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2011-03-01 City Council minutesMarch 1, 2011 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 1, 2011 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. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. Council, the audience and staff recited the Pledge of Allegiance. Mayor Krebsbach presented the agenda for adoption as presented. Councilmember Duggan moved adoption of the agenda as presented. Councilmember Vitelli seconded the motion. Councilmember Petschel moved approval of the minutes of the regular .meeting held on February 15, 2011. Councilmember Duggan seconded the motion. 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 item j approval of "RESOLUTION APPOINTING COMMISSION MEMBERS FOR 2011" for further discussion. a. Acknowledgement of the Minutes from the February 8, 2011 Parks and Recreation Commission Meeting b. Acknowledgement of the Minutes from the February 9, 2011 Airport Relations Commission Meeting Ayes: 5 Nays: 0 APPROVAL OF RESOLUTION APPOINTING COMMISSION MEMBERS FOR 2011 March 1, 2011 Page 2 c. Acknowledgement of the Minutes from the February 22, 2011 Planning Commission Meeting d. Approval of the January 2011 Treasurer's Report e. Approval of the December 2010 and January 2011 Building Activity Report f. Acceptance of the Resignation from Linda Shipton g. Approval of Temporary On-Sale Liquor License for St. Thomas Academy h. Approval of Contracts for Summer Field Trips i. Approval of 2011 Street Sweeping Bids j. Approval of "RESOLUTION APPOINTING COMMISSION MEMBERS FOR 2011" k. Approval of "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200711, MENDOTA HEIGHTS ROAD ROUNDABOUT" 1. Approval of the Contractors List m. Approval of the Claims List dated March 1, 2011 totaling $121,372.41 Councilmember Vitelli seconded the motion. Mayor Krebsbach noted we have seven new commissioners being appointed tonight and invited the commissioners present at the meeting to come forward and introduce themselves. Mayor Krebsbach noted the appointments of Mike Noonan, Howard Roston (not present) and Mary Magnuson to the Planning Commission. Mary Magnuson came before the council and explained she has been a resident of Mendota Heights for the past 15 years and resides in the critical impact area and is very excited to be a part of the Planning Commission. Michael Noonan came before the council and explained he has lived in Mendota Heights since 1999 and resides in the Copperfield neighborhood. Mr. Noonan continued he is a planner by profession and his love is with the field as he has spent his career dealing with planning, development and civic related issues. Mr. Noonan explained his involvement with the community began with the Dakota County Transportation Visioning Study and thanked the council for this opportunity to serve. March 1, 2011 Page 3 Mayor Krebsbach noted the appointments of Jim Neuharth, Kevin Byrnes and Gina Norling to the Airport Relations Commission. Jim Neuharth carne before the council and stated he lives on Pond Circle and has lived in Mendota Heights for about 25 years, is retired from 3M where he did work in health, safety and environmental areas and is looking forward to contributing his skills to the Airport Relations Commission. Gina Norling came before council and stated she has lived in the Furlong addition of Mendota Heights for the past five years, has been an engineer for the past ten years and is very disciplined in the planning process and how to execute to a plan. Ms. Norling continued that she is excited to be a part of the Airport Relations Commission since she does have air traffic overhead so it has become an interest of hers. Kevin Byrnes came before the council and stated he built a house on Wentworth last year near the park and has experienced airport noise therefore developed an interest in the Airport Relations Commission. Mr. Byrnes added he is an attorney working at Wells Fargo in regulatory compliance. Mayor Krebsbach noted the appointment of Mary McGrory -Usset to the Parks and Recreation Commission. Mary McGrory -Usset was not present at the meeting but Mayor Krebsbach noted McGrory -Usset previously served on the District 197 board. Mayor Krebsbach stated it was nice to see such a wide range of neighborhoods supported by the new commission members, thanked them for their service and added one of the city's best assets are the residents, who are so capable of serving. Councilmember Petschel stated they interviewed 13 candidates for the commission vacancies and each person's application was more stellar than the last and as a city we are so fortunate to have residents that are gifted with such amazing talents and such a desire to serve and expressed her gratitude. March 1, 2011 Page 4 Councilmember Duggan moved approval of RESOLUTION APPOINTING COMMISSION MEMBERS FOR 2011 as presented. Ayes: 5 Councilmember Vitelli seconded the motion. Nays: 0 PUBLIC COMMENTS There were none. UNFINISHED AND NEW BUSINESS RESOLUTION APPROVING A Assistant to City Administrator Sedlacek stated the CONDITIONAL USE PERMIT FOR conditional use permit was for an existing property located AN ACCESSORY STRUCTURE at 2155 Delaware Avenue. Mr. Sedlacek explained the GREATER THAN 425 SQUARE parcel is a non-conforming property with two residences FEET AT 2155 DELAWARE AVE located on the property. Mr. Sedlacek continued that the resolution would make one of the existing structures a conditional use in the form of an accessory structure, not a residence, thus bringing the property into conformance by having only one residence located on the parcel. Mr. Sedlacek stated the comments at the public hearing were limited to background information about the property from a previous owner. Assistant to the City Administrator Sedlacek continued the Planning Commission recommended approval of the conditional use permit with the conditions listed in the resolution. Councilmember Duggan inquired about the shared driveway access to the property and asked if there was an agreement between the parcel owners. Mr. Sedlacek stated he did not believe there was such a document and if an agreement were made it would be a private agreement that the city would not be involved in. Applicant Gerand came before the council and read and agreed to the following conditions; The building will not be utilized as a separate garage; The applicant will make changes to the building to accomplish the conversion per zoning and building code requirements; Any grading changes are subject to approval by the city engineer. Councilmember Petschel commended the applicants for preserving this beautiful home and keeping with the character of this piece of property. Councilmember March 1, 2011 Page 5 Povolny who had previously toured the property complimented how interesting and nice the property is. Councilmember Vitelli moved to approve a RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE GREATER THAN 425 SQUARE FEET AT 2155 DELAWARE AVE Ayes: 5 Councilmember Duggan seconded the motion. Nays: 0 APPOINTMENT OF TRAFFIC Director of Public Works Mazzitello explained the city's SAFETY COMMITTEE Traffic Safety Committee in effect since 2007 is charged REPRESENTATIVES with reviewing resident and staff requests regarding traffic and traffic safety issues. Mr. Mazzitello continued with the appointment of Mike Povolny to the council his seat on the committee is vacant and needs to be filled by another planning commission representative and they are recommending Litton Field. Mr. Mazzitello stated they are also asking council to appoint or re- appoint its representative previously held by Councilmember Vitelli and approve the staffing of the Traffic Safety Committee. Councilmember Duggan moved to approve Appointment of Traffic Safety Committee Representatives reappointing Councilmember Vitelli as the council representative and appointing Planning Commissioner Litton Field to Councilmember Povolny's vacancy. Ayes: 5 Councilmember Povolny seconded the motion. Nays: 0 RESOLUTION DEDICATING Director of Public Works Mazzitello stated Dakota RIGHT -OF -WAY TO County is proposing reconstructing Delaware Avenue from DAKOTA COUNTY Highway 110 Frontage Road to Marie Avenue converting Delaware from two lanes to three lanes and as part of the project the county is in need of right -of -way on both sides of Delaware Avenue to accominodate the additional width of the road. Mr. Mazzitello continued one of the parcels requested is owned by the city and Dakota County is offering fair market value of $11,000 for the property. Mayor Krebsbach inquired whether this would impact the ball field near the property to which Mr. Mazzitello stated the county has ensured it would not impact the outfield line March 1, 2011 Page 6 of the ball field and that a small retaining wall will be constructed eight or nine feet behind right field. Councilmember Vitelli moved to approve a RESOLUTION DEDICATING THE RIGHT -OF -WAY TO DAKOTA COUNTY. Ayes: 5 Councilmember Duggan seconded the motion. Nays: 0 COUNCIL COMMENTS Mayor Krebsbach wished to note that Councilmember Povolny's mother and brother were in the audience and welcomed them. Councilmember Duggan stated he attended a meeting presented by principals of Mendota Elementary and Friendly Hills this evening regarding potential changes to Mendota Elementary School and continued they are experiencing a financial shortfall and are anticipating ways to handle it going forward. Councilmember Duggan expressed his hope that networking and marketing would be enhanced for notification purposes with regard to this and noted an upcoming meeting on March 7, 2011 at 7:00 p.m. dealing with this issue. Councilmember Duggan expressed concern in that Mendota Elementary has been in existence in the city for more than 30 years. Councilmember Duggan wished to raise awareness to residents interested in this issue and encouraged them to attend Monday's meeting and provide input. Mayor Krebsbach noted Mendota Elementary is an excellent blue ribbon school and the residents have always supported District 197 and expressed her hope for keeping the school open. Councilmember Duggan asked that interested residents call the school district for further information at 651.403.7002 or go to the District 197 website. Councilmember Petschel added the parent group involved has a website regarding this issue on Facebook. Councilmember Povolny stated he received an email from a resident with regard to the issue and was unaware of it before this. Mayor Krebsbach expressed concern over the city's coyote population, stated she had a discussion with Chief Aschenbrener and asked staff to look into options of what March 1, 2011 Page 7 could be done about the coyote population. Mayor Krebsbach continued we have several coyote packs in the city. Councilmember Petschel stated her residence backs up to the Dodge Nature Center therefore they have been dealing with coyotes for years and have found the best way of getting rid of coyotes is by hazing them, a process of running out with pots, pans and whistles to scare them off and the coyotes if subjected to this often enough as in learned behavior will leave the area. Councilmember Petschel encouraged awareness of the coyotes so residents will provide for the safety of pets by keeping them on leashes and not leaving them in an unfenced yard. Councilmember Petschel continued the coyotes have made themselves very comfortable in urban habitats and although they are cowardly they are not spooked by human beings the way they used to be. Councilmember Viteili encouraged before staff spend a lot of time on this to first explore and define the extent of the problem. Councilmember Povolny stated it is not unusual for him to see seven or eight coyotes at one time from his residence on the ice of the pond at dusk. Mayor Krebsbach noted the coyotes are not an endangered species but encouraged we look into the issue and wanted to ensure residents are aware that this is under consideration. Mayor Krebsbach requested the addressing of coyote control be brought back to the next meeting. Mayor Krebsbach noted the council would be reviewing the RFP's for the planning commission and requested to hold the interviews on Wednesday, March 9, 2011 at 5:30 p.m. to which all councilmembers would be present and noted to advise Planning Commissioner Chair Norton of the date selected. Director of Public Works Mazzitello gave an update on plowing beginning with the President's Day snowstorm in which over 11 inches of snow fell and two plow trucks broke down allowing for longer response times than the residents have been accustomed to in the past. Mr. March 1, 2011 Page 8 Mazzitello noted both snow plow trucks have since been repaired and are in full use. Councilmember Petschel raised a concern about the date of the RFP interviews being held on the same evening as the Airport Relations Commission meeting. City Administrator McKnight responded he would handle Airport Relations Commission and Mr. Sedlacek would handle the RFP interviews. ADJOURN Mayor Krebsbach adjourned the meeting at 7:37 p.m