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2014-05-06 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 6, 2014 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 8:00 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 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 i) Approval of Resolution 2014-25 Declaring of Surplus Property, j) Approval of Resolution 2014-26 Recognition of National Police Week, p) Approval of April 2014 Building Activity Report, and r) Accept Retirement of Mario Reyes. a. Approval of Revised April 1, 2014 City Council Minutes b. Approval of April 15, 2014 City Council Minutes c. Approval of April 22, 2014 Planning Commission Minutes d. Approval March 2014 Fire Department Synopsis Report e. Approval of Fire Department Training and Travel Request f. Approval of Fire Department Residential Fire Training Request g. Approval of Resolution 2014 -23 Plans and Specifications, Authorization to Bid, and Ordinance 461 No Parking Restrictions, Victoria Road and Rolling Green Neighborhood Street Improvements May 6, 2014 Mendota Heights City Council Page 1 h. Approval of Resolution 2014-24 Award Contract for Sanitary Sewer Cleaning/Televising i. Approval of Resolution 2014-25 Declaring of Surplus Property j. Approval of Resolution 2014-26 Recognition of National Police Week k. Approval of Personnel Action Report 1. Approval of March 2014 Treasurer's Report m. Receipt of 1st Quarter 2014 Budget Report n. Approval of Claims List o. Approval of Contractor List p. Approval of April 2014 Building Activity Report q. Approve Temporary Liquor License for Beth Jacob Congregation for June 15, 2014 r. Accept Retirement of Mario Reyes Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM I) APPROVAL OF RESOLUTION 2014-25 DECLARING OF SURPLUS PROPERTY Mayor Krebsbach noted that the Council Chambers chairs have been replaced. City Administrator Justin Miller explained that the old chairs will be donated to the Dakota MAAG Team. Councilmember Duggan moved to adopt Resolution 2014-25 Declaring of Surplus Property. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 J) APPROVAL OF RESOLUTION 2014-26 RECOGNITION OF NATIONAL POLICE WEEK Chief of Police Michael Aschenbrener stated that May 11 —17, 2014 is National Police Week. This week was first declared in 1962 by President Kennedy as a way to recognize the service and sacrifice put in by police officers all around the country. The Mendota Heights Police Department will be celebrating on National Police Memorial Day on May 15, 2014. Councilmember Duggan moved to adopt Resolution 2014-26 Recognition of National Police Week with pride and honor. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 P) APPROVAL OF APRIL 2014 BUILDING ACTIVITY REPORT Councilmember Duggan requested that the building activity reports be prepared at the end of the month to make it easier to compare the data. City Administrator Justin Miller replied that with the changeover May 6, 2014 Mendota Heights City Council Page 2 in building officials, there was a misunderstanding about how the report is prepared. Staff will make the necessary changes. Councilmember Duggan moved to approve the Building Activity Report. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 R) ACCEPT RETIREMENT OF MARIO REYES Mayor Krebsbach stated that it is with regret and understanding that the City of Mendota Heights accepts the retirement of Officer Mario Reyes after 33 years of service. She explained that he has been an outstanding Police Officer. He started as an intern and led the D.A.R.E. program for 25 years. He was an investigator 16 years and has also served as arson investigator for the department. Chief Aschenbrener indicated that on May 21, 2014, there will be a recognition event at City Hall with cake and coffee. The public and City Council were invited to attend. Councilmember Petschel moved to accept the retirement of Mario Reyes with much sadness. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2014-11, WETLANDS PERMIT, 2469 WESTVIEW TERRACE, RESOLUTION 2014-21 Planner Nolan Wall explained that the applicant was seeking a wetlands permit to construct an accessory structure at 2469 Westview Terrace. The property is 1.27 acres, contains an existing single-family dwelling, and is zoned R-1 Low Density Residential. The applicant intends to construct an 80 square foot accessory in the rear yard and the area of disturbance is within 100 feet of a wetland. A building permit is not required for an accessory structure that is less than 120 square feet. The proposed accessory structure would comply with code requirements. For the wetland permit, the applicant submitted a sketch detailing the measurements and the proposed location of the structure. The location is heavily vegetated providing screening from the pond and surrounding properties. The structure would be constructed on support blocks and would be removable. May 6, 2014 Mendota Heights City Council Page 3 Staff believes that the proposed accessory structure's distance from the pond and limited land disturbance satisfy the purpose and intent of the code provisions. Staff recommended approval of the wetlands permit. Mayor Krebsbach asked for clarification of who received notice of this application. Mr. Wall replied that the notice was sent to residents within 350 feet of the applicant's property, including Visitation, which is the only property located across the pond. Councilmember Duggan moved to adopt Resolution 2014-21 Approving a Wetlands Permit to Construct an Accessory Structure. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 B) PLANNING CASE 2014-10, REAR YARD VARIANCE REQUEST, 993 DELAWARE AVENUE, RESOLUTION 2014-20 Planner Nolan Wall explained that the applicant requested a variance from the side yard setback requirement to construct a new detached garage at 993 Delaware Avenue. The subject parcel is 11,973 square feet, contains an existing single family dwelling and detached garage, is zoned R-1, Low Density Residential development. Mr. Wall shared a copy of the submitted survey and aerial. He further explained that these show two separate parcels; however, the applicant worked with Dakota County to combine the lots. The outside property boundaries did not change. The applicants proposed to demolish the existing 390 square foot detached garage and replace it with a 680 square foot structure. The proposed structure would have white vinyl siding and the roof color would match the existing dwelling. The existing setback to the side yard is 1.8 feet in the front of the structure and 2.0 feet from the back of the structure. The code requires accessory structures over 144 square feet to have 10 foot side and rear yard setbacks. The new proposed detached garage would be 3.0 feet from the side property boundary line. Mr. Wall explained the standard of review that applies to a variance request and how it fits this request. Staff recommended approval of this variance request with conditions as proposed in the resolution. Councilmember Duggan moved to adopt Resolution 2014-20 Approving a Variance to Construct a Detached Garage Within the Required Side Yard Setback. Councilmember Povolny seconded the motion. Mayor Krebsbach noted that the neighbors were duly informed and there were no responses received. Ayes: 5 Nays: 0 May 6, 2014 Mendota Heights City Council Page 4 C. PLANNING CASE 2014-12, ACCESSORY STRUCTURE VARIANCE REQUEST, 1416 DODD ROAD (SOMERSET COUNTRY CLUB) RESOLUTION 2014-22 Planner Nolan Wall stated that Somerset Country Club requested a variance to construct an accessory structure at 1416 Dodd Road. The subject parcel is 133 acres, contains a country club and golf course, is zoned R-1, and is guided as a golf course on the comprehensive plan. The applicant intends to construct a new 384 square foot accessory structure to be used for storage. Mr. Wall supplied a visual of the proposed structure and the location. The request requires a variance because of the number and size requirements for accessory structures in the R-1 district. The use predates the code and the property contains numerous accessory structures that have been constructed over time. A similar request, Planning Case 2004-41, was approved for construction and expansion of accessory structures on the property. The proposed structure would be over 400 feet from the nearest property boundary line, approximately 1,140 feet from the principal building, 12.6 feet inches in height; all of which meet the code requirements for an accessory building. It would be white with black shingles, matching the other existing buildings on the property. Mr. Wall explained the number and size limitations in the code for accessory structures making this variance request necessary. Staff recommended approval of this variance request. Councilmembers asked questions regarding the length of the driving range in relation to the proposed structure. Councilmember Petschel noted that the discussions that took place at the Planning Commission meeting mirrored the discussions had on other pieces of property similar to this in the R-1 Residential district. She recommended the City Council look at another way to describe these institutional uses that have been placed in the middle of an R-1 zoning district. Councilmembers Norton and Povolny agreed with Councilmember Petschel's comments. Councilmember Petschel moved to adopt Resolution 2014-22 Variance To Construct An Accessory Structure Exceeding The Number And Size Standards for Somerset Country Club, 1416 Dodd Road. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel suggested the Council review our Code, to re -describe, re -label, and rework all of the rules that apply to larger properties. Mayor Krebsbach suggested that staff and Council look at an acreage definition and how they might address building out a campus or golf course. May 6, 2014 Mendota Heights City Council Page 5 D. PLANNING CASE 2014-09, CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AND DISPLAY, ACCESSORY STRUCTURE, AND FENCE, 2385 PILOT KNOB ROAD (SOUTHVIEW DESIGN, INC.), RESOLUTION 2014-19 Planner Nolan Wall explained that Southview Design, Inc. has requested a conditional use permit for outdoor storage and display of equipment and materials, an accessory structure, and a fence exceeding six feet in height at 2385 Pilot Knob Road. The property is currently vacant, zoned for industrial development. The applicant owns the parcel and is seeking approval to construct a new corporate headquarters facility. City Council passed Ordinance 457 in November 2013, creating landscaping and building design and construction as a permitted non- manufacturing use in the industrial district. It also created outdoor storage and display of materials and equipment accessory to landscaping and building design and construction as a conditional use. In addition, the applicant was also seeking a conditional use permit for an accessory structure and an eight foot high privacy fence that would enclose the proposed outdoor storage yard. Mr. Wall shared a copy of the site plan and explained the details of the lot, proposed buildings, storage areas, and fencing. The proposed development's site and structure, off-street parking, landscaping and screening, and site access would meet or exceed the code requirements. Staff recommended approval of this conditional use permit for outdoor storage and display, accessory structure, and fence with conditions. Councilmembers asked for clarification and answers to questions regarding the Perron Road right-of- way license agreement and the performance bond. Councilmember Duggan moved to adopt Resolution 2014-19 Approving a Right -Of -Way License Agreement and a Conditional Use Permit for Outdoor Storage and Display of Materials and Equipment, An Accessory Structure, and Fence Exceeding Six Feet in Height. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel asked if there was any new information regarding the MnDOT vacation of any part of Old Highway 13. City Engineer John Mazzitello clarified that she was referring to the proposed vacation and/or turn back of Old Sibley Memorial Highway from the intersection of new Highway 13 and Mendota Heights Road, along Fort Snelling State Park up to St. Peters Church. He then stated that he does not have any new information from the Department of Transportation regarding this issue. May 6, 2014 Mendota Heights City Council Page 6 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Spring Clean-up Day was a huge success with the unloading of 226 vehicles. • The 5K will take place in 5 weeks. Residents are encouraged to register. • The Park Celebration Weekend begins June 6, with free Music in the Park at Market Square on Friday at 6:30 p.m. • The Par 3 remodel is complete. • Xcel Energy will be inspecting transmission lines with a helicopter within the next three to four weeks. They have over 7,200 miles of transmission lines to inspect. COUNCIL COMMENTS Councilmember Norton stated that Clean-up Day was a lot of fun. Councilmember Petschel echoed Councilmember Norton's comments regarding Clean-up Day. She also made the observation that the skate park was busy this evening. Councilmember Povolny stated that he also had fun working at Clean-up Day. Councilmember Duggan congratulated Chief Aschenbrener and the Police Department for articles in the Friday News. He believes the welcoming comments and recommendations for new residents should be pulled out and added to the City's welcome packages sent to new residents. He also noted that he had the opportunity to participate in an event at the South St. Paul Council Chambers and was pleased to learn that South St. Paul begins all of their council meetings with prayers. In light of the Supreme Court's decision regarding prayers at public meetings, Councilmember Duggan asked that the Mendota Heights City Council consider adding prayers just before the Pledge of Allegiance, following the appropriate guidelines set by the Supreme Court. Councilmember Duggan stated he believes that the Council should consider reviewing the City Code regarding new homes and/or extreme remodels. The character of a neighborhood is an important guiding principle that maybe swept aside with potential redevelopment considerations. He asked that these be part of the Council's discussions at the workshop meeting. Council member Duggan proposed that May 28, 2014, be declared as Tom Olund Day in honor of his 40 years of service to the City. Tom's last day with the City will be May 28, 2014. Councilmember Duggan noted that he is troubled by special elections being held outside of the usual national, state, and local election date, which is usually the first Tuesday of November. Special elections are often held without much fanfare and they seem to appeal to certain constituents. An election in the first part of November allows the voice of all of the people to be heard. Mayor Krebsbach commented that at the next Council meeting there could be a resolution to declare May 28 Tom Olund Day as he has certainly done an outstanding job. May 6, 2014 Mendota Heights City Council Page 7 In regards to prayer, Mayor Krebsbach responded that this should be put on the agenda for the workshop meeting for discussion. She also suggested that the topic of tear downs be added to the workshop meeting. Mayor Krebsbach noted for the record that on Thursday, May 15, there will be a Police Memorial Recognition event held at city hall. Also, the reception for Mario Reyes will be held Wednesday, May 21, from 2:30 — 4:30 at City Hall. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:13 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk May 6, 2014 Mendota Heights City Council Page 8