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2012-03-06 City Council minutesMendota Heights City Council March 6, 2012 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 2012 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 Vitelli. 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 Vitelli 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 F) Traffic Safety Committee Recommendations and G) Acknowledgement of February Building Activity Report a. Acknowledgement of February 21, 2012 City Council Minutes Mayor Krebsbach noted that the minutes sent in the council packet have been replaced with the minutes at each Councilmember’s seat. Councilmember Duggan moved to approve the replaced minutes. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 b. Acknowledgement of February 15, 2012 Airport Relations Commission Minutes c. Sign Permit – 1897 Delaware Avenue (Henry Sibley High School) Mayor Krebsbach noted that the documents sent in the council packet have been replaced with documents at each Councilmember’s seat as the square footage of the sign was incorrect and should be 243.75 square feet. d. Adoption of Dakota County All Hazard Mitigation Plan Mendota Heights City Council March 6, 2012 Page 2 e. 2012 Parks and Recreation Contracts f. Traffic Safety Committee Recommendations g. Acknowledgement of February Building Activity Report h. Authorization to Begin Par 3 Hiring and Recruitment Process i. Approve the Contractors List j. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA TOPICS F) TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS Public Works Director / City Engineer John Mazzitello commented that the Traffic Safety Committee met on February 21, 2012 to discuss issues brought forward by residents pertaining to traffic issues, pedestrian safety, and things of that nature. The committee heard three new issues; the first being a request from a resident on James Road to change the existing yield signs at James and Douglas to a four- way stop. After speaking with the requesting resident, she came to the conclusion that changing the yields to stop signs to make them a two-way stop would be acceptable. Prior to the committee meeting the Police Department took photos of the intersection from varying distances traveling westbound on Douglas Road. The site distance to the intersection is questionable and the yield sign is difficult to see so the Public Works Department trimmed some trees in the right-of- way to make the yield sign more visible. The resident was at the committee meeting with her daughters, who are in a Brownie Troop. The Brownie Troop circulated petitions up and down James and Douglas and gathered a number of signatures in favor of changing the signs to stop signs. After hearing a number of the residents talk about what the issue is, the Traffic Safety Committee recommends the following actions prior to making any decision about changing the signs. • Public Works crew or contractor can trim the trees along the right-of-way to increase the sight distance to the intersection • The Engineering Department can compare the design stopping distance for the speed limit with the sight distance to the intersection and if there is not enough stopping distance that would be a sign of the root cause of the problem and perhaps they can set another yield sign on the other side of the intersection so drivers approaching James would be able to see it better • The Police Department will provide some targeted enforcement and observation at the intersection • Utilize the newly acquired speed cart to do some traffic monitoring and speed counts and revisit this issue at the next Traffic Safety Committee meeting. The Traffic Safety Committee is comprised of City Engineer John Mazzitello, Police Chief Michael Aschenbrener, Fire Chief John Maczko, Councilmember Vitelli, Planning Commissioner Litton Field, and Public Works Superintendent Tom Olund. A resident on Sylvandale Court brought the second issue forward and the original request had to do with sidewalks in the neighborhood. After discussing the issues with the resident it really boils down to a pedestrian versus vehicle traffic issue along Sylvandale Road and a concern for speed on Sylvandale. After hearing the issue, the Traffic Safety Committee discussed some potential alternatives, briefly Mendota Heights City Council March 6, 2012 Page 3 bringing up a striped pedestrian lane on Sylvandale to separate pedestrians from traffic but quickly came to the conclusion that would be in conflict with on-street parking. The Traffic Safety Committee recommends that the traffic counts and speed be monitored using the speed cart and then checking sight distances for the potential of installing a cautionary curve sign if the curves or the hills obstruct sight distance down Sylvandale and then revisit the findings at the next committee meeting. A resident at Lake Drive and Dodd Road brought forward the third issue requesting prohibition of left turns from eastbound Lake Drive to northbound Dodd Road, as well as from northbound Dodd Road to westbound Lake Drive. The intersection has some limited sight distance when sitting at Lake Drive facing east and looking to the south; and automobiles turning left onto Lake Drive from northbound Dodd; there is no bypass lane for other drivers to go around. Prior to the committee meeting, City Engineer Mazzitello contacted MnDOT, who controls the intersection since it is a State Trunk Highway, and they replied that since there was no documented accident history and no statistics identifying it as a safety concern they would not support putting No Left Turns for those two turning movements. However, they would support an intersection reconstruction project to add a by-pass lane to Dodd Road and to lower the grade of Dodd Road south of Lake Drive. This would have to be totally at the city’s expense. Without going into massive detailed cost estimate, using no thumbnail line item costs, City Engineer Mazzitello estimated that this street improvement would be a minimum cost of $400,000. Because of the cost and because of MnDOT’s recommendation against the No Left Turns, the Traffic Safety Committee recommends that the City Council not pursue an intersection reconstruction project at this time, due largely to the cost and lack of accident history, and that no further action be taken at this intersection at this time. Councilmembers asked questions in regards to: • Cost estimate of the bypass lane and were informed that the estimate includes the MnDOT recommendation of lowering the grade on Dodd Road • Whether it is customary for a city to be charged for improvements to a state highway and were told that if it is the city making the request for improvement and it is not deemed a high enough priority by the state agency the city gets the bill Councilmember Petschel, now that the speed cart has arrived, shared a list of areas that she has been keeping track of where residents have requested traffic monitoring. Mayor Krebsbach requested that Chief Aschenbrener provide the council with an update on the speed cart usage in a month or six weeks. Councilmember Vitelli moved to approve the Traffic Safety Committee Recommendations. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 G) ACKNOWLEDGEMENT OF FEBRUARY BUILDING ACTIVITY REPORT Councilmember Duggan noted that the interest in, and valuation of, the City of Mendota Heights is being well maintained and gave credit to things that the council, commissions, police and fire Mendota Heights City Council March 6, 2012 Page 4 departments, and staff have done to keep the city attractive to all those who are looking for places to do business in a metropolitan area. Councilmember Duggan moved to acknowledge the February Building Activity Report Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Tim Carlson, 2319 Swan Drive; and Mr. Doug Hennes, 2351 Swan Drive introduced the Rogers Lake Property Owners Association. There are seven board members currently; three from Swan Court, three from Swan Drive, and one from Wagon Wheel Trail; with thirty-seven homeowners and four institutions that front the lake. They have applied for IRS tax exemption, have created a Mission Statement, plan to establish dues and use those funds to help pay for things like herbicide treatment of weeds in the lake, educational projects, etc. Fire Chief John Maczko introduced Captain Scott Goldenstein who gave a report on the benefit held last weekend for Mendota Heights Firefighter Hayley Bester. Captain Goldenstein stated that the event raised $22,000 mainly due to donations and efforts from a number of people. Captain Goldenstein expressed appreciation to the City Council, Mayor Krebsbach, friends and family of Hayley, neighboring fire departments that covered so the local fire department members could attend and help at the event, local businesses and individuals for their donations to the silent auction, the generous attendees, the media, and Rooster’s Barbeque who coordinated all of the food preparation. Ms. Hayley Bester expressed her heartfelt gratitude to the Council and the community for everything that was done for her. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2012-05; ADOPTION OF “RESOLUTION APPROVING A FOUR FOOT VARIANCE TO THE FRONT YARD SETBACK AT 2225 APACHE STREET” Assistant to the City Administrator Jake Sedlacek explained that this is a request on Apache Street to have a four-foot variance to the front yard setback. The applicant is hoping to construct a dining room on the front of their home. This matter was heard at the February 27, 2012 Planning Commission meeting where Planner Grittman provided the outlines to it with a typical variance. The Planning Commission had a few questions for the applicant to verify that they had checked all of the alternatives and that the variance was really necessary to include that. One of the Councilmembers raised a question and the applicant has now provided a better floor plan of the house, which Mr. Sedlacek shared. There were no comments at the public hearing and after a brief discussion, the Planning Commission went along with the Planner’s recommendation, provided his findings, and made a recommendation for approval of the application. Councilmember Duggan asked if the string rule had applied. Mr. Sedlacek pointed out the line on the drawing that takes into consideration the new string rule application. Mendota Heights City Council March 6, 2012 Page 5 Councilmember Vitelli moved adoption of “Resolution Approving a Four Foot Variance to the Front Yard Setback at 2225 Apache Street” Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) PLANNING CASE 2012-06; ADOPTION OF “RESOLUTION APPROVING VARIANCES FOR WALL SIGNS AT 949 MENDOTA HEIGHTS ROAD” – ST. THOMAS ACADEMY Assistant to the City Administrator Jake Sedlacek explained that this is a request for variances for wall signs. When this application initially came in the applicant submitted an application for a Conditional Use Permit for the expansion of the school of St. Thomas and then also a variance for the signs. Upon further review, staff realized that the conditional use permit is not actually necessary as a school is a permitted use in the residential zone. So the applicant, not needing to meet the Conditional Use Permit standards, is seeking a variance for the wall signs. The applicant has three signs they are looking at. Mr. Sedlacek shared a site plan to get a perspective of where the signs would be. The Planning Commission discussed the request at their last meeting on February 27, 2012 and the questions raised were regarding the colors of the building. In the staff report, there was a recommendation that the logo for St. Thomas be made the same size as the logo, which was recently approved, for Henry Sibley. After some discussion with the Planner, the Planning Commission decided they were willing to recommend approval of the sign package as proposed. One of their findings was that, with Henry Sibley the sign was smaller but that was at their request and not by staff recommendation. The Planning Commission felt they should treat these two applications similarly. The other question the Planning Commission discussed was whether or not a variance was the right tool for this application. The Planner does not anticipate this coming too often. There was one comment at the public hearing, which was in favor of the sign as proposed. The Planning Commission did recommend approval of the sign as proposed with the findings recommended by the Planner. Mayor Krebsbach mentioned that both schools are in residential areas, but there are also churches and several different institutional residences in Mendota Heights so the signage is important. Commissioners asked the design builder for St. Thomas Academy a question regarding uniformity of the signs that replied that the signs would be uniform in font, color, and letter size. It was also noted that there would be no illumination of the signs. Councilmember Duggan expressed opinion that there should be an ordinance created for institutional signage in a residential area. He also expressed his being uncomfortable with the comparison of applications being approved based on what was previously approved on another. Each application was measured based on what was in the application, the area, and the location. Decisions are based on the standards that are there and not against a decision made in the past. Planner Stephen Grittman, in regards to an ordinance being created, stated that he could prepare a separate section of the sign ordinance that deals with institutional signage in a residential area. Councilmember Vitelli said that he would not be in support of the Planner and the Council spending time drafting an ordinance. He believes that signage is very vague and that the Council has dealt Mendota Heights City Council March 6, 2012 Page 6 appropriately with three issues in the past year or more. Councilmember Petschel echoed Councilmember Vitelli’s comments. Councilmember Povolny believes it is a case-by-case deal and not worth doing an ordinance change or addition. Councilmember Petschel moved to adopt “Resolution Approving Variances for Wall Signs at 949 Mendota Heights Road” – St. Thomas Academy Councilmember Vitelli seconded the motion. Councilmember Duggan suggested that Item 1 in the resolution be changed to “. . . read residentially permitted signs from the street.” Ayes: 5 Nays: 0 C) EXTENSION OF CONDITIONAL USE PERMIT FOR AIR-SUPPORTED STRUCTURE AT 949 MENDOTA HEIGHTS ROAD – ST. THOMAS ACADEMY Assistant to the City Administrator Jake Sedlacek stated that in 2004 St. Thomas Academy requested a Conditional Use Permit for a temporary structure, an inflatable field house, while they raised funds for a permanent field house. It was originally granted for a six-year time period. In 2009, St. Thomas Academy recognized that they were going to need further work on the fund raising and at that point it was agreed to have one-year extensions for the Conditional Use Permit for the temporary structure. St. Thomas Academy is anticipating starting construction on the new field house in 2012 but recognizes the fact that it may not be complete by the time their current Conditional Use Permit expires, so they are requesting one additional year. Staff is comfortable with the request that is being made but it is up to the City Council to determine if they would like to extend this one additional year. Representatives from St. Thomas Academy were present and answered questions from the Council clarifying that this is the last extension request, they shared an update on the fund raising efforts, and why the air-supported structure would be taken down. Councilmember Duggan moved to approve the Extension of Conditional Use Permit for Air-Supported Structure at 949 Mendota Heights Road – St. Thomas Academy, with two small changes: • The last whereas; “. . . and intend[s] to break ground on the new field house in 2012” • The #1; “. . . St. Thomas Academy provide[d] documentation outlining the use of their supported structure” Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 D) COMMERCIAL PROPERTY MAINTENANCE CODE Planner Stephen Grittman explained this is the second draft of the Commercial/Industrial Property Maintenance Code. The process would involve taking it to a public hearing with the Planning Commission. Council previously indicated they would like for the industrial community to be notified of that hearing, which is part of staff’s process. After the public hearing it would come back to council for consideration of formal adoption, potentially at the first meeting in May. The draft before the Council responded to some of the questions and comments Council made and most of them were Mendota Heights City Council March 6, 2012 Page 7 clarifying in nature but a couple of them were substantive. Planner Grittman reviewed the substantive changes and the reasons for them. Questions were asked by the Council in regards that these changes apply to everyone in the commercial /industrial district — current and future, the addition of language clarifying `siding material' as opposed to an artistic attempt at making it look like siding, ground cover and landscape maintenance, grading, inspection of private properties, and various other language details. Councilmember Petschel moved to approve the Commercial Property Maintenance Code subject to the changes suggested. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Petschel commented that Mendota Heights is in the Minneapolis /St. Paul Magazine this month on page 41, and they have identified The Village as a `destination' and encouraged others to read the article, as it is complementary to the City of Mendota Heights. Last week, Councilmember Petschel went to the Section 32AA Swimming and Diving Championship and had the pleasure of watching a Sibley High School student, Michael Post, finish second in the section and he acquitted himself quite well at state. Councilmember Petschel also commented on the beautifully clear sky with Venus and Saturn in the western sky and an almost full moon in the eastern sky. Councilmember Povolny wished St. Thomas Academy good luck in the hockey tournament. Councilmember Duggan commended St. Thomas Academy for raising seven tons of food to distribute and one of the elementary schools raised over $4,000 for the poor. He also recognized all of the members of the community who attended and participated in the event for Firefighter Hayley Bester — it was a testament to this wonderful community. Flkyljl•� Mayor Krebsbach adjourned the meeting at 8:18 Krebs