Loading...
2014-10-21 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 21, 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 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 a) Approval of October 7, 2014 City Council Minutes; d) Approval of City Labor Attorney Request for Proposals; and g) Approval of Resolution 2014-71, Supporting 2015-2019 Dakota County Capital Improvement Plan. a. Approval of October 7, 2014 City Council Minutes b. Acknowledgment of October 8, 2014 Airport Relations Commission Minutes c. Receipt of September 2014 Fire Department Synopsis Report d. Approval of City Labor Attorney Request for Proposals e. Receipt of September Building Activity Report f. Receipt of September Par 3 Report g. Approval of Resolution 2014-71, Supporting 2015-2019 Dakota County Capital Improvement Plan h. Approval of 2015 Insurance Renewal and Election to Not Waive Statutory Tort Limits i. Approval of Resolution 2014-70, Calling for Public Hearing to Consider Vacation of Part of Partition Road Right -of -Way j. Approval of Purchase Orders for Storm Sewer Repairs k. Approval of Purchase Order for Sanitary Lift Station Repairs October 21, 2014 Mendota Heights City Council Page 1 1. Approval of September 2014 Treasurer's Report m. Approval of Claims List n. Approval of Contractors List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF OCTOBER 7, 2014 CITY COUNCIL MINUTES A revised and corrected set of minutes for the October 7, 2014 City Council Meeting was provided to the Councilmembers. Councilmember Petschel moved to approve the October 7, 2014 City Council Minutes as revised. Councilmember Duggan seconded the motion. Ayes: 4 Abstain: 1 (Povolny) Nays: 0 D) APPROVAL OF CITY LABOR ATTORNEY REQUEST FOR PROPOSALS City Administrator Justin Miller provided background information on the request for proposal for the position of City Labor Attorney. The City Labor Attorney is expected to assist in all types of personnel matters. It is expected that the new contract would be effective January 1, 2015. Councilmember Duggan moved to approve the City Labor Attorney Request for Proposals. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 G) APPROVAL OF RESOLUTION 2014-71, SUPPORTING 2015-2019 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN City Engineer John Mazzitello explained that each year Dakota County requests cities to review their proposed Capital Improvement Plan (CIP) for the next five years. Mendota Heights does not have any significant infrastructure projects listed beyond the recurring markings and signage maintenance items, but there is one item for the County's contribution to stormwater funding for the reconstruction of Highway 13, which is scheduled to take place next year. That project includes an extensive stormwater drainage modification that was worked through the Lower Mississippi River Watershed Management Organization to help alleviate some slope erosion. Mendota Heights has a contributing water flow to the watershed so will be expected to pay a small portion of the stormwater fees. Councilmember Duggan moved to adopt RESOLUTION 2014-71, SUPPORTING PROJECTS LISTED IN THE DRAFT 2015-2019 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 October 21, 2014 Mendota Heights City Council Page 2 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) JESS LUCE, MENDOTA HEIGHTS COMMUNITIES FOR A LIFETIME City Administrator Justin Miller introduced Mr. Jess Luce from the Dakota County Public Health, who has been working on a Dakota County initiative called Communities for a Lifetime involving senior citizens in the city. Mr. Luce explained that Dakota County's Communities for a Lifetime initiative has been going on for almost three years. There is a local group called Mendota Heights for a Lifetime. The main focus point of the initiative is to make good places to grow up and grow old in; a community planning framework that suggests that if you plan and build for older adults in mind, you do so at the benefit of other citizens — younger people and other age cohorts. Mr. Luce noted that in 2010, nearly 40,000 people in Dakota County were age 65 and older; that number is expected to double by 2020 and triple by 2030. According to a report from the University of Minnesota School of Public Health, an estimated 28 percent of Minnesota boomers will not have sufficient resources to cover their retirement expenses. Mendota Heights for a Lifetime has been working with other groups in West St. Paul, Hastings, Apple Valley, and others to do asset mapping and strategic planning. Councilmembers asked questions regarding the long-term future of DARTS and if the percentage of aging adults in Mendota Heights mirrors Dakota County. NEW AND UNFINISHED BUSINESS A) PLANNING CASE 2014-28, CODE AMENDMENT REQUEST FOR EXCEPTION TO SWIMMING POOL FENCING REQUIREMENTS, RESOLUTION 2014-61 Planner Nolan Wall noted that this was a continuation of the discussion that took place at the last Council meeting regarding a request to amend Title 9-2-4(C) of the City Code to allow an exception for swimming pool fencing requirements. Councilmember Duggan asked for a clarifying edit to Section 1, Item 4. He also asked if any research is being done about a backup in case of an electrical failure and if there are any statistics available to compare the number of drownings in a pool with an automatic pool cover versus a pool with a fence. Mayor Krebsbach stated her opposition to this ordinance amendment as it puts in a human dimension, although she is aware that if a fence is not latched there is a human dimension there as well. October 21, 2014 Mendota Heights City Council Page 3 Mayor Krebsbach moved to adopt RESOLUTION 2014-61 DENYING ORDINANCE NO. 469 TO AMEND THE CITY CODE TO ALLOW AN EXCEPTION FOR SWIMMING POOL FENCING REQUIREMENTS based on the following Findings of Fact as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 3 (Krebsbach, Povolny, Petschel) Nays: 2 (Duggan, Norton) B) PLANNING CASE 2014-20, AFTER -THE -FACT CONDITIONAL USE PERMIT, 645 SIBLEY MEMORIAL HIGHWAY, RESOLUTION 2014-69 Planner Nolan Wall explained that the applicant was requesting an After -the -Fact Conditional Use Permit to clear cut vegetation in the Mississippi River Corridor Critical Area at 645 Sibley Memorial Highway. The applicant received a Critical Area Permit in October 2013 to construct a new dwelling on the subject parcel. On July 1 of this year, staff was made aware of cutting activity within the bluff area, which was not included as part of the approved Critical Area Permit. Staff investigated the issue and notified the property owners of the appropriate course of action, which included submitting a Conditional Use Permit application, inventorying the trees that were removed, and providing a restoration plan. Planner Wall noted that the proposed After -the -Fact Conditional Use Peliuit only addresses the clear cutting activity that took place within the impacted area this past summer and any additional cutting or trimming would require another application. Clear cutting within the critical area is allowed by Conditional Use Permit in compliance with various conditions. As noted, a number of those conditions were not met in this case. The goal of processing the after -the -fact penult is to place conditions on the property, to monitor the vegetation regrowth, and to ensure that no action is taken that may cause further damage to the impacted area. A Bluff Tree Preservation Plan was included as part of this application. The impacted area has been cut in the past and the existing vegetation pattern in that area is different than the adjoining properties along the bluff, which consists of mature Oak, Basswood, Maple, Hackberry, and Ash Trees. As a result of the most recent activity no additional mature vegetation was removed that would substantially increase the area of the previously impacted area — the trimming that was done was within the same area as previously. The vegetation regrowth was evaluated in September to determine its viability. The applicant did provide a Vegetation Restoration Plan that would be implemented if the regrowth was determined to be inadequate. According to the landscape architect, the plantings are meant to supplement and support the natural vegetation regrowth and are not meant to replace mature trees that were removed by a previous property owner. Councilmember Norton asked when the previous clearcutting took place and when the current owner purchased the property. Mayor Krebsbach asked Planner Wall to walk the Council through all of the points in terms of activity on the site and what the Council needs to decide. October 21, 2014 Mendota Heights City Council Page 4 Planner Wall explained that staff revisited the site in August and again in September 2014 to evaluate and document the vegetation regrowth. Staff also required the owners to submit a report from their contracted landscape architect. This architect provided images showing some of the regrowth in the area (taken July 28) The existing tree stumps and root systems were left intact and substantial regrowth has occurred since June. The report also recommended that no additional planting are undertaken as this time to prevent unwanted disturbance to the soil surface or to the existing root systems, which could potentially lead to increased erosion in the impacted area. According to the geotechnical report provided by the applicant, no evidence of erosion was observed in the impacted area and the clearcutting activity did not appear to have a negative impact on the stability of the slope. Planner Wall noted that these observations were made from the top of the bluff and soil samples were not taken, per the geotechnical engineer, due to unsafe conditions and to eliminate any additional disturbance within the impacted area. Staff and the Department of Natural Resources (DNR) reviewed the reports and are not recommending any further action. The Planning Commission conducted a public hearing on this case at their August meeting and recommended approval of an After -the -Fact Conditional Use Permit for clearcutting within the Mississippi River Corridor with conditions. Planner Wall further explained that potential approval of this permit is not intended to condone what was done. If the property owner had engaged the City prior to conducting the clearcutting, appropriate procedures and limitations could have been discussed and implemented. Planner Wall noted that any further investigation of the slope would be left up to a professional to determine how best to continue to monitor it. Staff reserves the right to either contract with someone or require the property owner do that to provide the information. Councilmembers asked questions regarding who would conduct any additional investigation on the slope, if Council has the right to impose a fine and if the City Attorney would recommend such a fine, the name of the vendor who did the tree cutting, if the vendor checked for the existence of a permit, the possibility of sending the vendor a letter expressing the City's concerns with their services in light of their knowledge of clearcutting in the bluff area, and whether or not some of the conditions would place undue hardship on the property owner. Mayor Krebsbach invited the applicant to come forward and address the Council. Paul and Shannon Burke, along with their landscape architect, noted that they really did not have a lot to add beyond what staff has already described. Mr. Burke did comment that the tree service he hired was contracted to prune the trees for view. This tree service took it upon themselves, based upon a phone call they claimed to have made to the City, to go ahead and cut the boxelder trees to their stumps. Mayor Krebsbach opened the floor for comments from the public. Mr. Marco Scibora, a neighbor, stated that he was disturbed when he noticed the activity because he understands the ramifications of such. He asked that this permit be denied. After reading the report from October 21, 2014 Mendota Heights City Council Page 5 the geotechnical engineer, there is nothing there to base their opinion on. They recommended that nothing be done; however, at the end of their letter they state that "No warranty expressed or implied is made". He believes that his property is now at risk. He recommended a bond be put in place to protect all of the area property owners and that waiting until next spring to `see if the regrowth is adequate' is too late. City Attorney Tom Lehmann stated that he does not believe the City would have the ability to require such a bond. At some point the City would have to defend any such request, and it would be impossible for any bond company to issue such a bond because the City would not know what the conditions would be to determine whether or not the actions caused what the City would require them to bond for. Mayor Krebsbach asked about the credibility of a visual inspection from the top of the bluff or slope. City Attorney Lehmann stated the City has relied upon the expertise of the geo-technicians in the past. Planner Wall commented that the Planning Commission requested the applicant pay for the geotechnical evaluation. Staff was hesitant to require a soil sample or have someone go down the slope due to the liability involved. City Administrator Miller stated for clarification that if the resolution were to be approved, it would not mean that the City condones what was done. The property owner has had to incur expenses to do the reports received, and staff is going to be asking him to put up a letter of credit, which will be in the thousands of dollars, to guarantee a value of any future landscaping. The city will probably be looking at issuing a citation for a misdemeanor that would have a financial penalty as well. Ms. Shirley Erstad, Executive Director of Friends for the Parks & Trails of St. Paul and Ramsey County, 1660 Laurel Avenue, St. Paul, has been and continues to be an active participant in the DNR revision process for the Mississippi River Corridor Critical Area. She stressed the importance of upholding the ordinances in the Mississippi River Corridor Critical Area as well as the ordinances in Mendota Heights. She shared the background of how and when the critical area was created. She stated that there should be no further trimming, cutting, or alteration of the bluff or slope of any kind and she recommended an annual thorough inspection of this slope and the bluff for the next five years at a minimum, to monitor the vegetation regrowth and check for signs of erosion. She also expressed her support of the retention of a security bond. Mr. Tom Dimond, 2119 Skyway Drive, St. Paul shared the plan for restoration of Lilydale Park after the slides that caused damage and deaths. The fact that the City of Mendota Heights has a property that literally abuts these areas raises clear concerns. He stated that the geotechnical analysis of the slope was not adequate because of safety concerns and limited access to the bluff area. He feels it is unknown what the stability of the area is. Considering the fact that there have been issues along the corridor, there is a great liability and he encouraged the Council to ensure they have an adequate bond. He also encouraged the Council to have a longer review time. City Engineer John Mazzitello addressed the concerns raised about the geotechnical report. He stated that the geotechnical engineer's report was produced to supplement and backup what the landscape architect had produced. There is a statement where the geotechnical engineers states that they understand that stumps and root structures were undisturbed. The root structure that existed prior to cutting the vegetation is still in place, so there was no disturbance of the soil of the slope although the vegetation was removed. In discussing courses of action with staff, it was discussed about not taking on October 21, 2014 Mendota Heights City Council Page 6 any activities that may make the stabilization of the slope worse — such as disturbance of the slope that would be associated with re -vegetation activities. Staff recommends monitoring the regrowth very closely. If there are areas exposed that do not have regrowth, re -vegetation may be necessary in those areas at a future date. With respect to the timeframe of financial security, the city staff chose 24 months as an ability to observe two growing seasons. Staff would have no objection to making that 60 months. Mayor Krebsbach stated that she would be in support of increasing the timeframe. Councilmember Petschel said she would support 5 years. She also expressed her concern that the bond may not be adequate. City Attorney Lehmann stated that he believes that City Code allows the bond to be 1.5 times the amount of the cost. Administrator Miller stated that staff would receive the estimate from the applicant, review it, and make any adjustments that they deem necessary. Councilmember Duggan suggested that this topic be held over, get another geotechnical report and have staff verify it, and then Council could take action. Mayor Krebsbach asked if the geotechnical report included in the packet is adequate. Planner Wall replied that it was recommended by the Planning Commission that the applicant contract with a geotechnical engineer that is licensed to do this kind of report, and that is what they submitted. It is the Council's decision to determine if this is adequate for them to make a decision. In response to the last sentence in the report that reads "No warranty expressed or implied", City Engineer Mazzitello explained that it is more of an insulator for the firm because the opening of that paragraph that reads "Haugo GeoTechnical Services LLC" — this particular engineer with his license number is still liable. He did not believe it was necessary to obtain another geotechnical report. Mayor Krebsbach voiced her desire to see a condition added to the resolution that an additional report be obtained if the City deems further information from this or another geotechnical firm is warranted. City staff recommended language amending Condition #3 in the resolution to make it clear that the city may at any time within the next 36 months, and at the property owner's expense, retain a geotechnical engineer to conduct an investigation of the slope Councilmember Petschel stated that the item missing is the 'best practices' of what is necessary to replant the slope, how much, and how much that is going to cost; which would in turn determine the performance bond. Councilmember Norton moved that no more public comments be taken on this topic. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 1 (Duggan) Mayor Krebsbach stated her desire to see a condition be added to pursue a citation for the violation. Planner Wall responded that staff would not need a Council action to undertake that process. However, a motion from the Council, separate from this resolution, might be of interest to the court in considering this case. October 21, 2014 Mendota Heights City Council Page 7 Councilmember Norton moved to adopt RESOLUTION 2014-69 APPROVING AN AFTER -THE - FACT CONDITIONAL USE PERMIT AT 645 SIBLEY MEMORIAL HIGHWAY with conditions as amended by the Council. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Norton moved that direction be given to staff to further investigate whether a citation is appropriate given the circumstances. Councilmember Duggan seconded the motion. For the record, Mayor Krebsbach pointed out that this recommendation by staff would come back to the Council for approval. Ayes: 5 Nays: 0 OTHER Councilmember Povolny pointed out that there were a couple of students in attendance working on different projects and a Boy Scout fulfilling badge requirements. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Annual Halloween Bonfire is Friday, October 31 from 7:00 — 9:OOpm behind Mendota Plaza. • General Election is Tuesday, November 4. Residents can absentee vote at City Hall during regular business hours. Absentee voting will also be available on Saturday, November 1. • Residents were encouraged to adopt a fire hydrant to keep it free from snow and accessible during the winter months. • Starting November 1 there will be no parking on city streets from 2:OOam — 6:OOam. • The 66th Annual Firefighters Dance is Friday, November 14. Tickets are available at City Hall. • Victoria Road Reconstruction and Rolling Green Neighborhood — final lift of asphalt was installed on Tuesday, October 21; the project is pretty much complete. • Construction on Highway 13 trail connection from Summit to Lilydale Road has begun; to be completed by mid-November. • Due to the General Election on Tuesday, November 4th, the next Council meeting was rescheduled for Wednesday, November 5th at 7:00 p.m. October 21, 2014 Mendota Heights City Council Page 8 COUNCIL COMMENTS Councilmember Duggan encouraged all of the residents to purchase tickets for the Fire Department Annual Dance. They are one of the best fire departments in Minnesota, if not the Country. Councilmember Petschel noted that during her recent door-to-door campaigning, she ran into a number of residents who have had their homes tested for radon and found the levels high. It is an inexpensive test to have done and not terribly expensive to remediate. She encouraged all residents to have their homes tested. She also gave kudos to Sloan Wallgren, who worked so hard to develop the soccer -style golf at the Par 3. There was a wonderful write-up in the paper. This is bringing even more youth golfers to the course. She suggested the City leverage their website to contact residents, or have them be able to go to the website for electronic notifications of when their water or power were to be turned off. Maybe too there could be a place where residents could see if there are any ongoing issues in their neighborhoods they should be aware of. There will be a partial solar eclipse on Thursday, October 23. Mayor Krebsbach was asked by a resident about protocol if there is a break-in or an incident in their neighborhood, how are residents informed. City Administrator Justin Miller replied if it is believed that it would help in the apprehension of a suspect, staff or crime prevention personnel reach out to residents in the neighborhoods. There are three city reports available online; Just the Facts, Timeline, and Friday Update. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:55 p.m. ATTES Lorri Smith City Clerk Sandra Krebs_ Mayor October 21, 2014 Mendota Heights City Council Page 9