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2014-12-02 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 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, 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 Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel 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; e) Approval of Resolution 2014-73, Vacation of Partition Road Right -of -Way; f) Approval of Resolution 2014-80, Accepting Gifts from Wayzata Lions Club and Dakota County MADD Impact Panel; h) Approve Purchase of Asset Management System; I) Approval of Resolution 2014-81, Conditional Use Pena for Upgrades to Cellular Equipment, 1850 Eagle Ridge Drive; and k) Approval of Claims List. a. Approval of November 18, 2014 City Council Minutes b. Approval of November 18, 2014 City Council Workshop Minutes c. Approval of the November 25, 2014 Planning Commission Minutes d. Approval of Personnel Action Report e. Approval of Resolution 2014-73, Vacation of Partition Road Right -of -Way f. Approval of Resolution 2014-80, Accepting Gifts from Wayzata Lions Club and Dakota County MADD Impact Panel g. Approval of Massage Therapist License December 2, 2014 Mendota Heights City Council Page 1 h. Approval of Purchase of Asset Management System i. Approval of Resolution 2014-81, Conditional Use Permit for Upgrades to Cellular Equipment, 1850 Eagle Ridge Drive j. Approval of Resolution 2014-82, Wetlands Permit for Construction of Fence at 2361 Field Stone Ct k. Approval of Claims List 1. Approval of Contractors List Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM D) APPROVAL OF PERSONNEL ACTION REPORT Chief of Police Michael Aschenbrener explained that the Police Department has been going through the process of interviewing officers for promotion to Sergeant. Two officers will be promoted. He announced that Officer Tanner Spicer and Officer Peyton Fleming would be promoted to the position of Sergeant and the swearing in ceremony would take place at the December 16, 2014 Council meeting. Mayor Krebsbach noted that if the budget is approved this evening, an additional officer will be promoted to Sergeant in 2015 and a new patrol officer would be hired. Councilmember Duggan moved to approve the Personnel Action Report. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF RESOLUTION 2014-80, ACCEPTING GIFTS FROM WAYZATA LIONS CLUB AND DAKOTA COUNTY MADD IMPACT PANEL Chief of Police Michael Aschenbrener explained that the City received $1,000 from the Wayzata Lions Club to be used to memorialize Officer Patrick. A donation was also received from the MADD Impact Panel Program in Dakota County in the amount of $3,450 which will be used to replace all Preliminary Breath Testing units in the marked squad cars. Councilmember Duggan moved to adopt RESOLUTION 2014-80, ACCEPTING GIFTS FROM WAYZATA LIONS CLUB AND DAKOTA COUNTY MADD IMPACT PANEL. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 E) APPROVAL OF RESOLUTION 2014-73, VACATION OF PARTITION ROAD RIGHT-OF-WAY Councilmember Duggan noted that, after he spoke with staff, changes were made in the resolution. Mayor Krebsbach further explained that the language in the second WHEREAS now reads "WHEREAS the petition requested by adjacent property owners pursuant . . ." rather than 'requested by the City Council'. December 2, 2014 Mendota Heights City Council Page 2 Councilmember Duggan moved to adopt RESOLUTION 2014-73, VACATION OF PARTITION ROAD RIGHT-OF-WAY as revised. Councilmember Povolny seconded the motion. Mayor Krebsbach noted that there was no opposition to this vacation. She also noted that the resolution states that the City has no purpose for the piece of property being vacated. Ayes: 5 Nays: 0 H) APPROVAL OF PURCHASE OF ASSET MANAGEMENT SYSTEM Councilmember Duggan wanted clarification on what the City would receive in relation to the $51,995. Public Works Director John Mazzitello confirmed that the cost proposed is for the software and for Goodpointe to conduct a full -city pavement assessment. The data would then be loaded into the Asset Management software to help city staff better estimate when projects would be coming due. The sign inventory would be completed by staff this coming summer. The renewal costs would be due at the end of 2015 and is not part of this expense. Councilmember Duggan asked if the sign inventory would be all street signs or just the city owned signs. Mr. Mazzitello replied that these would be any signs the City of Mendota Heights is responsible for. Councilmember Duggan then asked what the $10,000 renewal fee would cover. Mr. Mazzitello replied that the software is going to be hosted and maintained by Goodpointe. The renewal fee is the annual subscription and the cost would be spread across the departments that utilize the software. Mazzitello noted that this is a budgeted item from the Engineering budget. Councilmember Duggan moved to authorizing staff to issue a purchase order to Goodpointe Technology for $51,995 to acquire and implement the Asset Management System and assess pavement condition of city streets. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF RESOLUTION 2014-81, CONDITIONAL USE PERMIT FOR UPGRADES TO CELLULAR EQUIPMENT, 1850 EAGLE RIDGE DRIVE Planner Nolan Wall gave a brief background on a request from T -Mobile for a Conditional Use Permit to upgrade a wireless antenna facility. That upgrade would be to increase the data and call capacity within the existing service area. Councilmembers asked questions pertaining to the purpose of the upgrades. Councilmember Duggan asked if the word 'may' is the correct term to be used in the structural analysis report. Councilmember Petschel suggested this type of request be discussed during the council's goalsetting workshop to see if the process can be streamlined. December 2, 2014 Mendota Heights City Council Page 3 Councilmember Petschel moved to adopt RESOLUTION 2014-81, CONDITIONAL USE PERMIT FOR UPGRADES TO CELLULAR EQUIPMENT, 1850 EAGLE RIDGE DRIVE based on the findings of fact as stated in the resolution, and to review these requirements at the next Council Workshop in 2015. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF CLAIMS LIST Councilmember Duggan noted that the City Hall roof heat cables and supplies came to a total of $17,021 and asked if that was within budget. City Engineer John Mazzitello replied that this invoice did not represent the total project; however, after speaking with the contractor it is anticipated to come in slightly under budget. Councilmember Duggan moved to approve the claims list. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PUBLIC HEARINGS A) WINE AND 3.2% ON -SALE LIQUOR LICENSE, KING AND I THAI, LLC, 760 HIGHWAY 110 City Clerk Lorri Smith explained that this is a public hearing to receive comment on the issuance of a Wine and 3.2% On -Sale Liquor License. The City received an application from Leonard DeMuth, owner of King & I Thai LLC, a new restaurant locating at 760 Highway 110, in Mendota Plaza. The applicant has submitted a complete license application packet and paid the required license and investigation fees. The Police Department conducted an investigation and found no issues or concerns. The applicant has provided a Certificate of Liquor Liability Insurance and the bond is pending; staff anticipates receiving that within two weeks. Per City Code, the City Council can take official action on the licenses at their next meeting. Mayor Krebsbach opened the public hearing on the approval of a Wine and 3.2% On -Sale Liquor License for King & I Thai LLC. No one from the public wished to be heard. Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 December 2, 2014 Mendota Heights City Council Page 4 B.) RESOLUTION 2014-79, APPROVING 2015 PROPERTY TAX LEVY AND BUDGET Mayor Krebsbach explained that the City Council approved the preliminary levy on September 16, 2014 with two workshop meetings prior to that. Finance Director Schabacker then shared an overview of the General Fund expenditures and revenues and the final tax levy being proposed. She explained the 2015 levy is $6,999,974, which is a 6.00% increase over 2014. The 2015 budget for all funds totals $12,301,156. The taxable market value for 2015 is $1,739,147,028, an increase of 5.00% from 2014. The 2015 proposed city tax rate is 34.948 compared to the 2014 tax rate of 34.737. The average residential home value increased approximately 5.15% from 2014. The $475,500 home value in 2014 paid $1,726 in city taxes; that same home in 2015 would have a value of $500,000 and pay approximately $1,823 in city taxes; an approximate increase of 5.6%. The median home value in Mendota Heights in 2015 is $318,300. Included in the 2015 budget is a $65,212 contribution to West St. Paul for ice arena improvements, an increase of $500 per firefighter for the annual city contribution to their pension, the addition of a police sergeant position and the addition of one patrol officer at mid -year. Mayor Krebsbach opened the public hearing on Resolution 2014-79, Approving Final 2014 Tax Levy Collectible in 2015 and Adopting Proposed Budget for 2015. No one from the public wished to be heard. Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to adopt RESOLUTION 2014-79, APPROVING FINAL 2014 TAX LEVY COLLECTIBLE IN 2015 AND ADOPTING PROPOSED BUDGET FOR 2015. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2014-78, SANITARY SEWER UTILITY FEES Public Works Director John Mazzitello explained that this resolution would set the sanitary sewer billing rate for 2015, effective the first quarter, which is billed in April 2015. In 2010, there was a substantial increase to the sewer rate, which helped get the Sanitary Sewer Utility Fund back to a healthy state. Prior to this billing fee increase, the last increase was in 1994. Since 2010 staff has tried to take incremental increases to the sewer billings to avoid falling into a negative fund balance. A 5% rate increase across the board to all billing categories is being proposed for 2015. Currently, the quarterly base rate is $60.75 for the first 15,000 gallons of water consumed and an additional $2.15 for every 750 gallons above that. The proposal is to raise those fees to $63.80 for the first 15,000 gallons of water consumed and an additional $2.25 for every 750 gallons above that. December 2, 2014 Mendota Heights City Council Page 5 If approved, this rate increase would help keep the fund in a positive state and healthy for the future. Engineer Mazzitello pointed out the line labeled MCES Fees for 2015; the $1,161,514 annual fee represents a 12.3% increase over the 2014 fee. This is in large part due to the spring snow melt, the extensive amount of rain received in the spring, and the amount of infiltration and inflow that goes into the sanitary sewer system. Councilmembers also asked questions regarding sump pumps contributing to inflow and how a resident can get their sump pump connected correctly to the stormwater system. Councilmember Duggan moved to adopt Resolution 2014-78, A RESOLUTION AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE 1st QUARTER OF 2015. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2014-83, DENY REQUEST TO ALLOW CHICKENS IN RESIDENTIAL ZONING DISTRICTS Planner Nolan Wall explained that the applicant was seeking a code amendment to allow the keeping of chickens in residential zoning districts. He stated that staff was made aware of chickens on the applicant's property, which is currently a violation of city code. A similar request regarding pigeons was considered in 2012 and ultimately denied by the City Council. The current code contains two definitions for animals: 1. ANIMALS, DOMESTIC: Dogs, cats, birds and other common domestic household pets. 2. ANIMALS, FOOD: Fish, fowl, cattle, swine, sheep and others typically raised for purposes of food consumption, with the exception of bees where specifically allowed by the zoning districts. Based on staff interpretation, chickens are not considered a domestic animal and, therefore are not permitted as an accessory use in residential zoning districts. Planner Wall added that the Code does allow domestic animals as accessory uses in the R-1 zoning district. The standards require that those animals be kept for non-commercial purposes, as well as set -back standards for those structures housing the animals. Past determinations have been made that chickens are more appropriately defined as a food animal, since they are not a common household pet in most urban residential areas, and are typically raised for purposes of food consumption. According to the applicants, the proposed code amendment is intended to permit chickens on residential properties and would be subject to conditions. Planner Wall noted that the proposed code amendment raises two questions: 1. Should the city consider amending the code to allow chickens in residential zoning districts 2. If so, under what conditions should chickens be allowed The Planning Commission heard this application at their November 25, 2014 meeting and recommended denial of the proposed city code amendment to allow chickens in residential zoning districts by a vote of five to zero, with one commissioner being absent. The Planning Commission did pass a motion in favor December 2, 2014 Mendota Heights City Council Page 6 of the City Council making a policy determination on whether or not to consider an amendment to the City Code that would allow chickens in residential zoning districts. Staff recommended approval of Resolution 2014-83 which is in support of denial of the proposed code amendment. A separate motion could be considered regarding further direction to staff in consideration of the proposed use. Comments from the public included Ms. Mary Paquette, 1119 Dodd Road. She stated that she has had her chickens for two years and her neighbors have all been supportive. The only reason a call was made about the chickens was a neighbor was concerned because one of the chickens had gotten out. Chickens getting out are not a common occurrence. She stated that chickens are allowed in West St. Paul, Eagan, St. Paul, and Minneapolis; with South St. Paul being the only neighboring city that does not allow chickens in residential areas. Ms. Paquette also claimed that with the changing of urban landscapes — more and more people are not using chemicals on their lawns but are using other means of preventing yard waste and run-offs from going into the sewer systems — and chickens are a natural extension of that effort. Councilmembers commented on concerns on the possibility of fences required for chickens in some places, the appearances of some coops, the natural predators chickens would bring. By general consent, the Council recommended placing this topic on their 2015 Goal Setting Workshop. After a language question was raised by Councilmember Duggan, City Attorney Tom Lehmann agreed that the phrase "and mitigate potential negative impacts to the surrounding properties" could be removed from the resolution. Councilmember Duggan moved to adopt RESOLUTION 2014-83 DENYING A PROPOSED CITY CODE AMENDMENT TO ALLOW CHICKENS IN RESIDENTIAL ZONING DISTRICTS, as amended. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Council directed staff to include this topic on the 2015 Goal Setting Workshop meeting. COMMUNITY ANNOUNCEMENTS Mayor Krebsbach congratulated Assistant to the City Administrator Tamara Schutta on her upcoming role as Interim City Administrator. Ms. Schutta made the following announcements: • The Mendota Plaza Tree Lighting Ceremony is December 4, 2014 starting at 6:00 p.m. • December 6, 2014 there will be a Tree Lighting Ceremony at Mendota Village beginning at 4:00 p.m. with the tree lighting at 5:00 p.m. • Residents are urged to apply for open Commission positions. There is an opening on the Planning Commission and one opening on the Airport Commission. A new student representative position is being added to the Parks & Recreation Commission. Interested individuals should submit a letter of interest and resume to Ms. Schutta by December 29, 2014. December 2, 2014 Mendota Heights City Council Page 7 • City Hall is a drop off site for Toys for Tots. Residents can drop off toys until December 18, 2014. • A drop off box is available at City Hall for recycling of holiday lights through January 31, 2015. • The winter edition of the Heights Highlights should be in mailboxes soon. Chief of Police Michael Aschenbrener explained how residents can access crime mapping online through the city's website. Residents have access to three years' worth of historical data. Mayor Krebsbach commended the Police Department on the great job they do and noted that the City of Mendota Heights is one of the safest cities in Dakota County. COUNCIL COMMENTS Councilmember Duggan received a call about concerns for low water levels of Rogers Lake. He passed the information on to staff. Duggan noted he was thrilled to see a home in Mendota Heights where they had the beautiful displays for Department 56. Councilmember Petschel noted how lovely Wagon Wheel Trail was while driving down it this evening with all of the Christmas lights. The City is looking absolutely beautiful. Mayor Krebsbach announced that there will be a reception for departing City Administrator Justin Miller and his family on Tuesday, December 16, at 6:00 p.m. at City Hall. She noted that she was invited to the Mini Mites Hockey Game on Saturday, November 29 and she was honored to receive a puck from one of the Mini Mites. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8.28 p.m. ATTEST: Lorri Smith City Clerk Sandra Krebsbach Mayor December 2, 2014 Mendota Heights City Council Page 8