Councilmember Petschel noted that the people who live in the CDA Senior Buildings really like it, they are wonderfully maintained, and they have waiting lists at both facilities. PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS A) 2014 CONTRACT FOR PILOT KNOB MANAGEMENT AND GRAZING PLAN Assistant to the City Administrator Tamara Schutta explained the 2014 contract proposal from Great River Greening for the management restoration work at Pilot Knob. This year's contract includes control burning of Phase Two, control of invasive species, coordinating volunteer activities, oak tree planting, grazing services, and incorporation of the MnDOT roadside into similar management. Part of the information provided was the Management Intensive Grazing Plan. Great River Greening would like to bring the horses used last year in the grazing plan back again this year. They asked that the horses not be under constant surveillance during the day. Ms. Schutta spoke with Chief Aschenbrener earlier and there would be no public safety concerns. The electrified fence is still in place. Mr. Wiley Buck of Great River Greening shared a brief slide presentation and expressed his appreciation to the City for partnering with them to secure Minnesota's legacy. This past year, Great River Greening celebrated some milestones; 30,000 volunteers, 10,000 acres, and 100,000 trees and shrubs. April 15, 2014 Mendota Heights City Council Page 5 Mr. Buck shared what was accomplished on Pilot Knob in 2013 and what they hope to accomplish in 2014. Besides the main restoration activities to be continued from 2013, they proposed to expand into some new areas and in these areas they would leverage continued state cost share through the Environmental and Natural Resources Trust Fund: new acreage on the MnDOT roadside, continue with innovative techniques to horse grazing and goat grazing, and a very rigorous monitoring protocol to add to the State's understanding of the benefits of these. Other topics discussed included goat grazing learnings from a property in Rosemount that they hope to incorporate into Pilot Knob this year, the addition of wild bee monitoring into the restoration area, leveraging some of the State of MN funds in order to do so, and the installation of temporary energized fencing for goats, which would be removed at the end of the year. City Administrator Justin Miller stated that staff recommended Council approve the proposed contract and approve the grazing plan that includes both horses and goats. At the beginning of the year, $9,200 was included in the City's budget for this endeavor. Councilmember Duggan moved to authorize staff to execute a contract with Great River Greening for Pilot Knob Hill restoration and to accept the Pilot Knob Hill Grazing Plan 2014 — 2017 Management Intensive Grazing Plan with the addition of goat browsing and to give permission to Great River Greening to not have constant surveillance while the horses are present during daylight hours. Councilmember Norton seconded the motion Ayes: 5 Nays: 0 B) ORDINANCE 460, REGULATING ELECTRONIC DISPLAY SIGNAGE, PLANNING CASE 2014-03 Planner Nolan Wall explained that this was a request on behalf of the City of Mendota Heights in consideration of amendments to the City Code to allow electronic display signage. At the 2014 City Council Goals Workshop, staff was directed to bring forward a City -initiated amendment for electronic display sign standards for institutional uses in residential zoning districts. The signage technology has improved and become more affordable and, as a result, they are heavily regulated by local governments. The City Code currently prohibits illuminated flashing signs, illuminated signs giving off intermittent, steady, or rotating beams, and animated signs within residential zoning districts. Planner Wall continued by stating that as the prevalence of this signage type continues, the City should consider the potential impacts of allowing this type of signage for specific uses and on the surrounding properties. The Planning Commission conducted public hearings at their February and March meetings. The draft amendments were sent to the institutional uses in the city for comment. Staff also posted it on the City website, issued a press release, and published an article in the Sunday March 9th edition of the Southwest Review. The March 21st edition of the Pioneer Press also featured a brief article with information concerning this process. April 15, 2014 Mendota Heights City Council Page 6 As proposed in draft Ordinance 460, electronic display signage for institutional uses would be allowed by Conditional Use Permit (CUP) in the R-1 and the R -1A zoning districts. The code amendment itself included two definitions: SIGN, ELECTRONIC DISPLAY: A sign or portion thereof that displays electronic, non - pictorial, text information in which each alphanumeric character is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. Electronic display signs include computer programmable, microprocessor -controlled electronic displays. INSTITUTIONAL USES: "uses operated as schools, places of worship, cemeteries, or government facilities" [same definition used in the 2005 code amendment application] Staff identified sixteen institutional uses within the City that would meet the definition and are located in the R-1 and R -1A zoning districts. The draft ordinance included numerous conditions that could be placed on the signs, which ultimately are meant to mitigate potential negative impacts while allowing utilization of the new technology for those users. Mayor Krebsbach noted that the City of Edina was not included in the comparative chart and asked that this information be provided. She also asked for a list of what else could qualify under this definition to ensure the intent of the ordinance was adhered to. Councilmember Petschel asked if light and candle power involvement had been taken into consideration. She asked for a comparison of the candle power of an electronic sign to a spot light illuminated monument sign. Councilmember Povolny asked about the placement of the electronic portion on the actual sign. He also stated that there should be a requirement that the LED sign be dimmable. Councilmember Duggan asked if there could be a 1 -year trial period. City Attorney Tom Lehmann noted that once a sign is installed, it would be difficult to remove, so the wording of any temporary license or agreement would have to be carefully crafted. Councilmember Duggan then asked where the nuisance factor would come into this. Counsel Lehmann replied that it could come in at any point but the problem is that once the content and application of the sign had been agreed upon, it would become difficult to say that it has become a nuisance at that point. Councilmember Duggan expressed his concern about allowing only one color on the digital signage, stating that he would not be comfortable limiting the sign to one color. The hours of operation are also a concern of his, stating they could possibly be extended. Mayor Krebsbach reminded everyone that this usage would be in the R-1 and R -1A residential districts and not in a commercial or industrial district. She recommended that Council take a look at all of the places that could have this sign. April 15, 2014 Mendota Heights City Council Page 7 Councilmember Norton expressed his frustration in that he believed that a lot of the issues raised had been addressed by staff. He expressed his appreciation to staff for the efforts they put in and the analyses they completed. Councilmember Petschel echoed Councilmember Norton's comments in that she believed that staff and the Planning Commission had done an extraordinary job in terms of listening to the Council's thoughts, wishes, and desires. Her recommendation would be to spend a little bit more time to alleviate the residents' concerns. Councilmember Povolny noted that he would like to vote on this topic tonight, with a couple of amendments. Councilmember Duggan moved to approve Ordinance 460 as presented, with the minor changes suggested by Councilmember Povolny to Section 2; Section 12 -1D -15(H), Item 0 regarding the foot- candle above ambient light. Councilmember Norton seconded the motion. Planner Wall explained that the 0.3 foot-candle is an industry standard. To Councilmember Povolny's point, staff is requiring that the sign be equipped with a sensor that would automatically adjust the brightness of the sign as the day progresses, based on ambient light levels. It was his understanding with speaking with sign representatives that the sign needs to be brighter during the day because it is light outside and it could be dimmed at night. The 0.3 foot-candle is the industry standard from the International Sign Association and can be found in numerous ordinance examples from communities in the surrounding area. The table included in the ordinance included brightness levels at a specified distance, dependent on the overall sign size itself. So at a certain distance, dependent on the sign size, it has to meet that 0.3 foot- candles rating. This could be self-regulating in that a sign that is too bright is unreadable. Also, it was his understanding that the signs could be equipped with sensors that only a representative from the signage company could access and change. Mayor Krebsbach suggested that the foot-candle be reduced to 0.2 foot-candle. After discussion it was decided to keep to the industry standard of 0.3 foot-candle. Mayor Krebsbach then asked City Attorney Tom Lehmann if he had any other advice for the Council in terms of this ordinance not unduly binding the Council if it is determined later that there is a problem. Counsel Lehmann stated that his only concern was that once Council has allowed a sign to be installed and then they change the ordinance, the sign becomes a legal non-confolining use at that point. Mayor Krebsbach stated this is a very significant decision and by tabling it, the Council can ensure everything that the Council wants is included. This in no way denigrates the work that the Planning Commission or staff has put into it. April 15, 2014 Mendota Heights City Council Page 8 Councilmember Norton disagreed and stated that there was voluminous information provided that Council has had the opportunity to review. From what he heard thus far, no one asked for any substantial information that would change what is in the information packet already. He agreed with Councilmember Petschel in that it would be very interesting to have the information, but to him it was not germane to his decision. Mayor Krebsbach stated it is the Council's responsibility to thoughtfully review this proposed ordinance. Councilmember Norton stated that typically, when an item is tabled, it is to gather more information that would potentially change the thoughts and feelings of the Council on the particular issue. He had not heard of anything proposed by the Council that would dramatically change the information that had been presented. Councilmember Duggan amended his motion to approve Ordinance 460 as presented, based on the following findings of fact: 1. Electronic display signs may replace handmade temporary and changeable copy signs on institutional properties, resulting in a more attractive environment. 2. Limiting electronic display signs to institutional uses in the R-1 and R -1A Zoning Districts with substantial setbacks from surrounding properties will protect against proliferation of such signs. 3. Standards regarding the size of the sign structure and electronic display, message change interval, hours of operation, message characteristics, font size, off -premise advertising, malfunction settings, and brightness of electronic display signs will mitigate potential negative impacts to surrounding uses and the general public. Councilmember Norton seconded the amended motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Dakota County is offering a Master Recycler class beginning April 29. Individuals interested can contact at Dakota County. • Next week is Severe Weather Awareness Week. Thursday, April 24 is the state-wide tornado drill at 1:45 p.m. and 6:55 p.m. • Spring Clean -Up Day is Saturday, May 3 from 8:00 a.m. to 1:00 p.m. at Mendakota Park. The event is limited to Mendota Heights residents with a passenger vehicle and/or small trailer. Saturday, May 3, the American Bank is hosting a document shredding event at their location from 9:00 a.m. to 12:00 p.m. • Investigator Mario Reyes, D.A.R.E. officer at Visitation had three fifth grade students recognized for the posters they created. Two of them placed within the top twenty. One received special recognition for her exceptional theme `D.A.R.E. for Life'. • The Heights Highlights Spring edition will be delivered to homes next week. • The Par 3 is open, weather dependent. April 15, 2014 Mendota Heights City Council Page 9 COUNCIL COMMENTS Councilmember Duggan wished everyone either a Happy Easter or a Blessed Passover. Having watched the two Council meetings he missed, he expressed his congratulations to John Mazzitello and the students from Friendly Hills Middle School for an outstanding job done in regards to the Future Cities competition. Councilmember Povolny commented that everyone will be excited to see the new clubhouse at the Par 3 Golf Course. Councilmember Petschel noted that she was a bit distracted this evening as her son and daughter-in-law are having their first baby. Mayor Krebsbach wished everyone a Happy Easter and a Blessed Passover. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:01 p.m. Lorri Smith City Clerk an a Krebsbach Mayor April 15, 2014 Mendota Heights City Council Page 10