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2014-09-02 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 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 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 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 d) Approval of Personnel Action Report, h) Approval of Annual Contribution to the Mendota Heights Athletic Association, i), Approve Appointment of Permanent Firefighters, k) Accept Resignation of Planning Commission Robin Hennessy, 1) Approval of Resolution 2014-48 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 1196 Northland Drive, and m) Approval of Resolution 2014-49 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 894 Sibley Memorial Highway. a. Approval of August 19, 2014 City Council Minutes b. Approval of August 19, 2014 City Council Workshop Minutes c. Acknowledgement of August 26, 2014 Planning Commission Minutes d. Approval of Personnel Action Report e. Award Contract for 2014 Street Striping Project f. Accept July 2014 Fire Department Synopsis Report September 2, 2014 Mendota Heights City Council Page I g. Approval of City Administrator Out -of -State Travel Request h. Approval of Annual Contribution to the Mendota Heights Athletic Association i. Approve Appointment of Permanent Firefighters j. Approval of Temporary On -Sale Liquor License for St. Thomas Academy k. Accept Resignation of Planning Commission Robin Hennessy 1. Approval of Resolution 2014-48 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 1196 Northland Drive, Planning Case 2014-23 m. Approval of Resolution 2014-49 Conditional Use Permit for Upgrades to Wireless Antenna Tower at 894 Sibley Memorial Highway, Planning Case 2014-24 n. Approval of July 2014 Treasurer's Report o. Approval of Claims List Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEM D) APPROVAL OF PERSONNEL ACTION REPORT Assistant to the City Administrator Tamara Schutta reviewed the three items listed in the Personnel Action Report. Sue Donovan completed her one-year probation for her promotion to IT Manager and staff recommended she be formally appointed to the full-time position. Nolan Wall has completed his one-year probation as Planner and staff recommended he be formally appointed to the full-time position. Contingent upon the results of a background check, staff requested the Council appoint Nicholas Courteau as a Mechanic. Councilmember Duggan moved to approve the actions as requested in the Personnel Action Report. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 H) APPROVAL OF ANNUAL CONTRIBUTION TO THE MENDOTA HEIGHTS ATHLETIC ASSOCIATION (MHAA) Mayor Krebsbach noted that prior to this meeting the Council held their budget workshop and discussed three items; one of which was the hockey rink and Mendota Heights' financial relationship with the athletic association. She pointed out that the City does make an annual contribution of $10,000 to MHAA. City Administrator Justin Miller stated that during last year's budget session the Council discussed allocating this money towards a specific use. MHAA has provided invoices detailing what their annual insurance premiums are. This donation would help off -set those costs. September 2, 2014 Mendota Heights City Council Page 2 Councilmember Duggan commented that it was at the request of Councilmember Povolny that the Council examine in more detail the Association's expenses to enable a better understanding. Councilmember Duggan moved to approve a payment of $ 10,000 to the Mendota Heights Athletic Association. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 1) APPROVE APPOINTMENT OF PERMANENT FIREFIGHTERS Councilmember Duggan stated that the City is blessed with one of the more outstanding volunteer fire departments in Minnesota. With the volunteers from the community and nearby, the City saves a lot of money. He applauded Cory Lane, Pete Madland, George O'Gara, and David Winge for being accepted into the Fire Department. The Fire Department will hold a bonfire on October 31St. Council member Duggan encouraged the residents to come recognize the entire department for their service to the community. Councilmember Duggan moved to approve the permanent appointments of Cory Lane, Pete Madland, George O'Gara, and David Winge as firefighters effective September 19, 2014. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: I K) ACCEPT RESIGNATION OF PLANNING COMMISSION ROBIN HENNESSY Councilmember Duggan noted that community residents volunteer to serve on various commissions of the City. He extended his appreciation to Ms. Robin Hennessy for her time on the Planning Commission and his sadness to see her leaving the community. He encouraged the residents to seek out opportunities to serve on the City's commissions. Councilmember Petschel asked if Planner Nolan Wall was comfortable with the position remaining vacant until February 2015. Planner Wall replied in the affirmative. Councilmember Petschel noted that the City would also be losing her husband, Joel Hennessy, who is a former member of the Airport Commission and a former volunteer firefighter. Councilmember Duggan moved to accept Commissioner Hennessy's resignation, effective September 30, 2014 and to delay the appointment of a new planning commission member until February 2015. Councilmember Povolny seconded the motion. Ayes: 4 September Z 2014 Mendota Heights City Council Page 3 Nays: 0 Absent: L) APPROVAL OF RESOLUTION 2014-48 CONDITIONAL USE PERMIT FOR UPGRADES TO WIRELESS ANTENNA TOWER AT 1196 NORTHLAND DRIVE, PLANNING CASE 2014-23, AND M) APPROVAL OF RESOLUTION 2014-49 CONDITIONAL USE PERMIT FOR UPGRADES TO WIRELESS ANTENNA TOWER AT 894 SIBLEY MEMORIAL HIGHWAY, PLANNING CASE 2014-24 Planner Nolan Wall briefly reviewed both Planning Case 2014-23 and Planning Case 2014-24 as they were very similar. Planning Case 2014-23 — SAC Wireless SAC Wireless, on behalf of AT&T, requested a Conditional Use Permit for wireless antenna facility upgrades to the existing facility at 1196 Northland Drive. The intent is to increase the data and call capacity on the existing service area. The upgrades consist of additional and relocated antennas and associated equipment. The height of the tower will not be increased and the exterior of the accessory structure will not be modified. The subject parcel is owned by the City of Mendota Heights and AT&T operates under a lease agreement. Councilmember Duggan moved to adopt RESOLUTION 2014-48 APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 1196 NORTHLAND DRIVE based on the Findings of Fact and Conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Planning Case 2014-24 — SAC Wireless SAC Wireless, on behalf of AT&T, requested a Conditional Use Permit for wireless antenna facility upgrades to the existing facility at 894 Sibley Memorial Highway. The intent is to increase the data and call capacity on the existing service area. This parcel is located within the Mississippi River Corridor Critical Area; however, in consideration of past approvals for this tower and additional upgrades and no changes being made to the ground area, staff did not require a Critical Area Permit for this request. The upgrades consist of additional and relocated antennas and associated equipment. The height of the tower will not be increased and the exterior of the accessory structure will not be modified. The subject parcel is owned by the City of Mendota Heights and AT&T operates under a lease agreement. September 2, 2014 Mendota Heights City Council Page 4 Councilmember Povolny moved to approve RESOLUTION 2014-49 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 894 SIBLEY MEMORIAL HIGHWAY based on the Findings of Fact and Conditions as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel asked if this would improve the reception for the residents in the two areas. Mr. Christopher Rohr, Zoning & Permitting Specialist at SAC Wireless replied that the upgrades would not increase the coverage area, but it would increase the capacity that the cell tower can handle. PUBLIC COMMENTS Mr. Mike Magnuson, President of the Sibley Area Youth Hockey Association, noted that the association is fully supportive of the refurbishing of the West St. Paul Ice Rink. As an association he stated they are working very closely with the Sibley Booster Club and how they allocate their funds, as well as their own association budget. The association is going through some pressures of their own and is taking a much more aggressive approach with multiple fundraisers. They are hopeful the Council will move forward in their support of the refurbishing of the ice rink. Mr. Jed Taylor, 670 Maple Park Drive, requested that the Council consider changing the restrictive beekeeping directives. According to the newspapers, other communities have done this and it is important that everyone try to help to maintain the bee population. As a gardener, he looks to see what is pollinating his plants and there are fewer and fewer honey bees pollinating. Councilmember Duggan suggested this item be added to an upcoming workshop session. Mr. Ted Kronschnabel, 2272 Fieldstone Drive, requested that the Council support finding a way to join a partnership in renovating the West St. Paul Ice Arena. The children of Mendota Heights need a place to skate. It is time for the City of Mendota Heights to show their support of the hockey associations as the children population is growing and they need a place to skate. Ms. Jocelyn Hechtl, 2491 Pondhaven Circle, stated she believes the delay needs to stop as the deadline for the grant application is October 1. Without the grant there would be more money that would need to be raised. Ms. Laurie Tostrud, 1490 Somerset Court, noted that the hockey rink is not something for a school referendum but is something that a City provides for their residents. For the City to use 10% of their reserve funds is a reasonable risk — West St. Paul and the school board are using their reserves and taking that risk for the community. She requested that the Council give their support to the refurbishing of the West St. Paul Arena. Mr. Ted Cheesebrough, 880 Cheri Lane, questioned if this is not the sort of thing a reserve account is kept for. He urged the Council to give their support for the hockey arena. September 2, 2014 Mendota Heights City Council Page 5 Mr. Patrick Fitzgerald, on the board of directors for the association, addressed the overall sense of urgency. The deadline of October 1 has been mentioned; however, the reality is that there may not be an association in two years if there is no rink. Mr. Ryan Shirk, 905 Mendakota Court, expressed his support of the hockey arena. One of the things that make this a great community is the love of hockey. To refurbish the existing rink is a small price to pay. Councilmember Petschei commented that this is not the first time that residents have come before the Council on this issue. She commended this group and this community for all of the comments. Mayor Krebsbach echoed Councilmember Petschel's comments and noted that she found the comments she received over the last weekend energizing. The Council will continue to work on this issue. Councilmember Duggan commented on the tenor of the emails he received as being amazing. NEW AND UNFINISHED BUSINESS A) PLANNING CASE 2014-21, WETLANDS PERMIT AT 667 IVY FALLS COURT, APPROVE RESOLUTION 2014-47 Planner Nolan Wall explained that the applicant was seeking a wetlands permit to remove vegetation and construct various improvements at 667 Ivy Falls Court. The subject parcel is 0.68 acres, contains an existing single family dwelling abutting a tributary stream to Ivy Falls Creek. The property is zoned R-1 and guided for low density residential development on the Comprehensive Plan. The proposed project includes a 720 square foot pool, a sport court, landscaping and sod, an ornamental fence, a deck that would go with the pool, a 20 -foot diameter fire pit paver/patio, and a boulder wall. Those proposed activities are within 100 feet of the water resource related area and do not meet the conditions for administrative approval. The wetlands chapter requires a permit for vegetation removal and construction within the wetland or water resource related area. Planner Wall explained the landscape plan. He noted that final grading and erosion control plans would be reviewed as part of the building permit application. Staff stated that the distance of the proposed improvements from the stream, and the limited land disturbance that is within the 25 -foot buffer area, satisfies the intent of the code. Staff recommended approval of this application with conditions. Mayor Krebsbach stated that she would not be in support of this as the City spent $1.4M to restore the shore of Ivy Creek in the 1990s and the individual residents spent approximately $3,500 each. She believed this was too much of an encroachment and deviation of the standard. Her comment was no reflection on the members of the community but a matter of respecting the City's investment. Councilmember Duggan stated that he believed that none of the $1.4M that was spent to restore the area was spent on this specific area. He would be in support of this application as it would be a huge improvement to the community. September 2, 2014 Mendota Heights City Council Page 6 Councilmember Petschel asked if any concerns had been raised by neighbors. Planner Wall replied that some property owners did provide comments at the public hearing and that most of their concerns had been addressed. Mainly, there was confusion on what a wetlands permit could and could not do and what would be permitted and not permitted in a wetlands area. He stated that staff is confident that the improvements would not negatively impact the water resource system. Mayor Krebsbach asked for confirmation that there would be staff supervision of the removal and replanting of vegetation in the wetland area. Planner Wall confirmed. Mr. Jed Taylor, 670 Maple Park Drive, stated that his property looks onto the subject parcel. His concern was the potential activity around the fire pit. He also noted that this would be the first pool to be installed on this section of the creek. If this request were approved, there could be other requests for pools in this area. He summarized his concerns as being the fire pit, the potential for entertainment in the area becoming a nuisance, and the installation of a pool. Mr. Taylor also requested that the following be considered if this application were to be approved - removal of the cottonwood trees that are close to the fire pit; the pool equipment be located in the basement to preserve it, to require less suction to draw the water up, and to make it quieter; a drainage plan for the pool be underground; and a saline pool be recommended. Mr. Tom Christ, on behalf of the owners and as the landscape designer, clarified the location of where most of the land disturbance would take place, the location of the proposed pool, which vegetation items would be removed, the location and possible reduction in the size of the fire pit, the location of the retaining wall, and the reasons for removing some of the vegetation beyond the sports area. Councilmember Duggan moved to adopt RESOLUTION 2014-47 APPROVING A WETLANDS PERMIT AT 667 IVY FALLS COURT based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Councilmember Duggan asked for staff to comment on the fact that the fire pit would not contain a wood fire but a gas fire. City Engineer John Mazzitello replied that this is something the fire marshal would review at the time of the building permit application as far as the distance from any structures or trees. The fact that it is a controllable gas flame may play into what those distances are versus an open wood fire. Councilmember Duggan also asked if the fire marshal would require a water hose and an adult attendant when the gas fire pit was in use. City Administrator Justin Miller stated that all of that would be part of the review of the building permit. Planner Wall noted that the applicant's proposal is to remove the vegetation that is included in the plan. He was uncertain if staff or the Council could ask or require him to remove any additional vegetation. It is staff's position that the applicant is complying with the code requirements in relation to the wetlands permit. This approval would allow the property owner to move forward with the building permit process. September 2, 2014 Mendota Heights City Council Page 7 Mayor Krebsbach requested that Planner Wali, for future applications, review the documentation regarding the Ivy Falls Creek and the history of the restoration. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 B) REVIEW OF PROPOSED GAS AND ELECTRIC UTILITY FRANCHISE AGREEMENTS Councilmember Duggan noted that this item was discussed at the workshop and a delay was indicated; he then asked if this item should be considered now. City Administrator Justin Miller explained that at the workshop meeting the Council discussed franchise fees as part of the budget discussion. Before the Council at this time were two documents; the franchise agreement, which Xcei Energy would prefer to have with the City whether or not a franchise fee was in place; and also a franchise fee for the citizens as well. If the Council desires they could stili move forward with the actual franchise agreements, which would not include the fees, but would be a contract between the City and Xcei Energy. The City has had them in the past but does not have one currently. It would formalize agreements and the way the City would do business with the utility. There is not a timeline on this and it does not need to be in place other than formalizing the relationship with the utility. Mayor Krebsbach requested that this not proceed at this time as the Council decided they would like more time to notify the residents and businesses that this is something the Council may consider for next year. Councilmember Duggan moved to table the REVIEW OF PROPOSED GAS AND ELECTRIC UTILITY FRANCHISE AGREEMENTS. Mayor Krebsbach seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) 2014 BOND ISSUE AND REFUNDING Finance Director Kristen Schabacker explained that this was the beginning of the process of bonding for the Victoria Road and Rolling Green Neighborhood improvement project. Ehlers & Associates would assist the City with the bond sale. The City would be issuing $1,050,000 General Obligation Improvement Bonds for these street projects with a term of 20 years. The 2007 Improvement Bonds are eligible to be called and refunded. By refunding these bonds the city will save approximately $151,400 in interest over the remaining 13 years of the bonds. The city would be issuing $900,000 for the refunding of these bonds. September 2, 2014 Mendota Heights City Council Page 8 Councilmember Duggan moved to adopt RESOLUTION 2014-51 RESOLUTION PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel moved to adopt RESOLUTION 2014-52 RESOLUTION PROVIDING FOR THE SALE OF $900,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The Fire Department is accepting applications for firefighters. Orientation sessions will be held on Tuesday, September 9, 2014. • The 15th Annual Wacipi Pow Wow is September 12 —14, 2014 at the St. Peter's Church. • School started on September 2, 2014 and fall is not far away. The last Concert in the Park for the season will be held on Friday, September 12, 2014. • Sibley Plaza is hosting a "Stand Up for Scott" event on Saturday, September 27, 2014 with live music, fundraiser, auction, and raffle for the Patrick family. COUNCIL COMMENTS Mayor Krebsbach asked for an update on the street reconstruction. City Engineer John Mazzitelio stated that the street reconstruction project is proceeding according to schedule and will be substantially complete by September 27, 2014. The assessment hearing is scheduled for the first meeting in October. Most of the grading in the Rolling Green Neighborhood has been completed and they should be expecting asphalt within the next week. The Highway 13 portion in Lilydale has been reclaimed and repaved. They are finishing stormwater installation and should be laying curb on Victoria within the week. Councilmember Petschel asked about the state of the trail under Highway 13, which had been closed because of a mudslide. Engineer Mazzitello answered that the first mudslide of the summer closed the Big Rivers Regional Trail and he did not believe that it had been reopened yet. Councilmember Duggan passed along compliments he received from residents on the handling of the Victoria reconstruction. September 2, 2014 Mendota Heights City Council Page 9 Councilmember Povolny stated that he has lived in Mendota Heights for 30 years and noted how things have changed and how traffic has increased. Engineer Mazzitello noted that the MSA street counts were completed this past summer and they should have the results shortly. Councilmember Duggan noted that Ira Kipp expressed an interest in the idea of a library in Mendota Heights. He also shared an image of a window cling created and donated by BT Design, available for a $5 donation at TK's Coffee of which 100% would be donated in honor of slain Police Officer Scott Patrick. Chief of Police Michael Aschenbrener shared information regarding the committee set up to explore the creation of a memorial. Councilmember Duggan also noted that the 2014 Service to Humanity Gala, which is United Hospitals, lists several residents of Mendota Heights as recipients of the Service to Humanity Award, including Moe Sharifkhan, Vic Corbin, Gary Cravats, and others. Mayor Krebsbach expressed her appreciation to everyone for the workshop that was held and the resolutions will be brought forward at the next meeting. She also noted that school started today and she hopes everyone had a good day. Councilmember Petschel moved to adjourn. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 8:31 p.m. dra Krebsbach Mayor -- ATTEST: Lorri Smith City Clerk September 2, 2014 Mendota Heights City Council Page 10