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2015-04-07 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 7, 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. Other members present included 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 Povolny moved adoption of the 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 March 17, 2015 City Council Minutes b. Approval of March 24, 2015 Planning Commission Minutes c. Acknowledgement of March 10, 2015 Parks and Recreation Commission Minutes d. Approval of Street Sweeping Contract e. Approval of Out of State Travel Request f. Approval of 2015 Par 3 Maintenance Contract April 7, 2015 Mendota Heights City Council Page 1 g. Approval of Resolution 2015-28 Plans/Specifications and Authorization to Advertise for Bids for 2015 Sanitary Sewer Rehabilitation Project h. Personnel Action Items i. Approval of Claims List j. Approval of Contractor List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS Ms. Leslie Pilgrim, resident of Mendota Heights, introduced an initiative to transform the corner of Marie Avenue and Dodd Road into a native wildflower demonstration garden. The demonstration garden would inspire other community members to plant more of these native plantings in their own yards. Ms. Pilgrim has been working with Public Works Director John Mazzitello. She estimates the cost to be approximately $6,000. Ms. Pilgrim has spoken with Great River Greening and they would be willing to be a fiscal agent so that contributions could be considered tax deductible and qualify for matching funds. The City would need to approve an agreement with Great River Greening so they could hold the funds in a designated account. Ms. Pilgrim would hold the fundraiser to raise the funds; if unsuccessful the initiative would stop. Mayor Krebsbach noted that that city staff could look into this agreement with Great River Greening. She expressed her appreciation to Ms. Pilgrim and encouraged her to continue to work with Public Works Director Mazzitello. Mayor Krebsbach also noted that she would like to see a non-profit Community Foundation organized in Mendota Heights. Mr. Jerry Mulvihill, a resident of Inver Grove Heights representing his father, Mr. Art Mulvihill, 1154 Orchard Place, came forward in regards to the street reconstruction completed in 2014. Mayor Krebsbach noted for the record that the City has received a letter from Mr. Art Mulvihill. Mr. Jerry Mulvihill explained that he is a registered engineer and has taken some photographs on Orchard Place. When his father built the home in 1965, the road was one and a half feet below his garage; now it is five feet lower than his garage. Mr. Mulvihill shared images of when the street was reconstructed. He did a survey shot from the back of the curb to his father's garage and it is approximately a 4% to 4.5% slope. From the city street to the garage, it is an 8.5% total slope. This makes it very difficult for his father, who is disabled, to get from the street up to the garage when getting the mail or newspaper. Mr. Jerry Mulvihill suggested the City modify the surmountable curb so it is not such a drastic incline to his father's property. April 7, 2015 Mendota Heights City Council Page 2 The City Council directed Public Works Director John Mazzitello to work with the homeowner and allow them to modify the curb at their expense. PRESENTATIONS A) RECOGNITION OF POLICE RESERVES Chief of Police Michael Aschenbrener explained that this is the City's opportunity to thank the Police Reserves who are truly volunteers and do a wide variety of projects. Police Sergeant Fleming gave the background and responsibilities of the Police Reserves. He explained that the President's Volunteer Service Award recognizes individuals and groups that have achieved a certain standard — measured by the number of hours of service over a 12 -month period. Mayor Krebsbach and Chief Aschenbrener presented the following Presidential Volunteer Service Awards: Randy Pentel Presidential Gold 1036 hours Jim Knox Presidential Silver 415 hours Becky Pentel Presidential Silver 323 hours Jeff Parker Presidential Silver 274 hours Jerry Murphy Presidential Bronze 100 hours George Castillo Presidential Bronze 131 hours NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-26, VARIANCE AT 2515 PILOT KNOB ROAD, PLANNING CASE 2015-05 Planner Nolan Wall explained that this applicant was seeking a variance from the side yard setback standard to construct a 2,373 square foot addition to the existing office/warehouse building at 2515 Pilot Knob Road. The subject parcel is 4.34 acres and is located in the southwest corner of Pilot Knob Road and Mendota Heights Road. The property is zoned industrial and guided industrial on the Comprehensive Plan. Planner Wall explained the site plan and the side yard setback requirements. The variance request is for approximately 19 feet for the side yard abutting Mendota Heights Road. The proposed addition does meet all other setbacks, lot coverage, and landscaping requirements for such a development in the industrial district. The proposed addition to the existing building is necessary to accommodate additional office space. Planner Wall explained the three standard thresholds that must be found when considering a variance request and how each of them are met in this application: • The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner April 7, 2015 Mendota Heights City Council Page 3 • The applicant establishes there are practical difficulties complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations ® The request will not alter the essential character of the locality Staff recommended approval of this application. Councilmembers asked questions regarding the look of the exterior of the proposed addition and the nature of the business. Councilmember Povolny recused himself from voting on this application as he has done business with the applicant in the past. Councilmember Petschel moved to adopt RESOLUTION 2015-26 APPROVING A VARIANCE AT 2515 PILOT KNOB ROAD, based on the Findings of Fact and Conditions as stated in the resolution. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 1 (Povolny) Abstain: 1 B) RESOLUTION 2015-27, LOT SPLIT/WETLANDS PERMIT AT 747 WILLOW LANE, PLANNING CASE 2015-07 Planner Nolan Wall explained that the applicant, on behalf of the property owner, requested a lot split for the existing subject parcel at 747 Willow Lane and a wetlands permit for construction activity within a wetland or water resource related area. The subject parcel is approximately 1.21 acres, contains an existing single-family dwelling, is zoned R-1 Residential, and guided for low density residential in the Comprehensive Plan. The applicant intends to demolish the existing home and construct two new single- family dwellings on the newly created lots. Planner Wall shared an aerial view of the subject parcel and identified pertinent features of the site. The subdivision would create two lots in excess of the 15,000 square foot minimum lot size requirement for the R-1 zoning district; Parcel A would be 25,903 square feet and Parcel B would be 26,533 square feet; and both would have more than the required 100 foot frontage on Willow Lane required by zoning standards. As noted in the staff report, both newly created parcels would be compliant with the R-1 lot standards and consistent with the Comprehensive Plan. Planner Wall shared an image outlining the proposed setbacks of the two new homes, which would be verified during the building permit review process. He explained that specific to the wetlands permit request and the 100 foot buffer area around Marie Creek; based on the proposed plans, construction of the new dwellings would require grading and vegetation removal within that buffer area, thereby April 7, 2015 Mendota Heights City Council Page 4 requiring a wetlands permit. According to the applicant, up to seven trees will be removed within the buffer area and associated grading will also disturb ground vegetation on both parcels. Staff walked the site with the applicant in order to determine the quality and expansiveness of that vegetation in relation to their request. Staff identified numerous dead or dying trees within the overgrown brush area and potentially those trees could be removed during administrative permitting procedures allowed in the wetlands permit section of the code. However, as part of their request and in order to be transparent about what they were going to do, they are going to be removing healthy vegetation within that area as well. A wetlands permit was needed to encompass all of the vegetation removal and grading. Vegetation will be replanted on both parcels within that disturbed area after construction. Staff also proposed a condition that a landscape plan be submitted for review. Adequate erosion control measures during construction are proposed and no disturbance will occur within that 25 -foot non -disturb buffer area. Staff recommended approval of the application. Councilmembers asked questions regarding the location of the proposed new buildings, confirmation that they are not creating a hardship requiring a variance request, the setback requirements, and the potentially obstructed view of the neighboring home. Councilmember Norton moved to adopt RESOLUTION 2015-27 WETLANDS PERMIT AT 747 WILLOW LANE based on the Findings of Fact and Conditions as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) ORDINANCE 475 AMEND CITY CODE TITLE 3, CHAPTER 3 CONCERNING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS, PLANNING CASE 2015-08; AND APPROVE THE SUMMARY PUBLICATION City Clerk Lorri Smith explained the proposed amendment to City Code Section 3.3 regulating peddlers, solicitors, and transient merchants. For the past few summers requests have come in for food trucks to be located at the businesses in Mendota Heights, mostly in the industrial zone. Currently, food trucks are not addressed in the code so staff is proposing to add them. Last year, staff administratively approved a few of the food trucks on a case-by-case basis. The new section would allow food trucks to be located on private property in the industrial zone of the City. It is proposed that the food truck would be registered with the City, providing their current State license and also a Certificate of Insurance. This would allow staff to give them a copy of the City's regulations. There would be no fee for registering with the City. April 7, 2015 Mendota Heights City Council Page 5 The Planning Commission conducted a public hearing on March 24, 2015 on this proposed amendment and there were no public comments. In addition, after consulting with the City Attorney, staff is proposing to add an additional amendment to the ordinance, which would allow food trucks in non -industrial zones of the City. This would be for special events that occur only once per year. These food trucks would also need to register with the City. Councilmembers asked for clarification on why there would be no charge for registration, the additional edits from the Planning Commission [in red] and from Councilmember Duggan [in blue], and had City Attorney Tom Lehmann reviewed the changes. Mayor Krebsbach noted that she would like to have this postponed until a clean document can be presented. Councilmember Petschel disagreed saying that she was comfortable and happy with the way it is written, the Planning Commission has had a chance to weigh in, and legal counsel has examined their comments and is comfortable with them. The only thing she was uncomfortable with was the edits in blue. Mayor Krebsbach requested clarification on the edits made to the proposed ordinance. Planner Wall replied that at the March 2015 Planning Commission meeting, they held a public hearing specific to the amendment concerning food trucks. The draft ordinance before Council includes the Planning Commission's recommendations, which are in red. Those changes were also included with the Council's packets and have been reviewed by City Attorney Lehmann. Mayor Krebsbach noted for the record that the changes in blue were suggested by Councilmember Duggan earlier today. Councilmember Petschel moved to adopt Ordinance 475 Amending Section 3-3 of the City Code Concerning Peddlers, Solicitors, Transient Merchants, and Food Trucks, and approve the summary publication, including only the amendments made by the Planning Commission. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Chief of Police Michael Aschenbrener made the following announcements: • Saturday, April 11, 5:30 pm, at the Ramada Inn in Bloomington, the Mendota Heights Police Officer's Benevolent Association will be hosting a fundraising event. Tickets are $15 each. Funds raised will help sponsor the officers and the family of Officer Patrick on their trip to Washington DC during Police Memorial Week. • An all -day basketball event will be held on Saturday, April 11 at Henry Sibley High School. All proceeds will be given to Officer Patrick's family. April 7, 2015 Mendota Heights City Council Page 6 Assistant to the City Administrator Tamara Schutta made the following announcements: • Clean Up Day is scheduled for Saturday, May 2 at Mendakota Park from 8:00 am to 12:00 pm. Document shredding will also be completed. • Annual 5K Run/Walk is scheduled for Saturday, June 6, beginning and ending at The Village. • I-94 will be closed this weekend in both directions, between I -35E and Highway 280. COUNCIL COMMENTS Councilmember Norton mentioned that St. Thomas Academy Auction is on April 17-18 with family night being on the 17th Councilmember Petschel stated that within the last few weeks, an independent engineering firm [HNTB] has published the 2014 Airport Noise Contour, which includes the contour over the City of Mendota Heights. She was happy to inform the residents that parts of the contour are the same as last year, other parts have actually decreased in size, and the contour has been steadily shrinking. Mayor Krebsbach stated that she received a note from Henry Sibley Student Council about the success of their fundraising event in February. They raised over $30,000. ADJOURN Councilmember Petschel moved to adjourn. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 8:20 p.m. ATTEST: Lorri Smith City Clerk April 7, 2015 Mendota Heights City Council Page 7