Loading...
2012-04-03 City Council minutesMendota Heights City Council April 3, 2012 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 3, 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 with the addition of 5.K.a. 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 C) Acceptance of Resignation of City Clerk Sandie Thone and Designation of Acting City Clerk; E) Approval of Letter to Legislative Delegation Concerning Vacation of Old Sibley Memorial Highway; G) Adoption of Mendota Heights Emergency Operations Plan; K) Par 3 Temporary Seasonal Hires and 5a) Par 3 Recent Hire a. Acknowledgement of March 20, 2012 City Council Minutes b. Acknowledgement of March 14, 2012 Airport Relations Commission Minutes c. Acceptance of Resignation of City Clerk Sandie Thone and Designation of Acting City Clerk d. Approval to Begin Recruitment Process for City Clerk e. Approval of Letter to Legislative Delegation Concerning Vacation of Old Sibley Memorial Highway f. 2012 Pilot Knob Management Contract g. Adoption of Mendota Heights Emergency Operations Plan h. Temporary/Special Event Liquor License – Beth Jacob Congregation Mendota Heights City Council April 3, 2012 Page 2 i. Resolution Approving Data Practices Officials j. Approve Hiring of Engineering Intern k. Par 3 Temporary Seasonal Hires a. Par 3 Recent Hire l. Approval of Plans and Specifications and Authorization to Advertise for Bids for Marie Avenue Rehabilitation m. March 2012 Building Activity Report n. Approval of February 2012 Treasurer’s Report o. Approve the Contractors List p. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 C) ACCEPTANCE OF RESIGNATION OF CITY CLERK SANDIE THONE AND DESIGNATION OF ACTING CITY CLERK Mayor Krebsbach regretfully accepted the resignation of City Clerk Sandie Thone. Ms. Thone has done an outstanding job and has been with the city for eight years in different positions and has been Senior Clerk since 2010. Ms. Thone explained that she has accepted a position as the City Clerk for Lake Elmo and begins on April 16, 2012. Councilmember Duggan moved to recognize Sandie Thone for the great work that she has done, not just here as City Clerk, but also in the Police Department and the Utility Building Department. She has been a bright and vibrant asset to the community over the years. She started to come into full blo ssom as a city clerk engineering a lot of the various materials from different organizations that the Council gets to attend. Mayor Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to accept the resignation of City Clerk Sandie Thone. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 E) APPROVAL OF LETTER TO LEGISLATIVE DELEGATION CONCERNING VACATION OF OLD SIBLEY MEMORIAL HIGHWAY Public Works Director John Mazzitello explained that late last year, the Department of Tra nsportation began holding meetings regarding the future of Old Sibley Memorial Highway. This would not be Highway 13, but the piece of road that runs from St. Peters on the north, down through Fort Snelling State Park to the Big Rivers Trailhead at Mendota Heights Road. Mendota Heights City Council April 3, 2012 Page 3 According to the Department of Transportation this right-of-way is redundant with Highway 13 and they have to give it up to some other entity. Included in the discussions are the Department of Natural Resources, National Parks Service, Dakota County, the Cities of Mendota Heights, Mendota, and Lilydale. They are developing some concept plans as to what will happen with the highway, nothing is final, and meetings are ongoing. The letter before the Council outlined some of the City’s concerns with respect to public safety access, as well as public enjoyment of the park, and maintenance responsibilities for this stretch of highway. Councilmember Duggan asked for a view of a map showing exactly where this stretch of highway is. Mayor Krebsbach explained that City Administrator Justin Miller and she visited with the city’s legislative delegation in January and referred to this particular item as well. This letter would be a reinforcement of that conversation. Mr. Mazzitello shared an aerial photograph, produced by MnDOT, that showed where the highway runs. Councilmember Duggan asked if the city took on this responsibility, what would be the impact financially to the two businesses for road reconstruction, etc. Mr. Mazzitello replied that the plans at this point are extremely preliminary and it is unknown if there would be any improvements or alterations to the road. Councilmember Duggan asked if there is another access point for trucks going to and coming from the two businesses. Mr. Mazzitello answered that there are no other access points. MnDOT is taking the lead in communicating with these businesses. Councilmember Duggan suggested that staff reach out to these two businesses and invite them to come in and share their concerns or issues in relation to what could happen in the future. Mr. Mazzitello stated that he and City Administrator Miller could do that. Councilmember Vitelli asked if the plans included blocking off one end of the highway. Mr. Mazzitello replied that at this point in time it is unknown what would be done. One of the many ideas being discussed would be potentially putting in a cul-de-sac north of the two businesses and closing the rest of the road. However, this is not a final decision. Councilmember Petschel asked if there is access from Old Sibley Memorial Highway to the park just beneath it, the overlook area. Mr. Mazzitello replied that the trailhead overlook is just off of the intersection with Mendota Heights Road, south of the two businesses. If access were maintained to the two business properties, access to the trailhead would be maintained as well. Mayor Krebsbach asked Mr. Mazzitello to explain the city’s position; is it to keep the road open and that the state should continue to own and maintain it. Mr. Mazzitello stated that, for a number of reasons, the city’s position is to request that the road access remain open from Highway 13 on the north to Highway 13 on the south for the following reasons: Mendota Heights City Council April 3, 2012 Page 4 1. For public safety access. This area falls under the City of Mendota Heights jurisdiction for Police and Fire protection. 2. Access to the businesses, including a maintenance access point for Acacia Cemetery 3. Cost of road maintenance Additional questions were asked and discussions were had by Councilmembers in regard to the current condition of the road, location and size of a potential cul-de-sac, options being considered in the discussions, active involvement of the City in these discussions rather than waiting to be informed of the decision, public safety issues, and access to the park that the city is expected to come to the aid of in case of an emergency. Councilmember Duggan moved Approval of Letter to Legislative Delegation Concerning Vacation of Old Sibley Memorial Highway with the changes and additions proposed. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 G) ADOPTION OF MENDOTA HEIGHTS EMERGENCY OPERATIONS PLAN Mayor Krebsbach asked Chief of Police Michael Aschenbrener to provide an overview on the Emergency Operations Plan. Chief Aschenbrener explained that the majority of the Emergency Operations Plan is reviewed annually. A major annex has been added since he has been with the city and the resource list has been updated on a continual basis. The outline includes the ten major areas that are required, both the County and the State emergency managers have approved it, and it has all of the seventeen annexes. These seventeen annexes would be pared down over the next year to match the federal fifteen annexes for support services. This plan, if adopted, would be downloaded into all of the computers in the squads and at the fire station. Chief Aschenbrener also explained that the workshop completed for the council last year would be repeated jointly for the Mendota City Council and the Lilydale City Council, at Lilydale City Hall, the second Monday in May at 2:00 p.m. Councilmember Duggan moved Adoption of Mendota Heights Emergency Operations Plan. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 K) PAR 3 TEMPORARY SEASONAL HIRES AND 5a) PAR 3 RECENT HIRE Assistant to the City Administrator Jake Sedlacek stated that at the last council meeting, staff was authorized to go through the hiring process for employees to work the clubhouse at the Mendota Heights Par 3. A list of individuals who were interviewed and offered positions, pending Councils approval, had been provided prior this meeting. Mendota Heights City Council April 3, 2012 Page 5 Mayor Krebsbach stated that the memo received named the potential clubhouse member but a background check would still need to be completed. City Administrator Justin Miller confirmed and explained that staff is asking for approval of these hires pending the successful background checks by Human Resources. Councilmember Duggan moved Adoption of Par 3 Temporary Seasonal Hires and Par 3 Recent Hire Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PUBLIC HEARINGS A) SOUTH METRO HUMAN SERVICES HOST CITY APPROVAL City Administrator Justin Miller explained that South Metro Human Services is looking to issue some conduit debt through the City of Little Canada; much like Mendota Heights has issued conduit debt for agencies here. They are a human services provider that, in some cities, also has single -family homes where they provide that type of use and they do have one of those here in Mendota Heights. When they are going through this conduit financing they are also trying to refinance the existing mortgages on those homes throughout the metropolitan area. State statutes say that in order for the City of Little Canada to provide that conduit financing, that the host cities where those establishments are also need to have a public hearing approving that issuance. Mendota Heights is not issuing conduit debt and there are no obligations from the City of Mendota Heights. It is a requirement that a public hearing be held and then, possibly, approval of the resolution. Councilmember Duggan moved to close the public hearing. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to approve the Resolution Giving Host Approval to the Issuance of Refunding Revenue Community Services Bonds (South Metro Human Services Project). Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS A) RENEWAL OF CONDITIONAL USE PERMIT FOR LINDER’S FLOWER MART; 750 HIGHWAY 110 Assistant to the City Administrator Jake Sedlacek explained that the City has received a request from Linder’s to renew their conditional use permit, which was issued last year. Linder’s has been located at the Mendota Plaza Shopping Center for some number of years; however, in 2010 when there was the Mendota Heights City Council April 3, 2012 Page 6 redevelopment of the site they were not in a relationship with Mendota Plaza. Last year, when they came back to renew staff had them go through a new conditional use permit process. Last year was a successful year for Linder’s and they are asking to do everything the same as they have in years past, with one exception. Linder’s is seeking to keep this garden center open until October 31, 2012 as opposed to early or mid July as in the past. They are proposing the same location as last year. Councilmember Petschel asked, out of curiosity, why they are requesting to stay open longer. Caio Cella, representing Linder’s, replied that they are going to try a different product line, fresh crop of product for August, September, and October. Examples of those products would be Mums, Halloween decorations, etc. Councilmember Duggan asked for confirmation that the fencing used in the past would be the same this year. Sedlacek replied that the proposal is for the same fencing. Councilmembers asked additional questions regarding the extended timeframe, whether Paster Enterprises, Inc. is in favor of this event, whether there should be any limitations put on the products, and a request for Linder’s to return at the end of October and give a report on the success or failure of the extended timeframe. Councilmember Duggan moved to Approve the Renewal of Conditional Use Permit for Linder’s Flower Mart, 750 Highway 110 with the change of the added language of the split-rail fence at item 6. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 B) PLANNING CASE 2012-03; ZONING AMENDMENT, ACCESSORY STRUCTURES Assistant to the City Administrator Jake Sedlacek explained that this was a request from the City of Mendota Heights, which was started by the Planning Commission in response to a request received from the Convent of Visitation for an accessory structure. At that time, the Planning Commission felt that there might be some allowance for accessory structures, which would be appropriate for large lots that are not used for residential purposes in Mendota Heights. The amendment before the Council took the existing language on accessory structures and created an exception for residential lots that would be 4- acres or greater in size and not used for residential purposes. In those specific circumstances, applicants could ask for accessory structure with a total area of one-half of one-percent of their total lot area. This would take what would have been a variance for more than two accessory structures and would be a variance for a total area and would allow for conditional uses of that. Applicants would still come to the city and request permission for accessory structures and would need to show how it fits with the character of the area, what the total size would be, and how it would be finished to fit in with the use of the lot. The existing lots that would be impacted by this change are the golf courses and the schools. A church use would also qualify for this but staff was not aware of any lots that have churches that are greater than 4-acres in size. Mendota Heights City Council April 3, 2012 Page 7 This public hearing was held in January 2012. It was a matter of scheduling that this was not brought before the Council. The Planning Commission did recommend approval as proposed by the Planner and the Council had the proposed language in an ordinance format. If Council would like to make changes, staff’s preference would be to bring those changes back at a future date, or otherwise, if approved, it would become effective upon publication. Councilmember Duggan asked a question regarding the wording in 3b. Discussions on the thirty-foot setback for residential properties not used for residential purposes were had. Mayor Krebsbach stated that she believes that would need to be reviewed one more time. Councilmember Petschel suggested that the siting of the principal building be looked at and come up with language that would allow for accessory structures somehow dependent on the siting of the principal building. Councilmembers asked for drawings to see what these properties might look like so they have a sense of what they are approving. Mayor Krebsbach commended the Planning Commission for their work on this proposal. However, Council requested more information in terms of the sites with the current setbacks of the buildings and then they would want to see what thirty feet would be. It was determined that this topic would be brought back to the Council at their first meeting in May, with the requested additional information. C) PLANNING CASE 2012-09; SOMMERVOLD WETLANDS PERMIT Assistant to the City Administrator Jake Sedlacek explained this is a request for wetlands permit because a pool proposed to be installed in the back yard would be within one hundred feet of a wetland area. Staff has been provided with a concept plan that shows the impact upon the wetland. The parcel has an existing fence, which is currently in conformance. As a part of the pool requirements they would need to replace that fence and it is the owner’s intent to replace that fence in the current location. Outside of the fence area there are approximately thirty feet of natural vegetation and the applicant is hoping to keep that in place just as it is. They would be maintaining the existing landscaping anywhere from fifty to sixty-five feet. With this wetland permit the city is getting a promise from the applicant that when they come forward with their building permit for the pool, that it would not be closer to the wetland than shown in the concept plan. Anything inside of that, staff felt comfortable that the owner could make modifications to this plan and as long as staff is assured that the natural vegetative area, and the distance to the wetland area from the impervious area are not increased. The Planning Commission held on a hearing on this last week, there was no one to speak on the project in attendance, and the Planning Commission did recommend approval with some findings of fact. Mayor Krebsbach asked if a letter was sent or was it noticed in the newspaper. Assistant City Administrator Sedlacek replied that on this particular application, the notice went in the legal notices but the letter was not sent to property owners 350 feet from the parcel, which is the common practice. This Mendota Heights City Council April 3, 2012 Page 8 was an oversight by staff but it does not invalidate the public hearing process because the public notice was in the legal newspaper. Mayor Krebsbach recommended that the standard process of noticing the property owners be followed. She is aware that the legal finding in terms of being in the Southwest Review but she would not expect residents to have to be watching that to see if there is going to be a wetlands permit in there that affects their neighborhood. Her preference is that the neighbors be alerted so they are made aware. Councilmember Duggan commented that he spoke with City Engineer John Mazzitello about the distance of the conceptual pool to the three-season porch, which measures seven and one-half feet and code calls for a minimum of ten feet. Assistant City Administrator Sedlacek replied that this concern was relayed to him, which was why he explained that the drawing is conceptual. The distance o f the conceptual pool from the wetlands cannot be changed; however, it is understood that the distance between the porch and the pool most likely would change. In terms of the wetlands permit, the city is looking at the maximum impact to the wetlands regardless of how the applicant makes it meet the code. Councilmember Petschel stated that it is her understanding that the owner would like to have the wetland permit in place before spending a lot of time and effort in finalizing a plan for the pool. The owner is putting a line down saying that the pool would not exceed beyond that point into the wetlands area, but the plans for the pool in the area between the home and the line could change. However, that would have no impact on the wetlands area or permit. Assistant City Administrator Sedlacek confirmed. Mayor Krebsbach reiterated her suggestion that a letter is sent to property owners within 350 feet of the applicant, which is customary, and then this be brought back at a later meeting. Councilmember Petschel asked if the neighbors would receive notification when the building permit request was submitted. The answer was no, they would not be informed. Councilmember Vitelli commented that he did not understand why the neighbors needed to be informed at all because they would not be informed if the pool were not near a wetlands area. The applicant would only need to obtain a building permit. It was explained that an encroachment into a wetland area, which is anything closer than one hundred feet, does affect the neighbors and it has been the city’s practice to inform them of a public hearing in situations like this. It did not happen in this case. Councilmember Duggan expressed his opinion that this was a minor error and he would not want the applicant to wait an extra amount of time for notices to be sent out. Councilmember Petschel stated that she would be more concerned if there were not already an existing fence that would be replicated. Since there is already a fence, there would be no affect on the neighbors. Mayor Krebsbach explained that her concern is that the Council is anticipating what the neighbors might feel. These residents would not have the benefit of the same process that has been and would be followed elsewhere. Mendota Heights City Council April 3, 2012 Page 9 Councilmember Duggan moved to Adopt Planning Case 2012-09, Sommervold Wetlands Permit. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 1 (Mayor Krebsbach on the basis that the full process was not followed) COUNCIL COMMENTS Councilmember Duggan expressed his best wishes for the holiday. Councilmember Povolny expressed his appreciation to City Clerk Sandie Thone. Councilmember Vitelli also expressed his appreciation to City Clerk Sandie Thone and recognized the improvements made to the hallway and the lobby area, which were her idea. Councilmember Vitelli also mentioned that the first monthly meeting on the golf course took place and everything appears to be in order. Councilmember Petschel shared a book written by a resident, Jack Lambert, titled Troubled Waters, Thirty Years in the River Business. She believes this is an extraordinary book as it has the best stories in it about the early toll-boat days on the Mississippi River and on the Minnesota River. She also mentioned that, with the assistance of Chief of Police Michael Aschenbrener and Former Police Officer Michael Thompson, she has been accepted into the Citizens FBI Academy. She will share her experiences. Mayor Krebsbach expressed her appreciation to Town Square Television for covering the State of the City. She also thanked City Administrator Justin Miller and Assistant City Administrator Jake Sedlacek for preparation on the PowerPoint presentation. She also acknowledged a letter she received from Girl Scout Troop 55521. They are going to donate some trees to be planted on Delaware and Mendota Road. CLOSED SESSION TO DISCUSS ONGOING LITIGATION WITH SCOTT AND PHYLLIS MILLER Mayor Krebsbach stated that, pursuant to Minnesota Statute 13.d.03, council is going into closed session to discuss ongoing litigation associated with the Scott and Phyllis Miller assessment appeal. Councilmember Duggan moved to adjourn to Closed Session to Discuss Ongoing Litigation Associated with the Scott and Phyllis Miller Assessment Appeal. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council April 3, 2012 Page 10 Present at the closed session to discuss an assessment appeal were Mayor Krebsbach, Councilmembers Duggan, Povolny, Petschel and Vitelli, City Administrator Miller, Public Works Director Mazzitello, and City Attorney William Bernard, ADJOURN Mayor Krebsbach adjourned the meeting at 8:52 p.m. ATTEST: Justin Miller Acting City Cleric mayor