2015-08-04 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 4, 2015
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 8:00 p.m. Also present were Councilmembers Duggan,
Povolny, Petschel, and Norton.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the revised agenda for adoption. Councilmember Duggan moved adoption
of the revised 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 Povolny moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items d) Approval of
Temporary Liquor License for Holy Family Maronite Catholic Church for September 13, 2015 and h)
Accept June 2015 Par 3 Report.
a. Approve July 21, 2015 City Council Minutes
b. Acknowledgement of July 14, 2015 Park & Rec Commission Minutes
c. Acknowledgement of July 28, 2015 Planning Commission Minutes
d. Approve Temporary Liquor License for Holy Family Maronite Catholic Church for September 13,
2015
e. Approve Resolution 2015-58 Wetlands Permit -2185 Glen Toro Rd, Planning Case 2015-27
f. Approve Resolution 2015-62 Call for a Public Hearing for a Drainage and Utility Easement
Vacation at 1450 Northland Drive
g. Approve Purchase Order to Replace Warming House at Marie Park
h. Accept June 2015 Par 3 Report
i. Approval of Claims List
August 4, 2015 Met7dota Heights City C01171cil Page 1
j. Approval of Contractor List
k. Approve Resolution 2015-61 Adopting Emergency Operations Plan
1. Approve Purchase of Light Bars and Controls
in. Approve Personnel Action Items
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
D) APPROVAL OF TEMPORARY LIQUOR LICENSE FOR HOLY FAMILY MARONITE
CATHOLIC CHURCH FOR SEPTEMBER 13, 2015
Councilmember Duggan noted that he does not have a problem with the temporary liquor license
request; however, they usually have an overflow -parking problem for this event. He asked what
particular impact this may have on the Victoria Road reconstruction.
Public Works Director John Mazzitello replied that the portion of Victoria Road near the church would
be complete by the date of the festival. The street is the same width as before but it now has a curb.
Councilmember Duggan suggested that the reserve officers be available to help with the parking and
noted that they would also be using the City Hall parking lot for overflow.
Councilmember Duggan moved approval of the temporary liquor license for Holy Family Maronite
Catholic Church for September 13, 2015.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
H) ACCEPT JUNE 2015 PAR 3 REPORT
Councilmember Duggan noted that everyone is excited about the report. He has received many
compliments from residents regarding the Par 3, especially the new FootGolf. He wished to recognize
Recreation Program Coordinator Sloan Wallgren and the staff for their good work.
Councilmember Petschel made note of the Minnesota PGA Junior Golf event that recently took place at
the Par 3. Also, the net profit so far for this year is almost $23,000 — an incredible turnaround.
Councilmember Duggan moved to accept the June 2015 Par 3 Report.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
August 4, 2015 Mendota Heights City Council Page 2
PUBLIC COMMENTS
There were no public comments.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2015-59 VARIANCES AT 2075 MENDAKOTA DRIVE — MENDAKOTA
COUNTRY CLUB, PLANNING CASE 2015-25
Planner Nolan Wall explained that the applicant was seeking to construct an accessory structure and
requires several variances to do so. The subject parcel is approximately 145 acres and contains the
Mendakota Country Club and Golf Course. The property is zoned R-1 and guided as golf course on the
Comprehensive Plan. The applicant intends to construct a 2.5 story 4,942 square foot accessory structure
on the southwest side of the clubhouse to allow for additional storage.
Planner Wall shared images of the clubhouse showing where the proposed structure would be located
and a copy of the site plan. He explained that the new structure would have three levels; a basement
drive-in level with an overhead door, a main level, and attic storage space. The proposed structure would
meet the setback standards but exceeds the height, number of structures, total area of structures, and
individual size of structure standards for the R-1 district.
Planner Wall explained the requirements for variance approvals and how this application meets those
requirements. Staff recommended approval of this application.
Councilmembers asked if the Planning Commission added any conditions or had any additional
questions regarding the removal of the temporary storage pods. Councilmember Duggan suggested that
an additional condition be included which would require the site of the storage pods to be restored to its
original condition.
Mr. Bob McKinney, Mendakota Country Club Golf Course Grounds Superintendent, came forward to
address the Council and to answer questions. He stated the location of the temporary pods will be
restored to its original condition.
Councilmember Petschel moved to approve RESOLUTION 2015-59 VARIANCES AT 2075
MENDAKOTA DRIVE-MENDAKOTA COUNTRY CLUB, based on the findings of fact and
conditions as stated in the resolution.
Councilmember Povoiny seconded the motion.
Ayes: 5
Nays: 0
August 4, 2015 Mendota Heights City Council Page 3
B) ORDINANCE 483 CONCERNING VIDEO/ELECTRONIC DISPLAY SCOREBOARDS,
PLANNING CASE 2015-28
Planner Nolan Wall explained that the City of Mendota Heights was considering amendments to Title
12, Chapter 1, Article E of the City Code concerning video and electronic display scoreboards.
Representatives from St. Thomas Academy did appear before the City Council on July 7, 2015 to
discuss their plans for a new scoreboard for their main athletic field and track on campus. As a result of
that discussion, staff brought forward a code amendment to establish standards for that proposed use to
be considered as a scoreboard and not a sign.
In April 2014 the Council adopted Ordinance 460, which allowed for electronic display signs for
institutional uses in residential zoning districts. At that time, scoreboards were intentionally excluded
from that definition; however, video and electronic display components that encompass an entire
scoreboard were not discussed as part of that code amendment process. As proposed, a video and
electronic display scoreboard would be considered as a permitted accessory use for public and private
school uses in a residential zoning district. Therefore, no additional approval would be necessary as long
as those conditions were met.
Copies of the draft ordinance were sent to St. Thomas, Visitation and School District 197 for their
review. The schools responded favorably to the proposed regulations.
Planner Wall provided a copy of the revised ordinance, which replaced the term `institutional uses' with
`public and private schools', which was in response to a Planning Commission comment. He also
explained that the ordinance was drafted with St. Thomas Academy's design and intended use in mind;
however, examples from other communities were reviewed and staff believes they are comparable.
Staff proposed the following conditions to the ordinance: use restrictions, brightness and security
requirements, setbacks from surrounding residential uses, area, height, on premise advertising, number
of displays, and hours of operation.
Councilmembers asked questions and made suggestions regarding restricting the use to school related
events only and the distance the sign should be located from residential properties when facing those
properties, or if it should even be allowed to face a residential area at all.
Mr. Paul Solmon, Director of Facilities for St. Thomas Academy, came forward to address making the
revised code fit so the current scoreboards are in compliance.
Councihmember Duggan moved to table ORDINANCE 483 CONCERNING VIDEO / ELECTRONIC
DISPLAY SCOREBOARDS to allow staff and the City Attorney time to investigate the suggestions and
questions raised and make any necessary revisions to the draft ordinance.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
August 4, 2015 A1el7dota Heights City Council Page 4
C) DISCUSSION OF DOG PARK
Mayor Krebsbach commended the Planning Commission for their extensive due diligence on this item.
City Administrator Mari-, McNeill explained the requests from City staff regarding interim use in the
Industrial zone for an Off -leash Dog Park. He then turned the floor over to Planner Nolan Wall.
Planner Wall stated the City was considering amendments to Title 12, Chapter 1, Article G of the City
Code concerning off -leash dog areas as an interim use in the industrial district. Secondly, the City was
then requesting an interim use permit to establish a temporary off -lease dog area on the vacant city -
owned property in the industrial district.
He then shared images of the area under consideration and provided background and history on this
request by stating that in 2014, City Council began exploring potential sights for an off -leash dog area. It
was determined that the- vacant city -owned properties in the industrial district were the best option.
Council then directed staff to amend the City Code to allow interim uses, which was adopted by
Ordinance 479 and an off -leash dog area as an interim use in the industrial district, which is what was
being considered in this current code amendment.
Planner Wali then shared information on the topography and vegetation in the proposed area.
Cl) ORDINANCE 484 INTERIM USES IN INDUSTRIAL DISTRICT — OFF -LEASH DOG AREA
Planner Wall reviewed the proposed Ordinance 484 concerning interim uses in the Industrial District for
an off -leash dog area. The proposed ordinance contained the following ten conditions:
a) The minimum parcel size shall be five acres, which may include a combination of adjoining lots
under control by the same property owner.
b) No principal or accessory structures shall be located on the lot(s).
c) Proper fencing is installed around the entire off -leash area with height and materials approved by
the City Council.
d) Adequate parking shall be supplied, as determined by the City Council.
e) Hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m.
f) Fixed lighting structures are prohibited.
g) All dogs shall be appropriately licensed.
h) All dogs shall be kept on -leash at all times except within the designated off -leash area.
i) No dog(s) shall be left unattended within the off -leash area.
j) Dog waste receptacles shall be provided and all dog waste shall be properly disposed of by the
user.
Councilmembers asked questions and made suggestions regarding parking, changing the closing time to
9:00 p.m., and no structures on the site.
Councilmember Duggan moved to adopt ORDINANCE 484 AMENDING TITLE 12, CHAPTER 1,
ARTICLE G OF THE CITY CODE CONCERNING OFF -LEASH DOG AREAS as amended by City
Council.
Councilmember Petschel seconded the motion
August 4, 2015 Mendota Heights City CO#nCii Page 5
Comments from the public:
Ms. Julie Franson, 2170 Pilot Knob Road, lives adjacent to the proposed dog park. She has been
working with staff and raised points that she feels were critical. She requested that a fence not be
mandatory, but optional, which would make the area less intrusive. She believes there should be lighting
in the area for safety of the users. She requested that parking not be restricted on Pilot Knob Road.
Councilmembers had additional discussions regarding fencing and lighting. Councilmember Duggan
replied to some of Ms. Franson's specific points.
Ms. Bonnie Resnick, 2251 Copperfield Drive, expressed her appreciation to the Council for thoroughly
exploring this. She noted that many dog owners live in Mendota Heights and have been asking for a dog
park in Mendota Heights. She believes that the expectation has always been that there would be a fence
because it is safer for the dogs and residents. She encouraged the Council to move this issue forward.
Mayor Krebsbach called for the vote.
Ayes: 3
Nays: 2 (PovoIny, Norton)
Councilmember Norton explained the reason for his nay vote by noting that he is in favor of a dog park
and is supportive of a permanent dog park; however, he does not feel that this is an appropriate use of
the city funds on a temporary basis when there is no interest in maintaining this as a dog park beyond a
few years from now.
C2) RESOLUTION 2015-60 APPROVING AN INTERIM USE PERMIT FOR
UNADDRESSED CITY -OWNED PROPERTY
Planner Wall noted that based on the adoption of Ordinance 484, the City would also need to approve
the Interim Use Permit for the proposed off -leash dog area. The proposed off -leash dog area use would
be compliant with the policies and standards of the newly adopted code.
Staff recommended approval of the Interim Use Permit request based on the Findings of Fact that the
proposed project complies with the policies and standards of the City Code and is consistent with the
Comprehensive Plan, with the following conditions:
1. The interim use shall be terminated by December 31, 2020 or upon the properties being sold by the
City, whichever comes first, but may be renewed as provided for by the City Code.
2. The interim use permit is periodically reviewed to ensure compliance with the applicable codes and
policies and, if necessary, amended accordingly.
3. A fence permit is obtained.
Council requested that 'or revoked' be added to Condition 2.
August 4, 2015 Mendota Heights City Council Page 6
Councilmember Petschel moved to adopt RESOLUTION 2015-60 APPROVING AN INTERIM USE
PERMIT FOR UNADDRESSED CITY -OWNED PROPERTY as amended by Council.
Councilmember Duggan seconded the motion.
Ayes: 3
Nays: 2 (Povolny, Norton)
City Administrator McNeill clarified the costs which were estimated for establishing the dog area.
D) ESTABLISH DATE FOR CITY COUNCIL WORKSHOP AND SPECIAL MEETING
City Administrator Mark McNeill explained that there are two City Council Workshops scheduled, one
for Tuesday, August 18 and the other for Tuesday, September 1, to discuss the 2016 budget. He asked
the Council to consider an additional workshop not related to budget, to review the St. Paul Regional
Water Authority (SPRWA) contract and to review the Fire Station Feasibility and Programming Study.
It was suggested to hold a special Council meeting at this same time, to hold an official public hearing
for the Prime Therapeutics project. He suggested Monday, August 24 or Wednesday, August 26.
The Council agreed to Monday, August 24, starting at 4:30 p.m at City Hall.
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• MnDOT is hosting a community workshop on August 24, at 5:00 p.m., to talk about future
improvements to Smith Avenue and Dodd Road at Bad Weather Brewery, 414 West 7th Street,
St. Paul.
• A public thank you was extended to Great River Greening for hosting 25 volunteers from River
Valley Church who removed buckthorn and planted grasses on July 25. They cleared out 1,200
square feet of buckthorn and planted 70 sages and grasses at Valley Park.
• The summer concert series is wrapping up, only three more Wednesdays to go.
• Great River Greening will be hosting a volunteer opportunity on Saturday, October 3, at Dodge
Nature Center. Go to Great River Greening website to register.
• The City of Mendota Heights is hosting a blood drive on September 2, noon -6:00 p.m.
• Space is available for the Citizens Police Academy which begins September 17.
• The City is accepting applications for volunteer Fire Fighters. Applications are due August 21.
• Applications are being accepted for the Police Reserve Program, due by August 21.
COUNCIL COMMENTS
Councilmember Povolny noted that he enjoyed the Night to Unite events. He rode with the Fire
Department. Councilmember Petschel noted that she traveled with the Police Department.
August 4, 2015 Mendota Heights City Council Page 7
Councilmember Petschel commented on an issue that the Airport Relations Commission will need to
deal with, that being airport noise. Because of changes from the FAA, more runways are being used and
flight patterns have changed. Also, the voluntary restriction of flights times not occurring before 6:00
a.m. or after 10:30 p.m..is no longer being abided by, creating more night-time operations. Based on
that, the cities in the surrounding area have drafted a letter that the Noise Oversight Committee will be
sending to every person in charge of operations for their airline operating out of MSP airport.
Mayor Krebsbach noted that Liz Petschel has been re-elected to the Chair of the Noise Oversight
Committee (NOC). Her leadership has been valued and recognized.
Councilmember Norton reminded residents to lock their cars, take valuables out of cars, and do not
leave your car keys in your car. It is also a good idea to not leave your garage door opener in your car —
especially not in sight. Lock your service door between your garage and your home.
Councilmember Duggan noted that the Irish Fair is taking place this weekend at Harriet Island.
Mayor Krebsbach expressed her appreciation to everyone for the very appropriate events in memory of
Officer Scott Patrick on Thursday. Everyone did an outstanding job.
She also stated that she visited the John Hoene Ice Arena in West St. Paul. She shared a couple of
pictures. The rink should be ready to open by October 1St
Councilmember Petschel moved to adjourn.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach adjourned the meeting at 10:09 p.m.
C -&Rn"
1 Krebsbach
Mayor
A TEST:
Lorri Smith
City Clerk
August 4, 2015 Mendota Heights City Council Page 8