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2015-12-01 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting He1d Tuesday, December 1, 2015 Puxsuant to due call and notice, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hail, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:05 p.m. The foliowing members were present: 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 revised agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povoiny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approval of November 17, 2015 City Council Minutes and d) Acicnowledgement of September Par 3 Update. a. Approval of November 17, 2015 City Council Minutes b. Acicnowledgement of November 24, 2015 Planning Colnmission Minutes c. Acknowledgement of October 13 and November 10, 2015 Parlc & Recreation Minutes d. Acknowledgement of September Par 3 Update e. Approve Renewal of Tobacco Licenses f. Approval of Cell Tower Lease Agreement with Saint Paul Regional Water Service for use of the Water Tower g. Approval of a Master Partnership Contract with the State Department of Transportation 11. Acknowledge October 2015 Fire Synopsis i. Approve the Purchase of Turnout Gear j. Personnel Action Item k. Approval of October 2015 Treasurer's Report December 1, 2015 Mendota Heights City Council Page 1 1. Approval of Claims List m. Approval of Contractor List Counciimember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM A) APPROVAL OF NOVEMBER 17, 2015 CITY COUNCIL MI�IIJTES Councilmember Petschel moved to approve the amended minutes that show Counciimembers Duggan and Povolny as not in attendance at the last City Council meeting. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 (Povolny) Absent: 1 (Duggan) D) ACKNOWLEDGEMENT OF SEPTEMBER PAR 3 UPDATE Mayor Krebsbach noted the good results from the Par 3 this year. Sales totaled $154,933. Expenses totaled $116,379. The net profit was $38,554 year to date. Councilmember Petschel moved to acknowledge the September Par 3 Update. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS Mayor Krebsbach welcomed the Life Scout who was in attendance. PRESENTATIONS A) RESOLUTION 2015-92, APPROVING FINAL 2016 PROPERTY TAX LEVY AND BUDGET Finance Director Kristen Schabacker presented the proposed property tax levy and budget for 2016. She explained that thi.s last fail, the City refunded bonds which resulted in savings of approximately $30,000 for debt service payments. As a result, staff proposed adding bacic into the budget $10,000 for the cell amplifier for City Hall and $10,000 for smolce detectors and building security at City Hall which were both previousiy cut out of the budget. The final levy as presented was approximately $ l 0,0001ess than the preliminary levy certified to Dakota County. December 1, 2015 Mendota Heights Ciry Cour�cil 1'age 2 In November 2015, the county sent out notices to the residents regarding their proposed property taxes. To date, no calls with comments or concerns have been received. Ms. Schabacker reviewed the general fund budget and the tax levy. Final Levy -$7,406,399 (5.81% increase over 2015). Budget for all Funds -$12,647,076. Taxable Marlcet Value -$1,841,670,890 (5.91% increase over 2015). Proposed City Tax Rate — 35.222% (34.964% in 2015). It was noted that the average residential home value increased 6.22% over 2015. A$470,000 house in 2015 paid $1,717 in City taxes; that same home in 2016 would have a value of $500,000 and wouid pay $1,825 in City taxes (approximate increase of 6.3%). The median home value in Mendota Heights in 2016 is $334,700. Councilmembers asked questions regarding fiscal disparity estimate and tax capacity rate. There were no questions from the audience. Councilmember Povolny moved to adopt RESOLUTION 2015-92, APPROVING FINAL 2016 PROPERTY TAX LEVY AND BUDGET. Counciimember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC HEARINGS NONE NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-93, PRELIMINAR.Y/FINAL PLAT FOR CAR.OLINE'S LAKE VIEW SECOND ADDITION, PLANNING CASE 2015-39 Planner Nolan Wall explained that the applicants were requesting preliminary and final plat at 2270 Wagon Wheel Court. The property is part of two different plats and therefore must be replatted. The applicants own approximately three acres of land that is adjacent to Rogers La1ce. It includes parts of Lot 16 and 17 of the Caroline's Lake View Addition, as well as Outlot A of the Kipp Addition. The proposed preliminary and final plats would dissolve Outlot A and create two lots. One would contain the existing dwelling and the second lot would be for construction of a new single-family dwelling. The applicants have received buiiding permit approval to remodel the existing dwelling. They plan to sell the newly created parcel to another party to buiid on in the future. As proposed, Lot 1 would be 30,936 square feet and Lot 2 wouid include 100,632 square feet of land. Based on the R-1 district standards, both parcels, including the existing dwelling and the potential buiiding pad, would be compliant with the code and comprehensive plan. Decen:ber 1, 2015 Mendota Heights City Counci[ Page 3 A concept grading and utility pian shows a potential building pad on Lot 2, which would contain a dwelling with access off Wagon Wheel Court or Wagon Wheel Trail. The plan is required to show that a potential dwelling could be constructed on this parcel that would meet the code requirements and is not meant to bind the owner into a location or a design. Based on the location of the potential building pad on Lot 2, additional permitting would be necessaxy due to the proximity to the wetland. Planner Wall also noted that the code requires that subdivisions be designed so that no construction or grading would be conducted on slopes greater than 25%. He noted on the map where those slopes are; the potential building pad site is shown outside of that area and would be compliant. A condition of the approval included in the resolution does prohibit construction or grading on those slopes of Lot 2. Staff recommended approval of this request with conditions. Mr. Paul McGinley with Loucics Associates was in attendance representing the property owners and was available to answer any questions. Councilmember Petschel moved to adopt RESOLUTION 2015-93 APPROVING A PRELIMINARY AND F1NAL PLAT FOR CAROLINE'S LAKE VIEW SECOND ADDITION. Councilmember Povolny seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 (Norton) Absent: 1 (Duggan) B) RESOLUTION 2015-94, LOT L1NE ADJUSTMENT AND VARIANCE AT 754 AND 750 UPPER COLONIAL DRIVE, PLANNING CASE 2015-40 Planner Nolan Wall explained that the property owners of 754 and 750 Upper Colonial Drive were seelcing to adjust an interior property boundary line to resolve an encroachment. The request does require City approval prior to being recorded and it also requires a variance from the minimum lot width standard. The properties were piatted as lots 9 and 10 of the Cheny Hill Addition that was platted in 1960. The existing dwelling on Lot 9 encroaches onto Lot 10. In order to resolve that issue and a11ow for the sale of Lot 9, both parties have agreed to adjust the interior property boundary line. Lot 9 does not currently meet the R-1 district standards for the side-yard setbacic or lot width standards. As a result of the lot line adjustment, side yard setbacics and lot width non-conformities will be brought into conformance on 754 Upper Coloniai Drive. As a result of the line adjustment, Lot 10 would continue to meet the side yard setbacics standards; however, that lot would be reduced to 95.67 feet in width, which required a variance because the standard is 100 feet. December 1, 2015 Mendota Heights Ci.ry Coa�ncil Page 4 As part of a separate application to be considered on its own merits, the City is requesting a 1ot split and variances that would convey a portion of City owned property that is adjacent to Lot 10, that also has some existing encroachments. If it were approved and recorded accordingly, Lot 10 would then be brought into conformance with the appiicable zoning sta.ndards. Planner Wall explained the standards of review for vaxiance requests and how this request meets those standards. Staff recommended approvai of this request. Councilmembers asiced questions regarding cascading affects of this lot line movement. Councilmember Norton moved to adopt RESOLUTION 2015-94 APPROVING A LOT LINE ADJUSTMENT AND VARIANCE AT 754 AND 750 UPPER COLONIAL DR.IVE. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) C) RESOLUTION 2015-95, LOT SPLIT AND VARIANCES FOR A PORTION OF WENTWORTH PARK, PLAN]VING CASE 2015-41 Planner Nolan Wall explained that the City, as the applicant, is seeking approval of a lot split for a portion of property that lies within Wentworth Park, which requires several variances from the R-1 district standards. The property owners at 750 Upper Colonial Drive have requested to acquire a 4,400 square foot portion of City owned property that is adjacent to their eastern property line that is currently a part of Wentworth Park. That area does contain an existing driveway, landscaping, and fencing encroachments onto City property. If approved, this request would combine these areas and dissolve them into the existing parcei after being purchased and recorded. The existing dwelling was constructed in 1967 and, to the best of staff's lcnowledge those existing conditions have existed for several decades. The portion of Wentworth Park in this area was piatted as Outiots A and B of the Cherry Hill Addition Plat in 1960. It should be noted that the area in question does not contain any public improvements. The proposed lot split would temporarily create non-conformities with the R-1 district's minimum lot area, lot width, and driveway setback standards; however, upon being combined and dissolved those would be eliminated. Staff recommended approval of this request. Counciimember Norton moved to adopt RESOLUTION 2015-95 APPROVING A LOT SPLIT AND VARIANCES FOR CITY-OWNED PROPERTY. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Decentber I, 2015 Mendota Heights City Cozi�zcil Page 5 D) PURCHASE AGREEMENT WITH NORDINS (750 UPPER COLONIAL DRIVE) FOR A PORTION OF WENTWORTH PARK Pianner Nolan Wall explained this request is a result of the approval of Resolution 2015-95 and formalizes the purchase of property from the City to the property owner of 750 Upper Coloniai Drive. The purchase agreement has been reviewed by the City Attorney and ailows for the next steps to occur for the property to be sold to the private property owner in this case. Councilmember Petschel moved to APPROVE THE PURCHASE AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND BRIAN AND JAMIE NORDIN FOR A PORTION OF WENTWORTH PARK. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) E) RESOLUTION 2015-96, LOT SPLIT AND VARIANCE AT 789 RIDGE PLACE, PLANNING CASE 2015-42 Planner Nolan Wall explained the request to subdivide the parcel at 789 Ridge Place into two lots. It would require a variance to disturb slopes over 25%. The subject parcel is 34,841 square feet and contains an existing single-family dwelling which accesses Wachtler Avenue. If approved, the existing dwelling would be demolished and two new single-family homes would be constructed. The newiy created parcels would be 19,823 square feet and 15,018 square feet, both would have over 100 feet of frontage at the 30-foot setbacic line, and would be compliant with the applicable R-1 standards. According to the code, due to the size and orientation of those newly created parcels, front yard setbacics are limited to no more than one-third of the average lot depth, which compensates for the deep lots and the existing setbacks of the adjacent parcels. As shown on the surveys, this does influence the potential building pad on Parcel A. In order to ensure that the character of the neighborhood is preserved and due to the expansive front yard setbacics for adjacent parcels, staff recommended that Ridge Place be considered Parcel A's front yard with driveway access ofF either street. This would provide the most separation from the parcel to the north. Based on the minimum setbacic standards, there will be adequate buildable area for two new single-family dwellings. Those final setbacks wouid be determined as part of the building permit process. In reference to the lot split request, Councilmembers asked questions regarding the potential for having a house in the middle of two lots. Planner Wall expiained the variance request is to grade slopes over 25%. Staff believes that the intent of this standaxd is most likely to protect and preserve natural slopes, which is not believed to be the case in this application. He then shared the standaxds of review for variance requests and explained how this application addresses those standards. Decenzber 1, 2015 Mendota Heights City Council Page 6 Planner Wall highlighted condition seven of the resolution, which requires that the applicant submit landscaping plans, subject to approval by the P1aruling Depaa-tment as part of any building permit application. Staff recommended approval of this request. Councilmembers asked questions rega.rding height requirements for any new dwellings. The appiicant, Mr. Marlc Gergen of 1900 Oa1c Street, was present to answer questions of the Council. Councilmember Norton moved to adopt RESOLUTION 2015-96 APPROVING A LOT SPLIT AND VARIANCE AT 789 RIDGE PLACE. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) F) PRESENTATON BY BRIAN BIRCH REGARDING LOTS AT THE VILLAGE OF MENDOTA HEIGHTS City Adininistrator Mark McNeill explained that Mr. Birch approached hiin with questions about The Village and Town Center properties, for which he had an earlier affiliation. He requested to appear before the Council with a proposal and review of the some of the facts as he has them. Mayor Krebsbach noted that this presentation is in response to Mr. Birch coming up during public comments at the October 20, 2015 council meeting and after worlcing with staff. Mr. Brian Birch, 755 Willow Lane, explained that he was requesting the turn back of his property that was talcen from him in the early 2000's. He shared a inap showing a highway easement, the property that was talcen, and an image of the streets as they are now. He was requesting that the triangular piece not used for the street construction be returned to him. Mayor Krebsbach noted that this was adjudicated through the Dalcota County Courts and Mr. Birch was compensated and agreed to a compensation for that property. Mr. Birch asked if the other Councilmembers agreed with the Mayor. He referenced a document showing the discrimination that has happened to him since the inception of him having the property. Mayor Krebsbach referenced the settlement award dated September 30, 2003 where the City was ordered to pay Brian L. and Joyce L. Birch $ 1,215,000. Mr. Birch stated that the document referenced by Mayor Krebsbach is illegal. He referenced a document he claimed was created by City Attorney Winthrop & Weinstein, dated July 16, 2002, and he read Minnesota Statutes 471.345 Subsection 2, the definition of a contract. Mayor Krebsbach interjected that the Councii cannot rule on any legal matters at this meeting. The Court document titied "Stipulation of Settlement and Award in Condemnation as to Parcels lA, 2, and 2A" he signed was dated September 30, 2003. Mr. Birch claimed that he was unaware of the July 2002 document and so the agreement he signed in 2003 was illegal. Mr. Birch put the City on notice that he was going to sue for discrimination and breach of contract. December 1, 2015 Mendota Heights City Cottncil 1'ab'e � G) RESOLUTION 2015-91, AUTHOR.IZE SANITARY SEWER USAGE RATES BEGINNING FIRST QUARTER 2016 Public Works Director John Mazzitello explained that staff reviewed the sanitary sewer fund and the current rates. They have determined that a rate increase is necessary for 2016. The current residential base rate for sanitary sewer is $63.75, which is billed for the first 15,000 gallons of water consumed per residential customer. For every 750 gallons beyond that, residents are cw�rently charged an additional $2.25. The largest portion of the sanitary sewer budget is based on the rate charge that Metropolitan Council Environmentai Services (MCES) bills the City, which is for conveyance and treatment of sanitary sewage. The rate increase proposed for 2016 is 2%. With the 2% increase, the sanitary sewer fund through the next several years would retain an account balance of approximately $300,000. When questioned, Finance Director Kristen Schabacker indicated that this is not an excessive rate increase. Councilmembers asked questions regarding the rate increase being a direct response to the Metropolitan Council's rate increase and not driven by the City and the standard operating practice for sewer cleaning and televising. Councilmember Petschel moved to adopt Resolution 2015-91, AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING 1N THE FIRST QUARTER OF 2016. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) RESOLUTION 205-98 APPROVE SPECS, ADVERTISEMENT FOR BIDS FOR PURCHA SE OF DUMP TRUCK Public Worlcs Director John Mazzitello explained this resolution would authorize bidding for a 2.5-ton, single-axle dump truck for the Public Worlcs Department. The bid opening would be held Januaxy 7, 2016. Councilmembers asked if this bid would include the truck body build or how the other parts (plow, lights, etc.) are purchased. Mazzitello stated that the accessories are purchased separately. Councilmember Petschel moved to adopt Resolution 2015-98, APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A DUMP TRUCK. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Decernber 1, 2015 Me�zdota Heights City Council Page 8 I) SET WORKSHOP MEETiNG DATES City Administrator Marlc McNeill shared potential goal setting workshop meeting dates for 2016. Typically these worlcshops are held in January with a foilow-up in May. This year there is also going to be a financiai sumnlit. McNeill noted that Councilmember Duggan would be available to attend a meeting on January 4, 2016; however, he would not be available again until mid-Apri12016. By consensus, the goal-setting workshop meeting was scheduled for January 4, 2016 from 1:00 — 4:00 p.m. The Financial Siunmit was scheduled for February 9, 2016 from 1:00 — 4:00 p.m. Commission interviews will be held on February 2, 2016 before the Council meeting. J) CONSIDERATION OF AMENDMENT TO PUD AGREEMENT WITH MENDOTA MALL ASSOCIATES, LLP Planner Nolan Wall explained that the original Planned Unit Development (PUD) Agreement with Mendota Mail Associates, LLP. was signed in 2009 and was part of the Mendota Piaza Redevelopment Project. Exhibit H of that agreement inciudes various design standards for the development itself, some are related to signage. Those are requirements that are specific to the development and may not be consistent with code requirernents. The PUD agreement would supersede what the code says. In conjunction with the opening of the Fresh & Natural store in the Mendota Plaza, Paster Properties is requesting to erect an inflatable, 20 feet tall, snowman and a separate 48 square foot sign along Highway 110 to promote the store's opening. Based on the existing PUD agreement, it appears that the inflatable snowman is permitted in conjunction with a grand opening. However, the PUD Agreement allows for temporary signage but it does not contain any specific standards. As a result, the Code requirements would apply, which states no more than one temporary sign on any lot, total area not to exceed twenty- five square feet, and not to exceed 90 days. Based on this request, staff brought forward a proposed amendment to the PUD Agreement, which wouid create standards specific to temporary signage within the Mendota Piaza Development that would potentially accommodate their desire to locate the sign in that area. Planner Wall reviewed the proposed amendment to the PUD Agreement. Councilmembers asked questions regarding automated lnovement of the temporary sign. Mr. John Coiler, architect with Paster Properties, came forward to answer questions from Council. Ms. Jessica Peterson from the marlceting department of Paster Properties was also available. Counciimember Povolny moved to approve THE PROPOSED AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND MENDOTA MALL ASSOCIATES, LLP, SUBJECT TO THE DRAFTING OF A FORMAL AMENDMENT TO BE REVIEWED BY THE CITY ATTORNEY. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Decembe�� 1, 2015 Mendota Heights City Council 1'age 9 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • l Ot�' Annual Tree Lighting Ceremony is on December 5 at The Village from 4:00-7:00 p.m. • Appiications axe being accepted for various Commission vacancies. Resumes and letters of interest are due by Monday, December 28, 2015. • City Hall will be a drop off site for Toys for Tots. The deadline is December 18, 2015. COUNCIL COMMENTS Mayor Krebsbach noted the passing of Danny Commers who developed Roseville Properties, located across Highway 110. He was also a great benefactor to St. Thomas Academy with the hocicey rink and to Convent of Visitation. : � • : ►I Councilrnember Petschei moved to adjourn. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Krebsbach adjourned the meeting at 8:46 p.m. !-� i���/!/G�._.. �---"��. � andra Krebs� Mayor TEST: , Lorri Smith City Cierk December 1, 2015 Mendota Heights City Council Page 10