2014-06-03 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 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, and Petschel. Councilmember Norton arrived at 7:02 p.m.
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: 4
Nays: 0
Absent: 1 (Norton)
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 d.) Approval of
Personnel Action Report and e.) Accept Bid and Award Contract, Victoria Road and Rolling Green
Neighborhood Street Improvement Project, Resolutions 2014-31, 2014-32, 2014-33.
a. Approval of May 20, 2014 City Council Minutes, as amended
b. Approval of May 27, 2014 Planning Commission Minutes
c. Approval of Fire Department Knox Box Replacement Purchase
d. Approval of Personnel Action Report
e. Accept Bid and Award Contract, Victoria Road and Rolling
Improvement Project, Resolutions 2014-31, 2014-32, 2014-33
f. Approval of April 2014 Treasurer's Report
Green Neighborhood Street
June 3, 2014 Mendota Heights City Council Page I
g. Approval of Claims List
h. Approval of Contractors List
i. Approve Purchase of Pickup Truck for Public Works Parks Division
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
D) APPROVAL OF PERSONNEL ACTION REPORT
The City Council had previously authorized staff to begin an internal recruitment process to fill the
Public Works Superintendent position, which was vacated when Mr. Tom Olund retired. Mr. Terry
Blum was interviewed and determined he was qualified to fill the position. Mr. Blum has 36 years of
experience with the Mendota Heights Public Works Department, has worked in all three of the divisions
within Public Works, and has been the Parks Division Lead.
Staff requested Council approve the appointment of Terry Blum as the Public Works Superintendent.
Councilmember Duggan moved to approve the appointment of Terry Blum as the Public Works
Superintendent effective June 4, 2014.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
E) ACCEPT BID AND AWARD CONTRACT, VICTORIA ROAD AND ROLLING GREEN
NEIGHBORHOOD STREET IMPROVEMENT PROJECT,
RESOLUTIONS 2014-31, 2014-32, 2014-33
City Engineer John Mazzitello explained that on May 28, 2014 there was a bid opening for the 2014
street reconstruction project. Two bids were received with McNamara Contracting, Inc. being the
apparent low bidder.
McNamara Contracting, Inc. has worked with the City of Mendota Heights on several different projects
in the past and staff believes them to be a highly qualified contractor. McNamara's bid was
$1,819,014.30. The engineer's estimate was $1,993,050.75.
Councilmember Duggan requested a map be shared showing the location of the pedestrian trails as
described in Resolution 2014-32 and Resolution 2014-33.
Councilmember Petschel made the observation that McNamara Contracting has worked in the city
before and she recognized them for the quality of their work and their timeliness.
Councilmember Duggan moved to adopt RESOLUTION 2014-31 ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD
IMPROVEMENTS (PROJECT #201308), and RESOLUTION 2014-32 AUTHORIZING A LIMITED
USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A
June 3, 2014 Mendota Heights City Council Page 2
PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF INTERSTATE 494, and RESOLUTION 2014-
33 AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF TRUNK
HIGHWAY 13.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2014-30, CONDITIONAL USE PERMIT AND VARIANCE REQUEST
FOR WIRELESS ANTENNA FACILITY AND ACCESSORY STRUCTURE, 1860 EAGLE
RIDGE DRIVE, PLANNING CASE 2014-16
Planner Nolan Wall explained that the applicant, SAC Wireless, applying on behalf of AT&T and the
Ridge South Condominium Association, requested a Conditional Use Permit for approval for a wireless
antenna facility and a variance for an associated accessory structure. The subject parcel is approximately
2.7 acres, contains a multi -family condominium building, is zoned R-3, and is guided for high density
residential use on the comprehensive plan. The applicant proposed to construct a wireless antenna
facility on the west side of the roof and an accessory structure south of the east parking lot. T -Mobile
currently maintains a wireless antenna facility on the east side of the roof and an accessory structure on
the site, which were approved in 2006.
The proposed wireless antenna structure would consist of three antennas, six RRH units mounted on a
10 -foot tall tower, which would be on top of a four foot, eight inch elevator penthouse, and would
include associated fiber cable trays.
Mr. Wall explained the code that would allow wireless antennas, towers, and accessory structures. Staff
believed that this proposed project would fulfill the purpose of the code. Mr. Wall also shared the
specific applicable evaluation criteria for the conditional use permit and the variance requests.
Staff recommended approval of the conditional use permit and variance requests as proposed in
Resolution 2014-30, with conditions as stated in the resolution.
Councilmembers asked questions regarding the proposed landscaping to screen the accessory structure,
the proposed color of the antenna, the concept of a co -location with T -Mobile, and if this installation
would improve cell phone service in the City.
A representative from SAC Wireless was on hand to answer questions posed by the City Council.
June 3, 2014 Mendota Heights City Council Page 3
Councilmember Duggan requested, in order to solidify the resolution, the Findings of Fact be added to
the resolution. Planner Wall replied that the resolution was presented in the same format as others in the
past; however, if the Council desires the Findings of Fact could be added. City Attorney Tom Lehmann
stated that when a resolution is adopted, the Findings of Fact are as well, even though they are not
specifically listed in the resolution itself.
After discussion, it was determined that City Administrator Justin Miller would contact the League of
Minnesota Cities to ascertain the standards of practice for the Findings of Fact being in or out of the
actual resolution and report back to the Council.
Councilmember Norton moved to approve RESOLUTION 2014-30 APPROVING A CONDITIONAL
USE PERMIT AND VARIANCE FOR A WIRELESS ANTENNA FACILITY AND ACCESSORY
STRUCTURE.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
B) CONCEPT PLANNED UNIT DEVELOPMENT REVIEW, MIKE AND MICHELLE
BADER, DELAWARE AND FOXWOOD LANE, PLANNING CASE 2014-14
Planner Nolan Wall explained that the applicant has submitted a Concept Planned Unit Development
Plan. The subject area is approximately 12.5 acres of land east of Delaware Avenue and south of
Wentworth Avenue and is comprised of two parcels. The first parcel is 10 acres and contains the
existing home of the applicant with access off Delaware Avenue. The second parcel included in the
concept PUD is the existing Lot 3 of the Foxwood Plat. Both parcels are zoned R-lA.
A Concept Planned Unit Development Review allows the applicant to submit plans for pre -application
conference, and Planner Wall explained the specific section of the code that covers this process [Section
12 -IK -6C].
Planner Wall noted that the project area does have a long and interesting history, some of which is
discussed in the application itself. However, the report and analysis included in the staff report to
Council were based on the development options included in the application.
The Planning Commission discussed the proposed concept plans and conducted a public hearing at their
May 27, 2014 meeting.
Planner Wall also stated that although a Concept Planned Unit Development application was submitted
and accepted, the proposed project does not appear to meet the code's PUD requirements at this time.
He then reviewed the specific definitions of an eligible PUD. Therefore, the appropriate development
process would be a standard subdivision plat by the applicant. Further analysis and comment concerning
the development options should pertain to the design issues and not a Planned Unit Development.
June 3, 2014 Mendota Heights City Council Page 4
Mayor Krebsbach asked City Attorney Tom Lehmann to speak to the Planned Unit Development that is
no longer in affect but was in effect in 1993. Counsel Lehmann replied that he is not familiar with why
the code changed. The current code would not allow this to be developed as a PUD. He believes that
knowing and understanding the history as to why the code changed is important and suggested that the
prior City Attorney's office be contacted to provide that information.
Planner Wall continued by explaining that the Concept PUD includes two concepts of design for the
proposed development:
Option 1: (referred to as the 'through street' option) creates a new street off of Delaware Avenue to
connect to an extension of Foxwood Lane for a north/south connection out to Wentworth. This plan
would also include five new single family residential lots, which meet the lot size and width
requirements — six if the modified Bader parcel were included. As noted, this would require a retaining
wall or grading easement on the property to the south and would require a retaining wall between the
existing wetland in the north/south street connection. It would also reroute the existing Bader driveway
off of Delaware Avenue to be off of the new through street.
Option 2: (referred to as the 'four lot' option) Foxwood Lane would be extended to the south and create
a longer cul-de-sac. The proposed cul-de-sac would be approximately 800 feet long and would create
four new single family residential lots which would meet the lot size and width requirements — five total
if the modified Bader parcel were included. In meetings with staff and the applicant, Dakota County has
discouraged any cul-de-sacs on county roads (Wentworth is a county road).
Planner Wall made note of other key site features to be kept in mind:
• Foxwood Lane is a private driveway located within a 50 -foot City right-of-way. Currently the
City Code requires a 60 -foot right-of-way.
• The proposed 800 -foot length of the extended Foxwood Lane cul-de-sac exceeds the 500 -foot
standard in the code.
Slopes in certain locations on the site seem to exceed 20% or greater. The impact is that grades
for city streets cannot exceed 6% and also may present challenges in locating septic tanks.
Wetlands are present in the project area. New delineations would be required and additional
State and City permits may also be required.
The site is heavily wooded so significant vegetation would be have to be removed for the streets
and the single family homes that would be located in the area.
In order to design a reasonable subdivision of the property, staff recommended the following design
principles:
• Design of a new road that is compliant with City construction standards; not a long cul-de-sac
• Staff would prefer to see a street that would be located further north to avoid any potential
impacts to the properties bordering to the south and would also provide increased setbacks from
existing homes
• Access stab should be provided to the south for any future residential development
• Allow for as much setback as possible from the existing homes for any new roads
• Limit vegetation removal on the project site
AM 3, 2014 Mendota Heights City Council Page 5
The staff report also included a number of comments from the Engineering and Public Works
departments that would need to be adhered to if this request were to come forward as a formal
application. Staff recommended that the Council acknowledge and accept the staff report's
recommendations.
Mayor Krebsbach asked if the County would allow two access points onto Delaware if this road were to
go south versus north. Engineer Mazzitello replied that the County's statement was essentially was that
they do not want to see a cul-de-sac off of the county road and would prefer a through street.
Councilmember Duggan stated that Council should wait to comment on any options until an actual
proposal is presented.
Mr. Mike Bader was available to answer questions from Council. He stated that he and his wife have
lived in their home since 1998. Mr. and Mrs. Bader would like to subdivide their back acreage and build
a new home on Lot 3. He provided a background and history of the requests that he has brought before
the Council in past years in relation to his property and his current request. Mr. Bader implored the
City Council to consider the original intent of the platted lots.
After discussion, Councilmember Duggan suggested two actions:
• As proposed by Planning Commissioner Magnuson, the applicants provide a feasibility study or
report on the area, which would include all of the costs, for what they want to do in the area in
relation to what might be legal and appropriate
• City staff, planners, and the Council meet and discuss the long-range plans for the area
Councilmember Duggan moved that Council, staff, planners, and the impacted residents get together and
create a study on the long-range plans of this entire area.
The motion died for lack of a second.
Councilmember Petschel stated she believes it would be heavy-handed on the part of the City to come in
and tell the people who own large tracts of property how to develop them.
Mayor Krebsbach requested a description of the Council's responsibility at this point. City Attorney
Tom Lehmann replied that the zoning code sets forth what the Council's action would be:
Section 12. 1 K.6C reads: "Action Following Pre -application Conferences: The planning commission and
the council each in their turn shall make recommendations regarding the concept plan giving reasons for
their recommendations, but such action is not and is not intended to be binding on the city in any way,
but simply advisory to the applicant on a preliminary basis only."
City Administrator Justin Miller stated that staff's recommendation was that Council review the plan as
submitted and acknowledge and accept those findings.
Mr. Timothy Aune, 554 Foxwood Lane, made himself available for questions from the Council.
Councilmember Duggan asked if Mr. Aune has had any challenges with accessibility to his property.
Mr. Aune replied in the negative.
June 3, 2014 Mendota Heights City Council Page 6
Ms. Jennifer Lutz, 548 Foxwood Lane, commented that the photo shown earlier of multiple cars being
parked on Foxwood Lane was during her son's graduation party. She had solicited and received
permission from the other property owners to allow parking on the street for that occasion. She stated if
the road were made public, then it would be made wider and closer to her home.
She stated they have already been down the road of this request for a subdivision, which was denied in
the past. City Administrator Justin Miller replied that as long as someone pays the application fee and
goes through the processes, they can apply as many times as they wish.
Mr. Bader returned and explained two years ago a survey was drawn that would have moved the road to
the east and would not be any closer to Ms. Lutz home. He believes the parking along Foxwood Lane
and the safety issues need to be addressed.
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• "Echoes of Elvis" kicks off the free concert series on June 4; 6:30 p.m. at The Market Square
• The Parks Celebration starts on Friday, June 6 with Music in the Park at 6:30 p.m.
• The 5K Run is Saturday, June 7 at 9:00 a.m. All proceeds go to Special Olympics.
• The Parks Celebration continues from 11:00 — 2:00 in Mendakota Park
• Summer programs begin Monday, June 9
• The Truck and Travel Show is Wednesday, June 11, 6:30-7:30 p.m. at Henry Sibley High
School parking lot
• A Youth Field Trip is Thursday, June 12 for ages 7 and up, going to AirMaxx Trampoline Park
and Cinema Cafe
• Mayor Krebsbach and Councilmember Duggan attended the ground breaking ceremony for
Southview Design on Monday, June 2
• Citizens Police Academy is accepting applications for 2014, and runs September 18 through
November 20 on Thursdays from 6:00 — 9:30 p.m.
COUNCIL COMMENTS
Councilmember Petschel reminded residents that on July 29 the Metropolitan Airport Commission will
be at Mendota Heights City Hall at 7:00 p.m. to hear comments and take questions from residents on
their issues regarding airplanes.
She also noted that there are currently 220 kids registered for the Tennis Program and she believes this is
a great life-long sport.
She asked if there had been any motorized boats on Rogers Lake and wondered how that was going.
City Administrator Miller replied that he was not aware of any feedback at this time but that information
would be available later this year.
June 3, 2014 Mendota Heights City C01171Cil Page 7
Councilmember Petschel asked City Engineer Mazzitello to share what happened on Highway 13 last
Saturday. Engineer Mazzitello explained that on Saturday afternoon or early evening, because of the
inundation of rain received over the past couple of days, there was a mud slide on the bluff in Mendota
between Highway 13 and the Big Rivers Trail. The trail is currently closed.
Councilmember Petschel commented that Highway 13 is due to be repaired but because of the instability
of the earth in that location it will require more engineering and planning. The project has already been
delayed once and is now scheduled to be completed in 2015.
Councilmember Duggan mentioned that the St. Peters Church defibrillator was called into use on
Monday, Memorial Day, when someone on a bicycle had a heart attack. He believes that person is now
doing fine.
Mayor Krebsbach mentioned that there is a resident of Mendota Heights, Maurice Foster, who has lived
in Park View Plaza for 10 years. Mr. Foster is now at the VA Hospital. He is a decorated WWII veteran
with a purple heart.
She also asked if an ensemble of, or the entire Henry Sibley Band could perform at one of the City's
events or at the Plaza in the summer as she believes this would be a great idea.
For another time, she requested the Council discuss sound walls along 35E near Highway 110. The
Eagle Ridge Condominiums have requested that the City look into this.
Councilmember Duggan moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 8:36 p.m.
Mayor
ATTEST:
Lorri Smit
City Clerk
Krebsbach
June 3, 2014 Mendota Heights City Council Page 8