Loading...
2015-01-06 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 6, 2015 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. OATH OF OFFICE MAYOR SANDRA KREBSBACH AND COUNCILMEMBERS ULTAN DUGGAN AND LIZ PETSCHEL Interim City Administrator Tamara Schutta issued the Oath of Office to re-elected Mayor Sandra Krebsbach, Councilmember Ultan Duggan, and Councilmember Liz Petschel. ROLL CALL The following members were present: Mayor Krebsbach, Councilmerbers 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 Duggan moved adoption of the agenda. Councilmember Povolny 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 Resolution 2015-01, Approval of 2015 Fee Schedule; k) Approval of Resolution 2015-08, Ice Arena Joint Powers Agreement; o) Approval of Change Order for Sibley Memorial Highway Trail Rehabilitation Project; and q) Approval of Claims List. January 6, 2015 Mendota Heights City Council Page 1 a. Approval of December 16, 2014 City Council Minutes b. Acknowledgement of December 13, 2014 Planning Commission Minutes c. Designation of Official Newspaper [Lillie Suburban Newspaper] d. Approval of Resolution 2015-01, Approval of 2015 Fee Schedule e. Approval of Resolution 2015-06, and 2015-07, Financial Administrative Items f. Approval of Personnel Action Report g. Approval of Open -to -Business Joint Powers Agreement Renewal h. Approval of Dakota County Drug Task Force (DCDTF) Joint Powers Agreement Renewal i. Approval of Jani-King Contract j. Appointment of Representative to Dakota County Domestic Preparedness Committee k. Approval of Resolution 2015-08, Ice Arena Joint Powers Agreement 1. Approval of Resolution 2015-04, Acknowledging Gift from Larry Richter and Ilse DeWolf-Richter m. Approve Purchase of Vehicle n. Approval of Resolution 2015-09, Final Payment for Hunter & Orchard Neighborhood Improvements o. Approval of Change Order for Sibley Memorial Highway Trail Rehabilitation Project p. Approval of Amendment to Lease at 1196 Northland Drive q. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM D) APPROVAL OF RESOLUTION 2015-01, APPROVAL OF 2015 FEE SCHEDULE Councilmember Duggan asked when was the last time changes were made to the fee schedule. Interim City Administrator Tamara Schutta replied that staff reviews the fee schedule annually and the last time it was approved by the City Council was on January 7, 2014. Councilmember Duggan then noted that a significant increase is proposed for Mechanical Alteration or Replace in the Building Permit section. City Engineer John Mazzitello replied that with the staff change in the Building Codes department, staff has reviewed the fees being charged. The proposed increases or decreases in some of the fees are a reflection of the amount of staff time that is spent doing inspections. It was staff's intention to revise the fee schedule to bring it more up-to-date with Minnesota Building Code standards, and to also provide a simplification of fees. Councilmember Duggan also asked if a reduction in some of the fees would impact the city's budget. Engineer Mazzitello replied that there would not be any substantial impact on the budget. Mayor Krebsbach requested that in the future when there is change of this magnitude, that it be discussed in more detail at a Council Workshop or at a budget meeting. Councilmember Duggan asked if the baseball, softball, and soccer reservation fees are refundable. Administrator Schutta replied that there is a refund policy that staff follows. However, most of the time the city will work with the tournament venue to reschedule the event. Councilmember Petschel noted that the $15 increase in the soccer field reservations fee would not necessarily cover the costs at Kensington Field. When there is a soccer tournament at that field, parking is an issue. She requested that the Council look at this issue to find a viable solution. January 6, 2015 Mendota Heights City Council Page 2 Mayor Krebsbach asked what the field reservation fees are used for. Finance Director Kristen Schabacker replied that there is a line item in the budget for park reservation fees and it goes into the general fund. It is not directly applied towards the public works budget. The revenue received is approximately $5,000 to $8,000 per year, depending on the number of reservations. Councilmember Duggan moved to adopt Resolution 2015-01 Revising the Schedule of Fees for Services, to be effective February 1, 2015. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF RESOLUTION 2015-08, ICE ARENA JOINT POWERS AGREEMENT Interim City Administrator Schutta reviewed the proposed agreement with the City of West St. Paul and ISD 197. She explained that this past fall, the Council authorized a commitment of $555,333.00 towards the renovation and refurbishment of the West St. Paul Ice Arena (John V Hoene Ice Arena), with one half of the amount to be paid in 2015, and one half of the amount to be paid in 2019. The arena is in need of repairs, upgrades, replacement of the refrigeration system and an extensive renovation. Mayor Krebsbach noted that a question had been raised about Section 4.5 Change Orders increasing the cost of the project. City Attorney Lehmann clarified that the City of Mendota Heights would need to approve any change order that increases their commitment. Mayor Krebsbach also referred to the section of the agreement that outlined the payments. The City's levy for 2015 does include $65,000 for this contribution, and it is her hope that the City designates that $65,000 going forward each year to 2019. It was her infolinal recommendation that Ms. Schutta be appointed the City's representative for this agreement at this time. Councilmember Petschel asked for clarification on Section 10.3 Termination for Closing Prior to 20 Years; if any of the three situations listed takes place then the City has no recourse in terms of getting a prorated return on its investment. City Attorney Tom Lehmann replied that this was a correct understanding. However, the City is in a better position because their final payment is not due until 2019. Councilmember Petschel relayed her discomfort because the first two items listed were discussed at the Council workshop as a reason to absolutely expect a prorated return and now they are being categorically excluded. Councilmembers also raised questions regarding any consequences should there be a delay in completing the renovations as outlined. Mayor Krebsbach stated that she would like to have language added to Section 10.3 that states the ice arena needs to function for a certain number of years before the three situations listed would take effect. Councilmember Petschel recommended that since this agreement is being circulated to the school district and to the City of West St. Paul, that the concerns raised this evening be shared with them. January 6, 2015 Mendota Heights City Council Page 3 Councilmember Norton moved to table Resolution 2015-08, authorizing participation in a Joint Powers Agreement for the Renovation of the John V. Hoene Ice Arena. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 0) APPROVAL OF CHANGE ORDER FOR SIBLEY MEMORIAL HIGHWAY TRAIL REHABILITATION PROJECT City Engineer John Mazzitello explained that the City Council approved the construction of the trail connection from The Summit of Mendota Heights to Lilydale Road in September 2013. Construction started in late 2013 and resumed again in mid to late July 2014. When working on the portion of the trail that aligned with the businesses on Highway 13, it came to staff's attention that there was a water main that would require lowering. When the water main was excavated for lowering, bedrock was discovered in that location. This constituted a change order to the original contract for $93,598. At the time the bedrock was discovered — early November and facing the potential of an early winter — city staff approved the contractor to move forward with the work because they did not want the businesses to be on temporary water for the length of the winter. Councilmember Duggan asked if the costs for construction of the trail were shared with Dakota County. Engineer Mazzitello replied that this is considered a City trail; however, it is constructed in a State of Minnesota right-of-way and staff intends to use municipal state aid funds to pay for the project. Councilmember Duggan asked if a request could be made to St. Paul Regional Water to share in the additional costs to bury the water main. He believed there should be some legal recourse to have others share in the cost of this as the original project cost was $125,000 and now an additional $93,598 expense has been added. Engineer Mazzitello replied that staff is in discussions with the consulting firm that designed the project in 2006. This project had been awaiting construction funds for seven years. Engineering staff are discussing with the consulting firm any type of invoice credit or cost reimbursement. Councilmember Petschel stated that she did not understand how a water main that was not up to standards was installed in the first place. Engineer Mazzitello replied that all he could say was that the original water main was installed in 1985 and he did not know what the status of the water agreement was with St. Paul Water at that time. Councilmember Petschel also noted that since this was known in November, the Council should have been made aware of it at that time, especially when the cost of the project has almost doubled. She also requested that the Council be updated on any efforts where the City is trying to be reimbursed for expenses through negotiations. Mayor Krebsbach requested a list of discoveries that have been costly for the City to be given at the February goal setting session. Councilmember Povolny noted that this was probably a decision that should not have been made without Council approval. Engineer Mazzitello did not disagree. January 6, 2015 Mendota Heights City Council Page 4 Councilmember Duggan moved to approve change order #1 (Petes's Sewer) and change order #2 (Urban Companies) for the Sibley Memorial Highway Trail Extension Project. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Q) APPROVAL OF CLAIMS LIST Councilmember Duggan questioned the total cost of the heat cable project for City Hall. Finance Director Kristen Schabacker replied that the project was in two phases and staff received bills for the first phase, which came in as projected; $17,150 to RK Hunter and $8,015 to Wallraff Electric for the north and east side of the building and the south and the west was $17,150 to RK Hunter and $5,845 to Wallraff Electric, for a total of $48,160. There is one additional bill that has not yet been received. Councilmember Duggan moved to approve the Claims List. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. NEW AND UNFINISHED BUSINESS A) DESIGNATION OF 2015 ACTING MAYOR Councilmember Povolny nominated Councilmember Liz Petschel as 2015 Acting Mayor as she has filled this position for the last two years and has done a real good job. Councilmember Povolny moved to appoint Councilmember Liz Petschel as 2015 Acting Mayor Mayor Krebsbach seconded the motion. Ayes: 5 Nays: 0 B) APPOINTMENTS OF OUTSIDE COMMISSIONS NDC4 requires a councilmember and one citizen representative be appointed to the Cable Commission. Councilmember Duggan and resident Mickey Kieffer are currently serving. Mr. Kieffer has indicated he is interested in being reappointed. Councilmember Duggan explained that he has informed NDC4 that he would have difficulty attending the meetings. The Dakota Communications Center requires two elected officials, one as the primary and one as the alternate. Councilmember Duggan is currently the primary and Councilmember Povolny is the alternate; both have indicated interest in serving on that commission as well. January 6, 2015 Mendota Heights City Council Page 5 Councilmember Povolny moved to appoint Mayor Sandra Krebsbach and Mr. Mickey Kieffer to serve on the Cable Commission for two year terms. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to appoint Councilmember Duggan as the primary member of the Dakota Communications Center with Councilmember Povolny as the alternate for two year terms. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2015-05, DECLARATION OF HAZARDOUS STRUCTURE AT 595 HIGHWAY 110 City Engineer John Mazzitello explained that in March 2014 the structure at 595 Highway 110 suffered a significant structural fire. The building official and fire marshal have been working with the property owner on how to deal with that structure in its current state. On December 18, 2014 the fire marshal made the determination that the structure was no longer safe for occupancy or entry. This resolution officially declares that property unsafe for occupation or entry and provides the property owner with 30 days to obtain the necessary penuiits to remediate the hazard. If, after 30 days, no action has been taken, the City has the right to initiate mitigation and bill the property owner. City staff has met with the property owner and they understand the terms of the declaration. There is a potential sale of the property pending. If the sale of the property takes place within that 30 -day window, then the new property owner is obligated for the remainder of the time. A letter to this affect was delivered to the property owner on December 29, 2014. City Attorney Tom Lehmann noted that the Council should be aware that there is a Statute in place that allows the City to do this. Councilmember Petschel moved to adopt Resolution 2015-05, Ordering the Repair or Removal of Hazardous Conditions Located at 595 Highway 110. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2015-03, REDEVELOPMENT PLANNING GRANT AND INTERIM ORDINANCE 472 INDUSTRIAL DISTRICT MORATORIUM Planner Nolan Wall explained that this item included two requests: 1) Redevelopment Planning Grant Application and 2) Interim Ordinance establishing a moratorium. January 6, 2015 Mendota Heights City Council Page 6 The Redevelopment Incentive Planning Grant program is administered through the Dakota County Community Development Agency and provides funds for redevelopment planning efforts. Staff proposed to seek $10,000 to create a redevelopment plan for the industrial district area. The total estimated cost of the potential project would be $20,000 with the City's match coming from the Industrial Development Fund. The area contains a mix of industrial, office and residential uses, many of which were developed as planned unit developments. The Plan would analyze the existing zoning regulations, site conditions, potential constraints, and market factors that may impact future development and redevelopment in the industrial district. As a result, the planning process would identify a vision and recommend zoning and comprehensive plan amendments. The Plan could then be utilized to seek additional funding for future property acquisition or remediation if necessary. Mayor Krebsbach noted that staff and the City Council have been discussing this for a few years about beginning to plan in the industrial area. Planner Wall explained that in conjunction with the grant application, staff brought forward a temporary moratorium ordinance that could be adopted to protect the planning process in order to allow time to study an issue without the pressure of time generated by planning applications. Staff proposed that the moratorium be limited to the issuance of Conditional Use Permits within the industrial zoning district for a period of 12 months from the publication of the ordinance. The intent of the restriction is to not completely disrupt minor development activity that may already be permitted and most likely would not require City Council approval. Councilmembers asked questions regarding the number of grants, if funds were available should staff need to hire an outside consultant for the study, if the study could begin within the next three to four months and be concluded within the 12 months noted earlier, and if this included City owned lots. Ms. Melissa Deuce from United Properties, a large landowner of properties in the industrial district, noted that United Properties currently has two vacant parcels in the district. One of the vacant parcels has already been approved for development. The remaining vacant parcel has been challenging to develop due to the busy and challenging intersection. However, they now have a use for this parcel that is allowed by Conditional Use Permit. United Properties requested that the Council exclude this parcel from the proposed moratorium. After a short discussion, Mayor Krebsbach noted that staff and the City Council would certainly work with United Properties, as they are a large stakeholder in this process. Councilmember Duggan moved to adopt Resolution 2015-03 Approving an Application for a Redevelopment Planning Grant from the Dakota County Community Development Agency. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 1 (Norton) In regards to proposed Ordinance No. 472, Councilmember Duggan raised his concern about spot zoning because of this, but at the same time, the Council as a body has not really talked with staff and with the entities regarding this moratorium. He wondered if the Council would be limiting itself. It was pointed out that the moratorium would only be for Conditional Use Permits, not for permissible uses. January 6, 2015 Mendota Heights City Council Page 7 Councilmember Petschel commented that she would like for this study to include examples from other communities on what they have done to fill their unused spaces in their industrial districts. Also, businesses located in the Industrial District have given feedback on what they would like to see; she would like to be made aware of those suggestions. Councilmembers also asked questions regarding ways to soften the intersection coming off of the freeway [in the area of Pilot Knob interchange with I-494]. Councilmember Petschel moved to adopt Ordinance No. 472 Interim Ordinance Placing a Temporary Moratorium on Conditional Use Permits in the Industrial Zoning District, and Directing a Study to be Conducted. Councilmember Krebsbach seconded the motion. Ayes: 2 (Petschel, Krebsbach) Nays: 3 (Duggan, Povolny, Norton) Councilmember Petschel then moved to rescind the adoption of Resolution 2015-03 Resolution Approving an Application for a Redevelopment Planning Grant from the Dakota County Community Development Agency. Mayor Krebsbach seconded the motion Councilmember Norton noted that United Properties parcel is a very small portion of the overall map of lots in the industrial district. He believed that the grant would still be appropriate to accomplish the overall re -planning of the industrial park. City Attorney Tom Lehmann noted that this situation would be considered a motion to reconsider and can only be made by a person on the prevailing side, which Councilmember Petschel was, so the motion to rescind is a viable motion. Additional discussions occurred regarding the purpose of the moratorium and what exactly it would cover and situations in which a Conditional Use Permit would be denied in the industrial district. Mayor Krebsbach called for the vote on the motion to rescind Resolution 2015-03. Ayes: 2 (Petschel, Krebsbach) Nays: 3 (Duggan, Povolny, Norton) Councilmember Norton asked that his vote on the adoption of Resolution 2015-03 be changed to an Aye as he originally thought the motion included both the resolution and the ordinance. It was noted that the vote had already taken place, but that Councilmember Norton's comments will be noted in the minutes. E) PLANNING CASE 2014-36, COMPREHENSIVE PLAN AMENDMENT AND REZONING REQUEST AT 2511 AND 2525 CONDON COURT, RESOLUTION 2015-02 AND ORDINANCE 470 Planner Wall explained that the applicant requested a comprehensive plan amendment and rezoning of the properties located at 2511 and 2525 Condon Court. The subject parcels are collectively 1.26 acres, contain two single-family dwellings, are zoned R-1 and guided for Limited Business Planned Unit Development in the Comprehensive Plan. Approval of the Comprehensive Plan Amendment and Rezoning requests is required before a formal subdivision application can be submitted. January 6, 2015 Mendota Heights City Council Page 8 Comprehensive Plan Amendment The proposed Comprehensive Plan Amendment request would be to amend the current future land use designation [Limited Business PUD] to Medium Density Residential. Planner Wall shared the land use designations of the surrounding properties as Private Schools, Medium Residential PUD, and Low Density Residential. Planner Wall noted that this request does qualify as a minor amendment and does not require review by adjacent jurisdictions. As a courtesy, this request was sent to the City of Eagan and they did not have any comments on the proposed change to the land use map. The Medium Density Residential land use provides for townhouse and attached housing development, and corresponds to the R-2 and MR PUD zoning districts. Councilmembers asked questions regarding lot size requirements for the Medium Density Residential land use. Councilmember Duggan moved to adopt RESOLUTION 2015-02 Approving a Comprehensive Plan Amendment from Limited Business—PUD (LB—PUD) to Medium Density Residential (MR) at 2511 and 2525 Condon Court. Councilmember Povolny seconded the motion. It was noted that the passing of this resolution would not in any way indicate an approval of what the applicant would propose to build. Ayes: 5 Nays: 0 Rezoning Request The properties are currently zoned R-1 Low Density Residential and the request would be to rezone the properties to R-2 Medium Density Residential. The remaining parcel on Condon Court is zoned B-1 Limited Business and is actually a single family home that is used as a residential treatment program, which is in compliance with the code. Consideration of a rezoning request is reviewed as to its conformance with the Comprehensive Plan. In this case the corresponding zoning districts for the current Limited Business Future Land Use designation for the subject parcels are not consistent with the current zoning of those properties. The applicant was requested to provide his idea and vision for the site to the Council if these requests were to be approved. Planner Wall shared that information making sure that the Council was aware that these were preliminary plans only and not meant to represent a fonnal subdivision application. If both requests were approved the applicant would then have to come back with the formal subdivision application for consideration. Councilmember Duggan moved to adopt Ordinance No. 470 Amending the Official Zoning Map. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 January 6, 2015 Mendota Heights City Council Page 9 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • St. Thomas Academy allowed the City to use their equipment to groom two cross-country ski loops at the Par 3. Sloan Wallgren will be staffing the clubhouse on Saturdays and Sundays from 10:00 — 3:00 so cross-country skiers can use it as a warming house. • Unusable holiday lights can be recycled at City Hall through January 31, 2015. COUNCIL COMMENTS Councilmember Petschel, referencing the approval of Lillie Suburban Newspaper as the official paper of the City, noted that the readers took a vote on the best haircut in the area and Vera Salon and Spa received the award. She also noted that it appears that the refurbishing of the Fischerville site is drawing to a conclusion in terms of its construction and upgrade. She would like to recognize them for preserving the site and some of the antique memorabilia associated with the site. Councilmember Duggan wished everyone a Happy New Year. Mayor Krebsbach acknowledged the passing of a former Parks Commissioner Ann Connelly. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:10 p.m. andra Krebsbac Mayor ATTEST: obi Smith City Clerk January 6, 2015 Mendota Heights City Council Page 10