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2012-08-07 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 7, 2012 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. The following members were present: Councilmembers Duggan, Povoiny, 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. 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) Acknowledgement of July 24, 2012 Planning Commission Minutes; H) Approval of Conditional Use Permit for Wireless Facility, Planning Case 2012 -25 ISD 197 and Sprint Communications; J) Approval of Resolution Calling for Sale of General Obligation Improvement Bonds for 2012 Street Improvement Projects; K) Accepting of Feasibility Report for Crown Point & Overlook Neighborhood Rehabilitation; M) Approval of Traffic Safety Committee Recommendations; and Q) Approve the Claims List a. Acknowledgement of July 17, 2012 City Council Workshop Minutes b. Acknowledgement of July 17, 2012 City Council Minutes c. Acknowledgement of July 24, 2012 Planning Commission Minutes d. Approval of Sign Permit at 1408 Northland Drive — Tailored Living e. Receipt of June 2012 Fire Department Synopsis Report f. Approval of Fire Permit —13th Annual Wacipi, St. Peter's Church g. Approval of Banking Authorization Signatory Change August 7, 2012 Mendota Heights City Council Page I h. Approval of Conditional Use Permit for Wireless Facility, Planning Case 2012 -25 ISD 197 and Sprint Communications i. Approval of Par 3 Seasonal Hires j. Approval of Resolution Calling for Sale of General Obligation Improvement Bonds for 2012 Street Improvement Projects k. Accepting of Feasibility Report for Crown Point & Overlook Neighborhood Rehabilitation 1. Approval of Resolution Accepting Work and Approving Final Payment for the Wagon Wheel Trail Neighborhood Improvements m. Approval of Traffic Safety Committee Recommendations n. Receipt of June 2012 Treasurer's Report o. Receipt of July 2012 Building Activity Report p. Approve the Contractors List q. Approve the Claims List Councilmember Viteili seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA TOPICS C) ACKNOWLEDGEMENT OF JULY 24, 2012 PLANNING COMMISSION MINUTES Mayor Krebsbach spoke briefly on the zoning amenchnent pertaining to the new property maintenance code for commercial and industrial properties. She explained that the council wants the Planning Commission to have a thorough discussion on this item with no arbitrary timeline or hidden intent; the council wants them to debate it, make a recommendation, and move it on. Assistant to the City Administrator Jake Sedlacek stated the Planning Commission has discussed the planning application by the City of Mendota Heights regarding a property maintenance code for commercial properties at three meetings. The Planning Commission tabled the item twice previously; however, at the July 24 meeting they had an in -depth discussion about their particular concerns. Staff hopes to have this before the Council in September with the Plamiing Commission's recommendation. Councilmembers Petschel and Duggan explained they had read or watched the Planning Commission session and believe they are malting progress on this issue and understand the reasoning behind tabling it. Councilmember Duggan moved to Acknowledge the July 24, 2012 Planning Commission Minutes. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 August 7, 2012 Mendota Heights City Council Page 2 H) APPROVAL OF CONDITIONAL USE PERMIT FOR WIRELESS FACILITY, PLANNING CASE 2012 -25 ISD 197 AND SPRINT COMMUNICATIONS Councilmember Duggan questioned the concept of `modification' versus `replacement'; however, after reading through the notes he realized that it is actually both modifications and replacements so that has been resolved. Councilmember Duggan also expressed concern that the antenna is to be six feet rather than the four feet permitted in the city ordinance. The city has been assured that the antenna will not be visible. He asked if there is any recourse if it turns out that it is visible. Councilmember Petschel pointed out that item two of the Conditional Use Permit does cover this issue because it states, "The proposed antenna and accessory equipment modifications are consistent with the intent of the conditional use permit criteria allowing such features." Councilmember Duggan moved Approval of Conditional Use Permit for Wireless Facility, Planning Case 2012 -25 ISD 197 and Sprint Communications. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 J) APPROVAL OF RESOLUTION CALLING FOR SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS FOR 2012 STREET IMPROVEMENT PROJECTS Mayor Krebsbach explained that the Councilmembers had before them a revised document; the major change being that the total amount being bonded for is $2,655,000. The reasons for that were outlined on page one. Finance Director Kristen Schabacker explained there were two changes from the report in the Council packet and what was before them. Originally, the Marie project was listed as a reconstruction and it is actually rehabilitation so the assessments are over ten years versus nineteen years with a reconstruction. The total amount of the bonds increased by $15,000 and staff will not be levying an amount for these bonds in 2013 but in 2014, as done in the past. Councilmember Duggan moved Approval of Resolution Calling for Sale of General Obligation Improvement Bonds for 2012 Street Improvement Projects as changed. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 August 7, 2012 Mendota Heights City Council Page 3 K) ACCEPTING OF FEASIBILITY REPORT FOR CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION Councilmember Petschel asked City Engineer John Mazzitello to clarify the feasibility report. City Engineer Mazzitello explained that as part of a street rehabilitation project under Minnesota Statute 429, the first step in that process is the production of a feasibility report, which helps determine the economics of the project. The feasibility report before the Council was for two projects proposed for the 2013 construction season, the Crown Point Neighborhood (located off of Highway 110) and the Overlook Neighborhood (just north of Marie and east of Lexington). City Engineer Mazzitello explained that these subdivisions are quite aged, their roadway surfaces are in need of replacement, and the feasibility study outlines the construction cost estimate and proposed residential assessments that would come with these projects. The total construction cost estimate for both projects combined was estimated at $761,211.25. Staff proposed a unit assessment for the neighborhoods of $3,650, which is consistent although not identical with other rehabilitation assessments done in the past. Should Council accept the feasibility report, the following steps would begin: 1. Staff would begin producing design plans 2. Neighborhood meetings would be held 3. Public hearing at City Council would be held 4. Should Council choose to do so, they would order the final plans and specifications If the project development process follows as scheduled, staff would open bids in March 2013 and award a contract in April 2013 for a May to June construction start, ending later that summer, and then hold an assessment hearing in October 2013. Councilmember Petschel asked if the reason for combining the two projects into one was to get a better bid. City Engineer Mazzitello replied in the affirmative. Mayor Krebsbach asked for a listing of the projects anticipated for the 2013 construction season, which City Engineer Mazzitello verbally provided. Mayor Krebsbach asked if the Public Works Department has the capacity to do all of the projects, which City Engineer Mazzitello replied that they do have the capacity. She also asked if the bonding / debt load was appropriate, which Finance Director Schabacker replied in the affirmative. Councilmember Petschel moved Acceptance of Feasibility Report for Crown Point & Overlooks Neighborhood Rehabilitation. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 August 7, 2012 Mendota Heights City Council Page 4 M) APPROVAL OF TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS City Engineer John Mazzitello explained that the Traffic Safety Committee met on July 17, prior to the Council Workshop. They heard seven issues at the meeting, three of which were follow-ups from previous meetings and four were new issues. Follow-up Issues: 1. Request for a stop sign at James and Douglas — determination was made that the current yield sign could be more visible if the right-of-way area on the north side of Douglas were to be cleared; however, it would create a substantial difference in the neighborhood for that block versus the rest*of the neighborhood. The committee recommended installing another yield sign on the opposite comer that can be seen by approaching traffic. 2. Speed and pedestrian safety on Sylvandale Road — this was a sight distance analysis issue and after looking at Sylvandale, staff found two areas where the sight distance is limited, one of which was at the comer of Emerson and Sylvandale traveling north and the second was at Sylvandale and Laura. Both of these locations have a very sharp curve and there is a home that obstructs the view around the curve on Sylvandale and Laura. Both of these roadway curves slow down traffic to navigate the curves. It was the committee's determination that there were not any modifications for signage needed on Sylvandale at this time. 3. Pedestrian crosswalk on Lexington Avenue at Victoria Road — held to the end of this discussion to allow the residents in attendance to speak. New Issues: 1. Request for speed limit signage at the Summit Development, which is on Highway 13 and Wachtler. The homeowners association contacted staff concerned about the speed of traffic cutting through the development. The committee recon-imends putting Summit on the speed cart list, doing some speed monitoring, and providing those results to the association. 2. No parking request for the north side of Pueblo Lane, adjacent to Friendly Hills Park — request was made by the Mendota Heights Police Department — similar to the parking scheme on Mendakota Drive, across from the Mendakota Park. The committee endorses the idea; however, before bringing an ordinance forward to City Council, the committee suggested notifying the affected property owners that would be in the area of the no parking area to get their opinion. 3. No parking request on Concord Way at Heritage Drive, requested by a resident of the Kensington Development. Concern is for pedestrian traffic coming out from in between parked cars and that a no parking area would increase pedestrian safety. A previous request from another venue was to decrease speed on Concord Way. Creating a no parking area tends to increase speed. The committee found that these two requests indirectly conflicted with each other. The recommendation of the committee was that issues be sent back to the three associations in the Kensington Development and have them bring forward a request of what they would want. 4. Installation of a traffic signal at Dodd Road and Wagon Wheel, due mainly to concerns for pedestrians and bicycles crossing from Wagon Wheel to Decorah. It was noted that Dodd Road is a state road. The city could request MnDOT look at the potential for a signal. City Engineer Mazzitello has had an informal discussion with the south area manager for MnDOT and she is not very encouraged that a signal would be approved at that intersection due simply to the disparity in traffic between Dodd, Wagon Wheel, and Decorah. August 7, 2012 Mendota Heights City Council Page 5 Comments and suggestions were made by the Councilmembers, which the committee will follow -up on. Councilmember Petschel moved Approval of Traffic Safety Committee Recommendations with the exception of Follow -up Issue Number Three, Pedestrian Crosswalk on Lexington Avenue at Victoria Road. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Pedestrian crosswalk, on Lexington Avenue at Victoria Road — two trails meet at this intersection, one from Lexington Avenue and one from Victoria Road. This intersection is three full traffic lanes wide — one lane in each direction and a left turn lane. The request was that the crosswalk be striped. There are two accessible ramps but no striping. Lexington Avenue is a county road. Dakota County conducted a speed study and concluded that because traffic is in excess of forty miles an hour going through this intersection, with three traffic lanes, striping would constitute an unsafe crosswalk because striped crosswalks tend to give pedestrians a false sense of security. However, the county engineer did suggest an alternative of installing a concrete raised median in the center of Lexington Avenue, up to the Victoria Road intersection. The southbound and northbound traffic would be able to continue to flow through. The median would provide a safe haven for pedestrians so they would only need to wait for one lane of traffic to clear before crossing, then they could wait at the next lane for traffic before continuing. If this option were to be constructed, there would be a new ramp installed facing west to access Victoria Trail and the raised median and the crosswalk would be striped to connect the two trails. Should this option be chosen, the left turn lane would be eliminated. Left turns would still be allowed out of the southbound lane to eastbound Victoria. The Traffic Safety Committee recommends malting the formal request to Dakota County to construct the alternative. The city would be obligated to pays forty-five percent of the construction cost. The county would pay fifty -five percent of the construction cost and would add this project to their capital improvement program. The county has not completed a detailed estimate; however, based on a $60,000 construction cost, the cost to the city would be $25,000. Mr. Jonathan Ehrlich, 1044 Douglas Road, supported enthusiastically the recommendation of the Traffic Safety Committee. He crosses this intersection many times with his two small children and validated the concerns with pedestrian safety. Councilmember Povolny requested that signage be included in the crosswalk request to the county. Councilmember Duggan moved to Approve the Traffic Safety Committee Recommendation. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 August 7, 2012 Mendota Heights City Council Page 6 Q) APPROVE THE CLAIMS LIST Councilmember Duggan expressed concern with the school district receiving approximately $18,500 every year for maintenance agreements. He asked how long the agreement is for. City Administrator Justin Miller replied that this agreement was approved in 1997 and runs through 2030. Councilmember Duggan requested additional information on what the process is to reserve the fields and courts the residents are entitled to. City Administrator Miller will provide that information and what exactly the monies paid by the city are used for. Councilmember Duggan moved to Approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2012 -24, WETLANDS PERMIT FOR SINGLE FAMILY HOME, 755 WENTWORTH AVENUE Assistant to the City Administrator Jake Sedlacek explained this request is in regard to a parcel of property north of Wentworth and east of Wachtler Avenue. The new owners of this site are seeking to construct one single family home on the lot in the same general area as the previous building, which has been removed. The new construction would be within one hundred feet of the creek so a wetlands permit would be required. After answering questions in regards to the size of the lot, the location of the wetlands, the potential for subdividing the parcel, and the best location for the new construction, Assistant Administrator Sedlacek stated that staff has found that this home, as proposed, does not have a negative impact on the wetland. The general contractor for the project, Mr. Al Maas from Maas Construction / Meadowcroft Homes was present to answer questions. Mayor Krebsbach asked if the property owner plans to subdivide the property. Mr. Maas replied that he was unaware of any subdivision plans. Mayor Krebsbach asked if the property owner had looked at moving their home further away from the creek. Mr. Maas replied that the location was chosen to take full advantage of the lot, the views, the sun, the topography, etc. and it was determined that this is the best location for the home. Councilmember Vitelli moved Adoption of a Resolution Approving a Wetlands Permit for a Single Family Home at 755 Wentworth Avenue. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 August 7, 2012 Mendota Heights City Council Page 7 B) PLANNING CASE 2012-23, CRITICAL AREA PERMIT FOR SINGLE FAMILY HOME, 1256 WACHTLER AVENUE Assistant to the City Administrator Jake Sedlacek explained that staff received a request from the property owner to demolish the home that existed at 1256 Wachtler Avenue. The property is located on Wachtler Avenue, just south of Highway 13 and was used previously as a single-family residential site. The new owners are proposing to construct a single family residential home. The proposed home would be located in the critical area and needed to be reviewed to ensure there would be no negative impacts on the Mississippi River in terms of the natural resources and aesthetics. This home would not be visible from the river so the aesthetics would not be a big impact. They would be using natural materials as required by code. In terms of the impact on the river, it is a fairly small home to be constructed on a very large lot and located at the base of the hill, a fairly flat area just off of Wachtler Avenue. The owners are aware of the setbacks in the area and are making sure this home complies with all codes. Staff recommended approval of the critical area permit for the single family home and the Planning Commission made findings to support that conclusion. Councilmember Duggan moved Adoption of a Resolution Approving a Critical Area Permit to Construct a Single Family Home at 1256 Wachtler Avenue. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 C) PLANNING CASE 2012-22, WETLANDS PERMIT, 953 WAGON WHEEL TRAIL Assistant to the City Administrator Jake Sedlacek stated that last month staff received a request from the owner to reconfigure the lot lines in order to put two homes on dry land. The applicant is seeking to build a single family home on the lot, which would be within one hundred feet of a wetland. The home is bordered on the west by a wetland and is proposed to be twenty-five feet from the edge of the wetland. These twenty-five feet would be maintained as a buffer with minimal grading to help create the housing pad but the area would be vegetated. The applicant is requesting egress down to the edge of the water so they can take advantage of living on a pond. The Planning Commission concluded this would not have a negative impact upon the wetland. The wetland permit for the house would be to allow for a housing pad as shown in the application. The engineering staff would then address further detail as it would for any other single family home for grading and land disturbance guidance. Staff recommended approval of the wetland permit. The Planning Commission came up with findings supporting that recommendation. Mr. Greg Quehl, 1361 Riverside Lane, is the applicant and stated he is proposing a ten foot six inch area between the house and the wetlands. That area would be re-landscaped with a swell created between the house and the pond to prevent any sediment from going into the pond. August 7, 2012 Mendota Heights City Council Page 8 Councilmember Povolny moved Approval of a Resolution Approving a Wetlands Permit at 953 Wagon Wheel Trail. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 D) LICENSE TO USE RIGHT-OF-WAY, QUEHL SUBDIVISION Assistant to the City Administrator Jake Sedlacek explained that Mr. Greg Quehl is requesting to use the existing unimproved right-of-way to the east of the parcel located at 953 Wagon Wheel Trail as a driveway. Staff recommended the city issue a license to the property owner to use the driveway, but it is at their own risk in terms of any improvements they make to it. The city would retain its right for potential development. Mayor Krebsbach asked what are some of the issues with these types of licenses. City Attorney Tami Diehm replied that from the city's perspective, the license is a very safe way to proceed since the license is revocable. Councilmembers asked questions in regard to the lot access should the license request be denied and if the issuing of this license would create a flag lot; both of which were answered satisfactorily. Councilmember Duggan moved to Approve Execution of a License to Utilize Unimproved Right-of- Way Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli stated there was a monthly Par 3 Golf Course meeting and everything is very much in order. Revenue year-to-date has exceeded cost by $11,000, mainly due to the efforts and work by City Administrator Justin Miller, Assistant to the City Administrator Jake Sedlacek, and others. Assistant Administrator Sedlacek commented the Par 3 Golf Course hosted the Minnesota Section of the Junior PGA Beginners Tour for the fifth year in a row. Councilmember Petschel commented the Night to Unite was a great event and it was wonderful to see the neighborhoods gathering. August 7, 2012 Mendota Heights City Council Page 9 CLOSED SESSION TO DISCUSS LITIGATION REGARDING SCOTT AND PHYLLIS MILLER ASSESSMENT APPEAL Mayor Krebsbach stated that, pursuant to Minnesota Statute 13.d.03, council would be going into closed session. Councilmember Duggan moved to adjourn to Closed Session to Discuss Litigation Regarding Scott and Phyllis Miller Assessment Appeal at 9:28 p.m. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 The following were present:Mayor Krebsbach, Councilmembers Duggan, Povolny, Petschel, and Vitelli, City Administrator Miller, Public Works Director/City Engineer Mazzitello, City Attorneys William Bernard and Tami Diehm. Mayor Krebsbach adjourned the closed session meeting at 10:15 p.m. SaAra Krebsbach Mayor PT-) ATTE7i" . Lorri Smith City Clerk August 7, 2012 Mendota Heights City Council Page 10