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2015-09-01 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 1, 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. The following members were present: 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 agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 City Administrator Mark McNeill asked that an item be added to the New and Unfinished Business portion of the agenda; 9e. Discussion of Bonfire for Halloween. Councilmember Norton moved to amend the agenda as requested. 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 Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items g) Scheduling a Joint Meeting with the Planning Commission. a. Approve August 18, 2015 City Council Meeting Minutes b. Approve August 18, 2015 Council Workshop Minutes c. Approve August 24, 2015 Special City Council Meeting Minutes d. Approve August 24, 2015 Council Workshop Minutes e. Acknowledgement of August 25, 2015 Planning Commission Minutes f. Approve Change of November 3, 2015 City Council Meeting Start Time to 8:00 p.m. g. Scheduling a Joint Meeting with the Planning Commission h. Approve Temporary Liquor License for St. Thomas Academy for Sept 23-25, 2015 i. Approve Ordinance 486 Establishing Parking Restrictions on Acacia Boulevard j. Authorization to Execute a Purchase Order for the Annual Street Striping Contract k. Approve Resolution 2015-68 Critical Area Permit at 2190 Glenhill Road, Planning Case 2015-31 1. Receipt of July 2015 Fire Department Synopsis Report m. Approve Claims List n. Approve Contractor List o. Receipt of July Par 3 Update p. Approve Treasurer's Report Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM G) SCHEDULING A JOINT MEETING WITH THE PLANNING COMMISSION Councilmember Duggan asked how the date of Thursday, October 29 at 5:00 p.m. is going to work for everyone. City Administrator Mark McNeill replied that it is just a matter of determining if anyone on the City Council has a conflict. Councilmember Petschel moved to approve a Joint Meeting of the City Council and the Planning Commission on Thursday, October 29 at 5:00 p.m. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS None scheduled. September I, 2015 Mendota Heights City Council Page 2 PUBLIC HEARING A) RESOLUTION 2015-66 VACATING A PORTION OF AN EASEMENT AT 1450 NORTHLAND DRIVE Assistant City Engineer Ryan Ruzek explained that the property owner at 1450 Northland Drive has submitted a request to vacate a portion of the drainage and utility easement on their property. They are looking to expand their parking lot for larger truck traffic. Staff has researched the drainage and utility easement and found no reason for it to exist and so is in support of vacating said easement. Assistant Engineer Ruzek then shared images of the proposed vacation area. He also confirmed that there are no public utilities in the area; however, the presence of private utilities has not been confirmed. Staff believes that the presence of private utilities is unlikely. Council asked questions regarding the nature of the easement. Mayor Krebsbach opened the public hearing and asked if anyone in the audience had any comments or questions. There being no one coming forward, Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt Resolution 2015-66 VACATING A PORTION OF AN EASEMENT AT 1450 NORTHLAND DRIVE UPON REQUEST BY THE PROPERTY OWNER. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-67 VARIANCE AT 1176 IVY HILL ROAD, PLANNING CASE 2015-26 Planner Nolan Wall explained the applicant was seeking to construct a deck which would require a variance from the R-1 district rear yard setback standards. It is the applicant's intent to construct a deck that would wrap around the west and northwest corners of the existing dwelling into the side and rear yards. Planner Wall shared images of the property and where the proposed deck would be. The Planning Commission originally heard this request at their July meeting but tabled action until the August meeting to allow the applicant to amend the request based on the discussion the Planning Commission had. The original request was for a 9 -foot rear yard setback variance. The amended request proposes to construct a 3.5 -foot wide walkway and landing deck in the rear yard and the compliant portions of the deck in the side yard; resulting in a reduction of the previously proposed encroachment by five feet. September 1, 2015 Mendota Heights City Council Page 3 Planner Wall shared the three standards for review and approval of a variance request and explained how this request fulfills those standards. Staff recommended approval of this request. Councilmembers asked questions regarding the conditions to be applied to this variance request and how far out relative to the upper deck would the proposed deck be. Mr. Robert Alvarez, 1176 Ivy Hill Drive was in attendance to answer questions from the Council. Councilmember Povolny moved to adopt RESOLUTION 2015-67 APPROVING A VARIANCE AT 1176 IVY HILL DRIVE. Councilmember Duggan seconded the motion Ayes: 5 Nays: 0 B) RESOLUTION 2015-69 CONDITIONAL USE PERMIT AND VARIANCES AT 1400 COMMERCE DRIVE, PLANNING CASE 2015-32 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to expand an existing outdoor storage yard and two Variances to allow outdoor storage within 1,500 feet of a residential zone and a screened open-air storage of materials. The subject parcel is three acres, zoned and guided for Industrial Development. The current existing office/warehouse building is vacant and has a non -conforming outdoor storage yard. Planner Wall shared images of the property and its location. The property was previously occupied by Lennox, who moved into a new building across the street. The proposed use is a permitted non -manufacturing use in the Industrial District as a Landscaping, Building, Design and Construction. A Conditional Use Permit allows outdoor storage for the permitted use, subject to thirteen conditions. In this case, the proposed expansion of the outdoor storage area does require the additional permitting. The proposed project does meet all but two of the required conditions, which is what the Variance requests addresses. Planner Wall shared a zoning map of the area outlining the 1,500 -foot residential buffer area. The residentially zoned property in this case is the Acacia Park Cemetery. Additionally, there are three residential uses that are within the buffer area; however, those are non -conforming uses and are actually zoned Industrial. The second variance request, the objective requiring the three -sided covered structure is to keep sites tidy in appearance and prevent material run-off issues. In this case, the proposed materials to be stored on site would be screened by a 6 -foot tall fence and those materials would not extend above the fence site line. In addition, the materials are already packaged and do not require coverage or containment; therefore do not present any run-off issues as would gravel, sand, mulch, etc. Examples of materials they plan to store on-site are rebar, vapor barrier, drain tile, and wire mesh and they would also be storing materials inside. September 1, 2015 Mendota Heights City Council Page 4 Planner Wall noted how this request fulfills the standards for approval of the Variances. The applicant proposes to install a slatted chain-link fence to provide screening for the storage area. The code requires 90% opacity for screening in the industrial and commercial zones. Although no specifications were provided for this specific fence, based on research done by staff most slatted fences only offer about 75% opacity, which does not meet that standard. Therefore, staff is recommending a solid wood fence, which is consistent with other surrounding properties. The applicant has accepted this recommendation. Staff recommended approval of this request. Councilmembers asked questions and had discussion regarding fencing versus landscaping, what were the standards required of Bituminous Roadways when they came into the Industrial area. Council proposed that a condition be added to the resolution requiring submission of a landscape plan to be approved by the City with the direction that the existing landscaping be supplemented to provide screening consistent with other properties in the surrounding area. Ms. Bobbi Curry, Senior Manager of Construction for HP Supply came forward and expressed their agreement to the added condition and their willingness to work with staff on a reasonable plan. Councilmembers asked additional questions regarding the height of the fence being agreeable to the applicant, the estimated hours of truck movement in the area, and the opacity requirements of the wood fence. Councilmember Duggan moved to adopt RESOLUTION 2015-69 APPROVING CONDITIONAL USE PERMIT AND VARIANCES AT 1400 COMMERCE DRIVE with the additional condition requested. Councilmember Povolny.seconded the motion. Ayes: 5 Nays: 0 C) WETLAND CONSERVATION ACT PERMIT — RYLAND HOMES, LEMAY SHORES Assistant City Engineer Ryan Ruzek explained that the City of Mendota Heights is the local government unit that administers the Minnesota Wetland Conservation Act. The Lemay Shores site submitted a delineation report that identified four wetlands on the site. During an inspection of the site, staff noticed disturbances to two of the wetlands. Site meetings were held with Dakota County Soil and Water Conservation District, the Department of Natural Resources, and Minnesota Pollution Control Agency. Consensus of the sites was that they were low quality wetlands and they requested that the developer submit an application for their unauthorized work in the wetland boundaries. Research identified that Wetlands 2 and 3 have been impacted. The reason stated for filling the two wetlands was to cap them as they had been used as a garbage dump for the cemetery for the past few years. The application submitted from Ryland Homes and Kjolhaug Environmental identify the two wetlands as being low quality and posing a public safety hazard due to their use as a garbage dump. September 1, 2015 Mendota Heights City Council Page 5 Kjolhaug Environmental is proposing to keep the wetlands capped and they have secured wetland credits from an approved wetland bank, which are going to be replaced at a 2:1 ratio. The wetland bank credits are of a higher value and function wetland within the same Minnesota River Watershed but they are not located in Mendota Heights. Assistant Engineer Ruzek then shared images of the affected areas. Staff recommended approval and acceptance of the application as submitted. Councilmembers asked questions and had discussion regarding the imposing of a fine in this case. Councilmember Duggan moved to approve and accept the application as submitted by Kjolhaug Environmental Services Company, Inc. on behalf of Ryland Homes and direct staff to issue the Notice of Decision on the report extension. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2015-65 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS PROJECT Assistant City Engineer Ryan Ruzek explained that staff has completed the feasibility report for the proposed 2016 street reconstruction and rehabilitation project, Mendota Road Improvements. The project includes reconstruction of Mendota Road from Oak Street to Delaware Avenue. Staff also proposed to rehabilitate Sibley Court, High Ridge Circle, and Warrior Drive. Staff has proposed to do this as one project to limit disturbance in the area. The property owners along Mendota Road were surveyed and there was a small portion that requested a parking lane. Staff is proposing a design similar to Victoria Road and Wagon Wheel Trail constructions. The rehabilitation to the neighborhood on Warrior Drive; staff proposed a 5 -foot wide concrete median going up the center of the road to limit some of the U-turns by the traffic. There will be openings in the median for the homes along Sibley Court and High Ridge Circle. Staff proposed to hold a neighborhood meeting on September 21, 2015 to present the information to the rehabilitation neighborhood. The assessments would be approximately $30,950 for the rehabilitation area, with a proposed assessment of $7,593 for the reconstruction area. The portion between South Lane and Oak Street was assessed $3,700 in 2002. Staff proposed to reduce the assessment to those six properties by that amount. Staff requested Council accept the feasibility report and schedule a public hearing for November 17, 2015. Councilmembers asked questions regarding the different proposals for Warrior Drive and when those proposals would be decided upon, the reasons for a median on Warrior Drive, and they requested that different median options and their costs be shared with the residents. September 1, 2015 Mendota Heights City Council Page 6 Councilmember Duggan moved to adopt RESOLUTION 2015-65 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507). Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 E) HALLOWEEN BONFIRE City Administrator Mark McNeill requested direction from Council on how staff should proceed since Halloween is next month. Staff has been advised that Paster Properties has all of their retail space sold and they are concerned about parking in their lot and asked the City to do parking control for the bonfire event. Concern was also raised on the type of items being dropped off for burning. Councilmembers had discussion on different options for parking and dropping off of brush if the bonfire is held on the property behind The Plaza. Administrator McNeill summarized by saying that staff would approach the neighboring businesses to get permission to use the area behind Walgreens as a temporary parking lot and open the community contribution for only one weekend, with the option to open it up another day or two if contributions are not enough. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • A blood drive is scheduled for September 2, 12:00 — 6:00 p.m. in the Council Chambers. • The 16th annual traditional Wacipi Pow Wow is scheduled for September 11 - 13 at the St. Peter's Church ground. • Residents can dispose of their electronics for free on September 12 at the Farmington Maintenance Center and on October 3 at the Burnsville Maintenance Center. • Submission of Police Reserve applications has been extended to September 11, 2015. • The Police Academy is full and begins on September 17, 2015. COUNCIL COMMENTS Councilmember Petschel gave an update on the most recent developments at the airport regarding the discontinuance of Convergent Operations. Simply, if a plane was coming in at the same time there was a jet taxiing down a runway and that plane took off — the plane that was landing had to abort due to being too close to each other in the same air space. There has not been an event at the airport. The FAA put all airports on notice that this type of operation needed to be suspended. September 1, 2015 Mendota Heights City Council Page 7 The problem is the arrival/departure window. At MSP, the FAA was using a 4 -minute window between the arrivals and the departures. They are going to start a 60 -day trial of using an 8 -minute departure/arrival window. This affects the airport's capacity because it slows down operations. Their solution is to move some of those departures to the other end of the runway. Councilmember Petschel wanted to make it clear that this would have absolutely no effect on the residents of Mendota Heights. Mayor Krebsbach expressed her appreciation to staff for all of their hard work on the budget workshops. She also thanked MSP for purchasing $40M worth of real estate in the Industrial Park. She noted that a thank you card received from some area residents expressing their appreciation for the Council's attendance at the Night to Unite events. ADJOURN Councilmember Povolny moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:19 p.m. City Clerk September 1, 2015 Mendota Heights City Council Page 8