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2015-03-03 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 3, 2015 Pursuant to due call and notice, 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 Povolny, Petschel, and Norton. Councilmember Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved adoption of the revised agenda. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of February 17, 2015 City Council Minutes b. Approval of February 17, 2015 City Council Closed Session Minutes c. Approval of February 13, 2015 Airport Relations Commission Minutes d. Approval of February 24, 2015 Planning Commission Minutes e. Receipt of January 2015 Fire Department Synopsis Report f. Approval of December Treasurer's Report g. Approval of January Treasurer's Report h. Approval of Claims List i. Approval of Contractor List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 3, 2015 Mendota Heights City Council Page 1 PUBLIC COMMENTS There were no public comments. PRESENTATION A) FRIENDLY HILLS MIDDLE SCHOOL FUTURE CITIES PRESENTATION Public Works Director John Mazzitello explained that Friendly Hills Middle School has participated in the Future Cities Competition for the last seven years. This is a program sponsored by the American Society of Civil Engineers where 6th through 8th graders are challenged to design and present a futuristic city based on a specific theme. The theme this year was 'Feeding Your Future City'. The teams were challenged to produce one protein and one vegetable in sufficient quantities to feed their city for the entire year and how to get that product from production to market. Friendly Hills entered three teams in the competition. Students presented their scale models and an oral presentation at the University of Minnesota on January 15, 2015. In addition, they produced an essay, a narrative, and a Sims City software computer model of their city. For the first time ever, Friendly Hills Middle School produced a team in the final five and produced a state finalist. Mazzitello introduced the instructor in charge of the program and four of the students who were in the competition. B) SAINT THOMAS ACADEMY ROGERS LAKE WATER QUALITY REPORT Saint Thomas Academy Environmental Science Class students have been monitoring the water quality of Rogers Lake since 2001. Mr. Tony Kinzley, Advanced Placement Environmental Sciences Instructor, introduced the students responsible for the monitoring activities this year. The students explained the overall purpose of their testing, what kind of tests they performed with an explanation of each, the results of the tests, and a comparison of those test results to last year. An overall rating was then extrapolated into a composite score of all nine chemical tests. The overall rating for Rogers Lake improved from 78.6 in 2013 to 80.8 in 2014. PUBLIC HEARING A) VACATION OF EASEMENT FOR THE LEMAY LAKE SHORES DEVELOPMENT Public Works Director John Mazzitello explained the purpose of the public hearing is to vacate two drainage utility and roadway easements in conjunction with the Lemay Lake Shores Development project. The easements are located near the entrance of the Lemay Lake Shores Development. Mayor Krebsbach opened the public hearing. Mr. Shawn Winzel of Ryland Homes came forward to answer questions from the Council and share an image of the area with the drainage utility and roadway easements highlighted. Councilmembers asked questions pertaining to the location of the easements in relation to Resurrection Cemetery. March 3, 2015 Mendota Heights City Council Page 2 Ms. Gina Norling, 1280 Lakeview Avenue, wished to have it noted that the notice she received was dated February 17 and received on or about February 21. She stated she is unclear what this vacation is granting. Public Works Director Mazzitello explained these easements grant permission to another entity to use the portion of property for their purposes. In this case, the underlying property owner, formally Resurrection Cemetery and now Ryland Homes, had an easement granted to the City of Mendota Heights for utility and roadway access purposes. The city has determined that those easements are no longer needed. Ms. Norling expressed her appreciation for the clarification and stated that she has no objections to the vacation. Councilmember Norton moved to close the public hearing Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Povolny moved to adopt Resolution 2015-15, A RESOLUTION VACATING EASEMENTS AT LOTS 39, 40, AND 42, AUDITOR'S SUBDIVISION, MENDOTA. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 NEW AND UNFINISHED BUSINESS A) PLANNING CASE 2015-01, APPROVING CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, VARIANCE AND WETLANDS PERMIT APPLICATION AT 1680 MAYFIELD HEIGHTS ROAD, RESOLUTION 2015-16 Planner Nolan Wall explained that the applicant intends to demolish the existing structures and construct a new single-family dwelling with an attached garage on the property at 1680 Mayfield Heights Road. This property is within the Mississippi River Corridor Critical Area. As a result of the request, the proposed project requires four separate applications; Critical Area Permit to demolish the existing structures and construct a new dwelling, Conditional Use Permit for new development in the critical area, Variance to allow grading the site affecting slopes over 18%, and Wetlands Permit for construction activity within 100 feet of the wetland and water resource related area. The subject parcel is 1.42 acres and contains an existing single-family dwelling as well as a detached garage. The property is zoned R-1 and guided for low-density residential development in the Comprehensive Plan. Councilmembers asked questions pertaining to the slopes impacted, direction of the drainage flow, and landscape plans for the property. Councilmember Petschel moved to adopt RESOLUTION 2015-16 APPROVING CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, VARIANCE AND WETLANDS PERMIT APPLICATIONS AT 1680 MAYFIELD HEIGHTS ROAD based on the findings of fact and conditions as stated in the resolution. March 3, 2015 Mendota Heights City Council Page 3 Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 B) PLANNING CASE 2015-02, APPROVING WETLANDS PERMIT AT 2540 ARBOR COURT, RESOLUTION 2015-17 Planner Nolan Wall explained the request for a Wetlands Permit to remove vegetation at 2540 Arbor Court. The subject parcel is 2.42 acres, contains an existing single-family dwelling abutting a wetland to the north, zoned R-1 and guided for low-density residential development on the Comprehensive Plan. The applicant intends to construct an approximate 390 square foot addition to the dwelling and an approximately 352 square -foot deck on the east side of the dwelling, extending into the rear yard. The entire structure is located within the 100 -foot wetland and water resource related area. They received a wetlands permit in 2005 as part of Planning Case 2005-30. Planner Wall also noted that the vegetation removal is essentially one tree. The proposed improvements would be approximately 29 feet from the edge of the wetland and, as noted, there would be one tree removed in the rear yard. The addition and deck would be constructed on posts, resulting in minimal impacts to the existing grades and would be further reviewed as part of a building permit application. In addition, appropriate erosion control measures would be used during construction and no disturbance or vegetation removal would occur within the 25 -foot non -disturb buffer area. The proposed improvements are compliant with the required rear and side yard setbacks. If approved, the applicant would start construction this summer. Councilmembers asked questions pertaining to the 25 -foot non -disturb area and the 100 -foot buffer area. Councilmember Norton moved to adopt RESOLUTION 2015-17 APPROVING A WETLANDS PERMIT AT 2540 ARBOR COURT based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) PLANNING CASE 2015-03, APPROVING CONDITIONAL USE PERMIT AT 1897 DELAWARE AVENUE, RESOLUTION 2015-18 Planner Nolan Wall explained that the applicant, Verizon Wireless, was seeking a Conditional Use Permit to update an existing wireless antenna facility to incorporate advanced wireless service. The subject parcel is the Henry Sibley High School campus and District 197 offices. Planner Wall briefly highlighted the proposed plans. The applicant would not be adding any antennas but would be relocating the existing antennas giving them better access to do the service. In total, they March 3, 2015 Mendota Heights City Council Page 4 would be removing and relocating 12 panel antennas as well as upgrades to the associated cable boxes and lines that run on the rooftop. The upgraded equipment is compliant with the 15 -foot height limit and would be painted the same color. There are no exterior modifications being proposed to the existing accessory structure. Councilmembers asked questions pertaining to an upgrade in service being a result of this request. Councilmember Norton moved to adopt RESOLUTION 2015-18 APPROVING A CONDITIONAL USE PERMIT AT 1897 DELAWARE AVENUE based on the findings of fact and conditions as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 D) PUBLIC HEARING REQUEST FOR CRITICAL AREA PERMIT AND VARIANCE AT 731 WOODRIDGE DRIVE Planner Nolan Wall explained that in June 2014 the property owner at 731 Woodridge Drive suffered a significant slope failure event in the rear yard of their property, which is above Highway 13. The impacted area is approximately 75 feet by 45 feet. As discussed in the letter from the property owners, they have been working to address the situation since that time and have decided on the scope of the project. The proposed project would include construction of a retaining wall and associated soil stabilization in the area, which does require a Critical Area Permit. Due to the nature of the work, a Conditional Use Permit and Variance requests would also be required as part of the application. According to the City Code this would normally require a public hearing before the Planning Commission. In order to expedite the approval process, the property owners are requesting that the application be exempted from Planning Commission review and a public hearing be held before the City Council on March 17, 2015. The property owners have submitted the required applications and supporting materials in compliance with the March application deadline. If approved, notices would be mailed to the surrounding property owners within 350 feet and would be published in the Sunday, March 8 edition of the Southwest Review. The 60 -day timeline would still apply and the appropriate state agencies would be provided materials for review and comment. Councilmembers asked questions regarding the 60 -day review timeline and the position that MnDOT has on this application. Councilmember Povolny moved to set the public hearing date for Tuesday, March 17 and direct staff to provide the required public notice. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 3, 2015 Mendota Heights City Council Page 5 E) RESOLUTION 2015-22, ACCEPTING BIDS & AWARD CONTRACT FOR SOMERSET STORM WATER IMPROVEMENTS Assistant City Engineer Ryan Ruzek explained that the City has received ten bids for the Somerset Storm Water Improvement Project; however, four bids were not compliant with the specifications. Staff requested that those bids be rejected and the remaining six bids be accepted. Staff recommended that the contract be awarded to the low bidder, North Pine Aggregate, Inc. Since this is a stabilization project due to damages from last year's storm, staff has been working with the State of Minnesota on securing disaster relief funds. Estimates have identified the repair being eligible for 75 percent reimbursement. The city has been asked to supply additional data, which could potentially allow the entire project to be reimbursed at 75 percent. The Spring Creek Project has not been identified for reimbursement. The projects would be funded through the Stoun Sewer Utility Fund. Councilmembers asked questions regarding whether or not this project includes the area on Spring Creek Circle. Councilmember Petschel moved to adopt Resolution 2015-22, A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SOMERSET STORM WATER IMPROVEMENTS. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 F) RESOLUTION 2015-20, GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO MARCH 31, 2016 AND RESOLUTION 2015-21, APPROVING THE TRANSFER OF THE CABLE FRANCHISE AND CHANGE OF CONTROL OF THE GRANTEE Assistant to the City Administrator Tamara Schutta introduced Ms. Jodie Miller, NDC4 Executive Director, who provided an update on the current franchise agreement with Comcast. They are seeking approval of the resolutions which would extend the franchise agreement to March 31, 2016 and approve change of control of the grantee. Ms. Miller provided a brief background on the NDC4 Cable Commission. Cities joined together 30 plus years ago to pull their resources and do cable franchising together as a group. Over that 30 years, there have been two 15 -year franchises with the cable operator whose common applied for and received a franchise for the City of Mendota Heights. The first one was from 1985 to 2000 and the second is just wrapping up which ran from 2000 to 2015. NDC4 started the renewal process of negotiating and preparing for a franchise renewal with Comcast. When nearing the final stages of negotiating the renewal, Comcast announced its major national transaction, a merger acquiring Time -Warner Cable. A couple of months later they announced that as part of that transaction they would be spinning off or divesting of the Minnesota properties along with some other states in the Midwest. The cable commission has been preparing documents and reviewing the transaction preparing recommendations because there is local authority for each cable commission to approve or deny locally that merger. March 3, 2015 Mendota Heights City Council Page 6 The NDC4 cable commission has approved the resolutions before the Council as recommendations. It is up to each individual city to vote on the transfer and also the recommendation of a 12 -month extension of the current franchise to give them time to complete the renewal. Ms. Miller introduced Attorney Brian Grogan of Moss & Barnett representing the cable commission. Attorney Grogan highlighted a few features of this large transaction: • Essentially Comcast is leaving the State of Minnesota • A new company will be serving Mendota Heights; known today as Midwest Cable; if approved at the federal level, the cable company would be renamed GreatLand Connections • 2.5 million customers; 550,000 in the Twin Cities (approximately 20% of total subscriber base) • No performance history as this is a new entity • Would be owned 1/3 by Charter Communications and 2/3 by Comcast Shareholders (not the corporate entity) • GreatLand Connections will have a separate board of directors; be publicly traded; may be a Fortune 500 company the day they are created • Have hired a retired CEO [Michael Willner] who has brought his executive team with him; management has sound experience; however, how will they execute the operational plan Impact to Mendota Heights: • Local operational personnel will continue to be employed by the company • Will be sub -contracting virtually all of the customer service operations; Charter Communications will be the one answering the phone • Xfinity changing to Spectrum; will likely include virtually all of the same channels but not all of them; priced substantially the same but may not be identical (a condition of the resolution is that the cable company cannot use the financing of this transaction as an excuse to raise rates) • A subscriber with triple play (phone, interne, television) will be able to keep the same phone number; most likely able to keep the same equipment; however, not the same email. A comcast.net email account will be switched during a three to six month transition period • Automatic payments from a banking account will need to be updated to the new entity Councilmembers asked questions regarding the reimbursement condition and the chances of the merger actually being approved on the federal level. Mayor Krebsbach noted that grammatical corrections to the resolutions had been received from Councilmember Duggan; however, they could not be entertained as this is a legal document. Councilmember Norton moved to authorize the Mayor to sign Resolution 2015- 20; GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO MARCH 31, 2016 and Resolution 2015-21, APPROVING THE TRANSFER OF THE CABLE FRANCHISE AND CHANGE OF CONTROL OF THE GRANTEE. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 3, 2015 Mendota Heights City Council Page 7 G) ARGENTA TRAIL REALIGNMENT Public Works Director John Mazzitello noted that there is a joint project between the City of Inver Grove Heights and Dakota County to potentially realign Argenta Trail between Highway 55 and Interstate 494. There are different alternatives being analyzed although the specific details are unknown. It is proposed that the Council consider providing comments to Dakota County and the City of Inver Grove Heights as this potential realignment is part of the overall plan for the Northwest Area Development concept. In 2010 Dakota County adopted the Regional Roadway System Visioning Study, which was looking at the whole northwest area of Inver Grove Heights and the northeast area of Eagan and how the transportation corridors would be altered for prospective developments in the future. Part of that study included what was referred to at the time as the Option E — an interchange alignment on Interstate 494 located approximately one-half mile east of the Delaware Avenue Bridge. It is proposed that Mendota Heights recommend that Dakota County continue to plan regionally and provide for east -west connections between Robert Street and Dodd Road. Mendota Heights' position is still that Option E — as was identified in the visioning study — is still its first preference, showing an intersection east of Delaware Avenue. Mr. Scott Spade of Sunfish Lake was in attendance to answer questions from the Council. Mr. Spade and his team have been involved with this issue for as long as Dakota County has initiated its' visioning study for the transportation improvements. By City Council consensus, staff was directed to send a letter to Dakota County Transportation Group reiterating Mendota Heights' support of Option E, with a further request moving forward that the County keep the City informed on any future development on 65th and any contemplated ideas with respect to the improvements. No Council vote was necessary. COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • The Victoria Reconstruction Project open house has been postponed to March 4, 6:30 p.m. • Recreation Program Coordinator Sloan Wallgren is working with School District 197 and Tri - district Community Education in Dakota County on programming for adults 50+. A meeting is schedule for Tuesday, March 31 at Mendota Elementary. They are requesting that individuals interested offer suggestions on what kinds of programs they would like to see offered. A survey link will be available on the City's website. • The February edition of Heights Highlights was mailed to residents on February 25. March 3, 2015 Mendota Heights City Council Page 8 COUNCIL COMMENTS Councilmember Povolny wished good luck to the Saint Thomas Academy hockey team. Councilmember Norton echoed the good luck wishes to Saint Thomas Academy and wished good luck to Coach Langevin, who coaches Edina but is a Mendota Heights resident. Councilmember Norton also recognized an audience member, Mr. Thomas Chandler, a student at Heritage. He is working on his Boy Scout Merit Badge. Councilmember Petschel gave a shout out to staff as she thought this new issue of the Heights Highlights was magnificent. She loved the cover story on the PCN Companies. She also expressed her appreciation to Public Works Director John Mazzitello and Planner Nolan Wall for helping the middle school students with their project. She also noted that the online version of The Patch is a great resource for everything that is going on in the schools — theatre events, music events, etc. Mayor Krebsbach noted the passing of two individuals who were active members of the community, George Zirnhelt [Lilydale] and Charles Toomey [Bloomington]. She also welcomed City Administrator Mark McNeill to his first City Council meeting. ADJOURN Councilmember Norton moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 9:10 p.m. ATTEST: c Lorri Smith City Clerk d a Krebsbach Mayor March 3, 2015 Mendota Heights City Council Page 9