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2014-07-01 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 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. Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel. Absent: Councilmember Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny 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 Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items e.) Approval of Resolution 2014-40 Municipal State Aid Street Designation Revisions and k.) Approval of Claims List. a. Approval of June 17, 2014 City Council Minutes b. Acknowledgement of June 10, 2014 Park and Recreation Commission Minutes c. Acknowledgement of June 24, 2014 Planning Commission Minutes d. Receipt of May 2014 Par 3 Report e. Approval of Resolution 2014-40 Municipal State Aid Street Designation Revisions f. Approval of Personnel Action Report g. Approval of Out of State Travel for Police Officer Background Checks July 1, 2014 Mendota Heights City Council Page 1 h. Approval of Resolution 2014-41 Authorization to Order Feasibility Report for Kensington Neighborhood Street Rehabilitation i. Approval of Emergency Purchase Order for Interstate Valley Creek Trail Culvert Repair j. Receipt of May Treasurer's Report k. Approval of Claims List 1. Approval of Contractors List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: PULLED CONSENT AGENDA ITEM E) APPROVAL OF RESOLUTION 2014-40 MUNICIPAL STATE AID STREET DESIGNATION REVISIONS Public Works Director / City Engineer John Mazzitello explained that a certain number of miles of the municipal streets are designated as municipal state aid streets. Each year the City goes through a revision process with the State Department of Transportation and designates which streets would be MSA; having a limited number of miles that can be claimed. For the past several years, these streets have stayed the same. This year the City is requesting to make a subtle change including removing Lexington Avenue and adding Victoria, from Marie to Lexington. In next year's cycle, the City would be looking to add Centre Pointe Curve to Dakota Road, and other frontage roads that have been received back from the State Department of Transportation. Mayor Krebsbach asked if the total mileage would remain the same. Engineer Mazzitello replied that the total maximum mileage that could be claimed would remain the same. Once the revisions are made this year and next year, the City would be at the maximum allowable mileage. Mayor Krebsbach also asked if this would affect the street reconstruction. Engineer Mazzitello replied that it would not affect the street reconstruction this year; and once Victoria is added next year it would not affect that project either. In addition, the City would be able to use MSA dollars on that project as planned. Councilmember Duggan moved to ADOPT RESOLUTION 2014 — 40, RESOLUTION ESTABLISHING AND REVOKING MUNICIPAL STATE AID STREETS. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 July 1, 2014 Mendota Heights City Council Page 2 K) APPROVAL OF CLAIMS LIST Councilmember Duggan noted that he had a question on the claim from Inver Grove Ford for a new Parks truck in the amount of $34,039.92. He asked if the City saved any money or is the purchase on budget. Engineer Mazzitello replied that they were able to obtain a fleet vehicle off the floor rather than ordering the vehicle. The budget was $36,218 and the cost of the fleet vehicle was $34,039.92. Councilmember Duggan also asked about the payment to KDV for the final audit billing in the amount of $17,350.00. Finance Director Kristen Schabacker replied for the 2013 audit the Engagement Letter was approved for approximately $32,000, and that was what was billed for the audit. The amount on the claims list is the final payment of that billing. Councilmember Duggan moved APPROVAL OF CLAIMS LIST. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS There were no public comments. NEW AND UNFINISHED BUSINESS A) NOTICE OF INTENT TO CONSIDER GAS AND ELECTRIC UTILITY FRANCHISE FEES City Administrator Justin Miller explained that this would be the first step in the process if Council would decide to implement a franchise fee on the City's gas and electric bills. This topic was first discussed at the City Council Workshop on May 29, 2014. At that time, Council directed staff to continue to work with Xcel Energy. Xcel requires a 90 day period before initial consideration of the franchise fee. If the Council decides to adopt the fee, there would be another 90 day period before they would start to collect the fee. As the City starts to talk about the 2015 budget, this clock would need to be started now if the City were to collect that fee early in 2015. Tonight's action would not implement the franchise agreement; it is directing staff to alert Xcel Energy that the City is considering this and would start that first 90 day period. Staff has requested that Xcel Energy provide what the different fees and fee structures would provide to the City. This would be a continued discussion with the City Council through the budget hearings throughout the fall. Ay 1, 2014 Mendota Heights City Council Page 3 Staff requested Council to acknowledge the draft ordinances 463 through 466; franchise agreement and franchise fee ordinance for both gas and electric. Mayor Krebsbach wished to make it clear that this would be a fee paid by anyone in the City, resident or business, with a utility account. She also explained that the reason the City is considering this is because there are a number of non -profits in the City and this would be one way to have some compensation for the use of the public rights-of-way. Administrator Miller also noted that the rate differentials differ from city to city; some cities do it as a percentage of the total bill, others do it as a flat dollar amount, others have a different rate for residential, commercial, or industrial. Mr. Jake Sedlacek of Xcel Energy was on hand to answer questions. Councilmember Duggan asked if any other entity has paid the City for use of the rights-of-way to deliver utility services. Administrator Miller replied that other than the initial installation, he was unaware of utilities paying an on-going fee. Mayor Krebsbach also noted that if the City decides to implement these fees, the monies would be dedicated; they would not be directed into the general fund. Councilmember Povolny moved to ACKNOWLEDGE THE NOTICE OF INTENT TO CONSIDER GAS AND ELECTRIC UTILITY FRANCHISE FEES. Councilmember Petschel seconded the motion. Councilmember Duggan noted that he would like to see a sunset added to the ordinance. Councilmember Petschel replied that these would be contracts which always include an end date. Administrator Miller stated that Councilmember Petschel was correct and that the proposals before the Council would be 20 year agreements. Councilmember Duggan stated that he would like to see these be 10 years agreements. This option will be discussed going forward. Ayes: 4 Nays: 0 Absent: 1 B) PLANNING CASE 2014-13, VARIANCE AND WETLAND PERMIT REQUESTS, 6774 TH AVENUE, KEN AND MARY KAY NOACK, RESOLUTION 2014-38 Planner Nolan Wall explained that this application came before the Planning Commission who held two public hearings, one in May 2014 and one in June 2014. As a result of the discussion and the action taken at the last Planning Commission meeting, the applicant has asked to delay this item until the July 15t" Council meeting. July 1, 2014 Mendota Heights City Council Page 4 Councilmember Duggan moved to table PLANNING CASE 2014-13, VARIANCE AND WETLAND PERMIT REQUESTS, 677 4TH AVENUE, KEN AND MARY KAY NOACK, RESOLUTION 2014- 38. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) PLANNING CASE 2014-17, VARIANCE REQUESTS, 1704 VICKI LANE, NED RUKAVINA AND LESLIE PILGRIM, RESOLUTION 2014-39 Planner Nolan Wall explained that the applicant has requested variances from the front and side yard setbacks standards to construct an addition onto their single family dwelling at 1704 Vicki Lane. The subject parcel is .48 acres and contains a dwelling and an attached two car garage with cul-de-sac frontage. The property is zoned R-1 and guided for low density residential development. The applicant intends to construct an addition that would enlarge the existing garage with an additional stall, add a mudroom and small studio, and remodel the kitchen. Planner Wall shared a copy of the site plan and noted that the existing dwelling, including the attached garage, is within the required setbacks for the R-1 district. The proposed addition would encroach eleven feet at its greatest dimension into the front yard setback (204 square feet) and would encroach five feet at its greatest dimension into the side yard setback (18 square feet); together the entire -pro-posed addition to the dwelling would encroach approximately 222 square feet into the required setback areas and would extend the existing structure as much as fifteen feet closer to the street. The subject parcel's location on a cul-de-sac causes a curvilinear front yard setback line, which according to the applicant, makes square structures difficult to fit on the lot. The original site plan showed an expanded driveway, which was located within two feet of the side yard property boundary line. The code requires a five foot setback. In discussions with the applicant and based on the issue raised by the Commission, the applicant did submit a revised site plan that shows how this driveway could be redesigned to meet that five foot setback. Planner Wall explained the standard of reviews needed to consider a variance request. Staff recommended approval of Resolution 2014-39 in denial of the set -back variance requests based on Findings of Fact. lvh-. Ned Rukavina introduced his wife [Ms. Leslie Pilgrim] and his neighbors [Mr. Tom Parker and Mr. Joe Morgan] who were in attendance to show their support. He also shared signatures from the neighbors adjoining his property indicating their support of the project, with the exception of one neighbor. Mr. Rukavina reviewed his plans and the effect on the adjoining the properties and the rights- of-way. July 1, 2014 Mendota Heights 04; Council Page 5 Councilmembers asked questions of Mr. Rukavina about the exploration of alternatives. Councilmember Duggan noted that he would be supportive of Mr. Rukavina's plans simply because of the size and configuration of his lot, the difficulties in trying to maneuver with the space that is left, the loss of trees; the open space that would remain if these plans were approved; and the support of his neighbors. Councilmember Povolny stated that he believes there are other ways of doing this project without encroaching into the front yard setback. He believes this is too large of an encroachment and it would change the neighborhood. Mayor Krebsbach requested a confirmation on the numbers under consideration. Planner Wall replied that current building plan would encroach into the front yard setback 11 feet at its greatest dimension, totaling 204 square feet. Councilmember Petschel commented that she does not have an issue with the side yard variance; however, she shared Councilmember Povolny's concerns about the front yard encroachments. Mayor Krebsbach suggested that the applicant take another look at the floor plan and see what could be done. After discussions, Councilmember Duggan moved to table RESOLUTION 2014-39 RESOLUTION DENYING FRONT AND SIDE YARD SETBACK VARIANCES to the July 15, 2015 City Council meeting. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • There are no concerts this week because of the holiday. The next concert will be Wednesday, July 9, 2014 at the Market Square with the "Cash and Kerry Show." • Mendakota Country Club sponsoring fireworks on July 0' at dusk. • No Park & Rec activities this week. The next field trip is Thursday, July 10 to Bunker Beach. • Tuesday, August 5t" is "Night to Unite". For more inforination, call the Police Department. • The State Primary Election will be held Tuesday, August 12. Residents who will not available to vote at their polling place can absentee vote at this time. • Voters can register online by July 22 for the State Primary Election by going to the City's website. • Mendota Day is Saturday, July 12 with a parade, kids' events, and music. • The Mendota Heights For a Lifetime group is meeting on Wednesday, July 23, 2014 to "Plan for Your Later Years" at City Hall. The public is invited. July 1, 2014 Mendota Heights City Council Page 6 COUNCIL COMMENTS Councilmember Duggan asked about the City Hall roof leak, and was informed that staff is working with the contractor to have it repaired. He also asked when Victoria reconstruction might start and was informed that ground breaking should start on July 23 with construction being completed in September 2014. To his question regarding the condition of the bluffs with all of the rain that has taken place. Administrator Miller replied that there are areas that are unstable. The engineers and police & fire have been going out to those areas completing inspections. All are encouraged to be very cautious and refrain from removing vegetation. In terms of the rule making process, the Planning Commission had their first review at their last meeting and will do that again in July. Staff anticipates bringing draft comments to the Council in August for review and then submitting those comments to the State as part of their rule making process. Councilmember Petschel reminded the residents that on Tuesday, July 29 at 7:00 p.m., the Metropolitan Airport Commission will be in the Council Chambers to listen to residents' issues in regard to airplane activity over the City. She also gave thanks to Officer Mike Shepard for helping the neighborhood on Bent Tree and Quail Ridge remove an enormous snapping turtle. It took six residents with shovels to get it back in a trailer to take it down to the pond. She gave special recognition to Eunice Diedrich who will be celebrating her 100t" birthday on July 2. Mayor Kxebsbach reminded everyone of the fireworks display on July 41h Fire Chief John Maczko was in attendance and wearing a 'police' shirt [under protest] as settlement on the "Guns & Hoses Wing Eating Contest", which the Police won. Chief Maczko also expressed his wish for everyone to have a happy and safe 4th of July, Stay away from the bluffs, and be careful as fireworks are a dangerous explosive. Chief Maczko listed what fireworks are legal and which ones are not. From a fireworks perspective, anything that leaves it container and shoots in the air is illegal in the State of Minnesota unless they are a licensed pyrotechnics technician. Councilmember Duggan noted that St. Thomas Academy has a new headmaster, Matt Mohs. He also gave recognition to the American Soccer Team for an outstanding showing in the tournament. He and his wife celebrated their anniversary by attending the Eagan Art event. Mayor Krebsbach stated that her daughter was married on June 28h at Crested Butte, CO and everyone had a great time at this mountain wedding. July 1, 2014 Mendota Heights City Council Page 7 Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Ki ebsbach adjourned the meeting at 8:10 p.m. ra Krebsbac Mayor ATTEST: Lorri Smith City Clerk Judy 1, 2014 Mendota Heights City Council Page 8