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2016-09-06 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 6, 2016 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 Petschel 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, pulling item m.) Approval of Claims List. a. Approval of August 16, 2016 City Council Minutes b. Approval of August 23, 2016 City Council Workshop Minutes c. Acknowledge August 23, 2016 Planning Commission Minutes d. Approve Right -of -Way License Agreement for Visitation Monastery e. Approval of contract for Mendakota Park Basketball Court Improvements f. Authorization to Seek Professional Services Contract for the 2017 Rehabilitation Project Kensington Neighborhood & Mendota Heights Road g. Authorization to Seek Professional Services Contract for the Ridge Place Sewer Reconstruction h. Approval to Purchase Pagers for Fire Department i. Authorize the Hire of Tamara Schutta as Temporary Human Resources Manager j. City Administrator Out of State Travel Request September 6, 2016 Mendota Heights City Council Page 1 k. Acknowledgement of Building Activity Report 1. Acknowledgement of July 2016 Fire Synopsis m. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM M) APPROVAL OF CLAIMS LIST In regards to the Claims List, Councilmember Duggan questioned the payment to Fleet Services for a damaged squad car in the amount of $16,250. He asked if there was any insurance coverage Finance Director Schabacker replied that there was insurance coverage with a deductible of $10,000 per occurrence. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Ms. Mary Winiecki, 2360 Kressin Avenue, addressed the Council in regards to the intersection of Dodd Road and Lake Drive. This is a city bus stop and cars traveling north on Dodd Road are passing on the shoulder to get around cars that are turning left onto Lake Drive. She requested that a 'No Passing on Shoulder' sign be installed. City Administrator Mark McNeill noted that Dodd Road is a state highway, however, city staff can make MnDOT aware of the concerns. Mayor Krebsbach requested that Assistant City Engineer Ryan Ruzek place a call to MnDOT and relay the concerns and request a sign be installed. PRESENTATIONS A) MINNESOTA VIKINGS DEVELOPMENT UPDATE Mr. Lester Bagley, the Vikings Executive Vice President of Public Affairs, explained that there are exciting things happening with the Minnesota Vikings The development in Eagan is a 200 -acre parcel. It is an ideal site, being close to downtown St. Paul, downtown Minneapolis, as well as MSP Airport. They are very excited to be relocating to the east metro. The Wilf Ownership Group and the Vikings front office have been working over the last couple of years in researching the next step in the evolution of the team headquarters. They believe that this parcel is ideal as it allows them the opportunity to consolidate the staff, which is currently in three different September 6, 2016 Mendota Heights City Council Page 2 locations. They also have a vision of creating a Vikings destination and a fan friendly and family friendly environment. Included in that is a destination for youth sports and community activities. Mr. Steve Poppen, Vikings Team Executive Vice President & Chief Financial Officer, shared an overview of the site plans. The site has been zoned for multi -family, commercial office, and retail. Mayor Krebsbach noted the zonings were approved by the City of Eagan. Mr. Poppen shared that to the north of the site is I-494 and Dodd Road is to the west. Northwest Parkway will be renamed to Vikings Parkway. Vikings Parkway has been redesigned to dip down south and come out onto Ames Crossing. Mr. Poppen walked through the different uses and the purposes of the different uses. Included in the development will be commercial offices, a limited service hotel, multi -family housing, commercial and retail spaces, and green space with trees, trails and ponds. The center of the site will be the anchor tenant — the Minnesota Vikings Football Club. Twin Cities Orthopedic has partnered with them on the naming rights of the facility. They are also working on including a medical office building for them on this site. Mr. Poppen shared details about the practice facility. On the west side are four fields, which are going to be outdoor grass fields. The two northerly fields are going to be heated fields, giving them the ability to start their workouts early in the spring and go longer into winter. The two southerly fields will be used throughout the year; their main focus would be youth activities. In the center is the stadium, which is set into a natural depression providing good views of the lake and the trail system. They have designed a 6,000 seat stadium, designed for athletic events; football, soccer, lacrosse, rugby, etc. The stadium has a press box area, administrative wing, housing for football operations, locker room, hydrotherapy, weight rooms, coaching staff, scouting staff, administrative offices, meeting rooms, a 100 -yard football field that will be higher so they can punt inside, player parking, staff parking, full service cafeteria, 4,000 square foot area to host events, and the Viking Entertainment Network (VEN). They will be able to produce the content that they provide to social media and their apps in-house. They can also use these areas for broadcast training for students. Mr. Poppen shared concept photos of the indoor practice facility, stadium, administrative offices, the grass fields, plaza area of the stadium, training areas, and VEN. He explained that they do have the ability to expand the stadium to 10,000; however, there are no plans to do that at this point. Mayor Krebsbach expressed her appreciation that they placed the stadium where it is because in that location it should not affect Mendota Heights residents. Councilmember Duggan asked if there would be enough parking spaces for a high school football game with 6,000 fans present. Mr. Poppen replied that when fully developed, there would be enough parking spaces on site to serve an event in the facility. The intent is to utilize all the parking areas for the events. They also plan on installing a pedestrian bridge to allow folks to walk from the east side parking area. Councilmember Duggan asked if they plan to use solar panels to provide power. Mr. Poppen replied that they are looking at different options but have not come to a conclusion. September 6, 2016 Mendota Heights City Council Page 3 Councilmember Povolny asked where Vikings Parkway will lead out to on the east side. Mr. Poppen replied that currently there is no road there; however, their intention would be that it would connect to Argenta at some point. Councilmember Norton asked how many phases are planned for this development. Mr. Poppen replied there would be multiple phases, but it is believed that Phase 1, which is the practice facility in the heart of the development, would be completed by March 1, 2018. They believe there would be a 10-15 year build -out period. Councilmember Povolny asked if spring training would occur in Mankato or here. Mr. Poppen replied that they currently have a contract with the City of Mankato and the Minnesota State University; however, they would need to figure out the transition as they go. Mayor Krebsbach asked, in regards to the height of the building and the lighting of the sign on the side of the building, how late into the night would the sign be lighted. Mr. Poppen replied that there would be signage on the north side, however he stated he did not know whether or not residents of Mendota Heights would be able to see the illuminated signs. The intensity would be very standard that could be seen from Interstate 494. Mayor Krebsbach explained that she wanted to make sure the residents were aware of the project and that they may be able to see this building. She also noted that the City views this as a real plus for Mendota Heights, which will bring great opportunities to the City's Industrial Park. Mayor Krebsbach noted the importance of signage in the area to get people to Viking Lakes. Mayor Krebsbach expressed her appreciation to City Administrator Mark McNeill and Planner Nolan Wall for their work with the Vikings and the City of Eagan. B) PRESENTATION REGARDING ISD 197 OPERATING LEVY REFERENDUM Dr. Nancy Allen -Mastro, Superintendent of District 197, presented information regarding the levy renewal that voters will be asked to vote on at the General Election in November. The District would like to renew the 2007 Operating Levy for another 10 years. She stated that the levy generates $5 2 million per year for the school district, which is 8% of their operating budget. For each $100,000 of property value, it would equate to approximately $81/annually on residents property tax statements. Mayor Krebsbach noted that the reconstruction of Warrior Drive looks very nice and seems to be working very well. She also noted that there was an award given from US News and World Report and asked if that was to the district or just to Henry Sibley High School. Dr. Allen -Mastro replied that it was probably in 2015 and it was the Schools of Distinction award. September 6, 2016 Mendota Heights City Council Page 4 C) MENDOTA PLAZA DEVELOPMENT UPDATE Planner Nolan Wall explained that Paster Properties representatives were in attendance to provide an update on the project. The Council tabled this item at their first meeting in August. Mr. John Kohler, VP of Development & Construction for Paster Properties, explained that they received word today from MnDOT confirming that they would be receiving the right -in access off Highway 110, which will be incorporated into their plans. He also informed the Council that they would like to begin mobilizing some earthwork; work that is needed no matter what happens at this site. It would amount to starting the crossing from the shopping center site across the creek. They currently have an opportunity to obtain fill material. They would be working with Assistant City Engineer Ryan Ruzek for all grading and drainage permits before beginning any earth moving activities. Mayor Krebsbach asked for clarification that they only would receive the permit for a right in access off Highway 110; but the change is that they do not have the right -out. Mr. Kohler confirmed and stated his engineering department is finalizing their submittals to get the access permit. Mayor Krebsbach noted that there is already a PUD on the books and what the Council would be approving at the September 20th meeting is the amendment to the PUD that would allow for the apartment building and the two restaurants. Mr. Kohler confirmed the bridge crossing would only be a preliminary crossing, so they could get over to the other side the creek without coming off of Highway 110. Mayor Krebsbach asked for confirmation that the digging permits would be issued this week. Mr. Ruzek replied that he has received a temporary plan for their bridge placement. Staff needs to verify that this is covered by the pollution control agency's permit that would actually be the guiding document for most of the erosion control. Councilmember Duggan asked if the wetlands approvals have been completed. Mr. Kohler replied that they received a letter from the Corp of Engineers approving all of their wetlands, delineation, etc. Councilmember Duggan asked, since they have dropped the number of units in housing, if Council would be receiving new drawings. Mr. Kohler replied that those would be given to the Council at the next meeting. Councilmember Duggan asked what measures would be taken for dust control. Mr. Kohler replied that they would have complete dust control; watering, dirt barriers, etc. Councilmember Duggan asked if the neighboring businesses had been made aware of the trucks bringing in fill, etc. Mr. Kohler replied in the affirmative. Councilmember Duggan asked about hours of operation for the dump trucks. Mr. Kohler replied that it would depend on when the soil is available. Mayor Krebsbach asked for the estimated value of the project when completed. Mr. Kohler replied that the number currently is approximately $40 million. September 6, 2016 Mendota Heights City Council Page 5 PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2016-66, CONDITIONAL USE PERMIT AT 2300 PILOT KNOB ROAD, PLANNING CASE 2016-31 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Pei hit (CUP) to erect a fence at 2300 Pilot Knob Road. He noted that it is zoned Industrial and is just over 6 acres in size. The building was recently purchased by Johnson Brothers Liquor Company. The code does require a CUP for fences that are over six feet in height with barbed wire in the business and industrial districts. In addition, the code requires that loading and service areas be completely screened from adjacent properties and streets, except at access points, and it does require that screening or buffering must provide a minimum opacity of 90% during all seasons. The existing loading dock area is not completely screened from contiguous properties or adjacent streets, as is the case with numerous properties in the industrial district that were developed prior to those current standards. Planner Wall stated the applicant is proposing a 7 -foot chain-link fence with privacy slats. Fencing along Pilot Knob Road would have wing slats that would achieve 90% opacity. The fencing along Highway 13 would have normal privacy slats with an unknown opacity; however, it was anticipated by the applicant that those would be approximately 75%. Councilmember Povolny asked if there was a fence already located on the property. Planner Wall answered in the negative. Planner Wall continued by explaining that the loading dock is screened by existing vegetation from Pilot Knob Road and Highway 13. However, much of that vegetation is deciduous and a portion of that vegetation is within MnDOT and City right-of-way. As a result there is no way to ensure that it would remain as is in the future; nor could it be verified that it would achieve 90% opacity during all seasons, even when combined with the 75% chain-link slatted opaque fence that is being proposed by the applicant. Planner Wall shared images of other more recently installed privacy fences in the industrial park. There are several properties that have wood privacy fencing in the industrial district, which is a higher quality material but it is also more expensive. In order to be consistent with those previous approvals, staff recommended a 100% opaque wood fencing along Pilot Knob Road frontage to completely screen the loading dock area from the road. To be compliant with the additional screening standards, staff recommend that a 90% opaque chain-link slatted option is constructed for the entire remaining sections. September 6, 2016 Mendota Heights City Council Page 6 Upon request by the applicant, the access gate that enters the site from Pilot Knob Road be chain-link and not wood. It was worth noting that both the applicants' proposal and staffs' recommendation meet the applicable standards for granting a CUP and would improve the overall appearance to the property. Planner Wall reviewed the list of conditions including a fence permit be issued prior to construction, wood fencing achieving 100% opacity shall be erected along Pilot Knob Road, chain-link fencing with dark -colored privacy slats achieving 90% opacity shall be erected along Highway 13 and the portion perpendicular to Pilot Knob Road in front of the building, the fence shall be located entirely on private property, the fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. The sixth condition recommended by the Planning Condition was that the Pilot Knob Road driveway access gate shall be consistent with the chain-link privacy slat fencing surrounding the property. Mayor Krebsbach noted that it would be the responsibility of Council and staff to enforce the maintenance. Planner Wall concurred. Planner Wall noted that the only reason this is before the Council for approval is because of the barbed wire. Other than that, they would be able to do a 90% opaque fence, which is what is being required. If the chain-link with the slatted options achieved that 90% opacity, that would be petwitted by code. Mayor Krebsbach asked why there was a need for barbed wire. Planner Wall deferred to the applicant but assumed that it was for security purposes. Mr. Barry Jaeger of Jaeger Construction, LLC came forward as the representative of Johnson Brothers Liquor Company. He stated that they agreed to all of the conditions of approval. He explained that the barbed wire is for security of the product they carry and for security of the trucks that would be parked behind the screens. They do have it at their other facility in St. Paul. Mayor Krebsbach gave her opinion that the other facility needed barbed wire because of their location on Shepherd Road. She asked if they couldn't provide adequate security without the barbed wire. Mr. Jaeger replied in the negative stating that it is important for security. Councilmember Duggan asked if the barbed wire would be all of the way around the property. Mr. Jaeger replied in the affirmative. Mayor Krebsbach recommended including a condition requiring the applicant to plant some pine trees or something that would also block the view in the winter. Mr. Jaeger replied that one side is all pine trees; 30 -foot pine trees all along the workplace. She asked if they would be agreeable to having something in the conditions that they would maintain the deciduous and coniferous trees. Planner Wall noted that some of the screening is out of their control because it is within the rights-of-way. He suggested that a condition be added that a landscape plan be submitted to staff; giving staff the opportunity to identify locations that could potentially have some additional coniferous plantings to provide some more year- round screening. Mayor Krebsbach stated that she would like to see this condition added, especially since this would not be the first or only business that this condition has been added to. September 6, 2016 Mendota Heights City Council Page 7 Councilmember Norton asked if there were any other barbed wire fenced areas within Mendota Heights. Planner Wall replied that there are other locations with barbed wire fencing and gave their locations. Councilmember Duggan asked, with the flammability of their product, if there were any requirements in relation to fire proofing the roof going forward. Mr. Jaeger replied that the entire building would be upgraded to an early suppression fast response (ESFR) system. The product, as far as he knows, is non- flammable as it is mainly beer. Councilmember Petschel recommended a condition of approval be added that where there is a significant gap in the fence, a coniferous planting would be maintained and a landscaping plan be approved by city staff. Councilmember Norton moved to adopt RESOLUTION 2016-66 APPROVING A CONDITIONAL USE PERMIT AT 2300 PILOT KNOB ROAD based on the findings of fact and conditions as stated in the resolution and that a landscaping plan be approved by city staff. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2016-67, COMPREHENSIVE PLAN AMENDMENT AT 2500 LEXINGTON AVENUE SOUTH, PLANNING CASE 2016-33 Planner Nolan Wall explained that the City was considering an amendment to the Land Use Plan in the 2030 Comprehensive Plan to reguide the future land use designation of the property located at 2500 Lexington Avenue South from B -Business to I -Industrial. The Council approved Ordinance 502, approving the rezoning of the subject property from B-1 Limited Business to I -Industrial, conditional upon the comprehensive plan being approved by the Metropolitan Council. The subject property contains a 14,000 square foot office/warehouse building and is surrounded by high density residential, office, and industrial. It was noted that none of the surrounding properties would be impacted by this change. The industrial district provides a wider variety of use options than the B-1 Limited Business District that better fit the building's existing build -out, which was originally a gymnastic studio and then converted to an office/warehouse use. There are adequate standards in place to regulate any potential negative impacts to surrounding uses. Councilmember Petschel moved to adopt RESOLUTION 2016-67 APPROVING A COMPREHENSIVE PLAN AMENDMENT FROM B -BUSINESS (B) TO I -INDUSTRIAL (I) AT 2500 LEXINGTON AVENUE SOUTH based on the findings of fact as stated in the resolution and subject to review and approval by the Metropolitan Council. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 September 6, 2016 Mendota Heights City Council Page 8 C) ORDINANCE 505, CONCERNING ALTERNATIVE ENERGY SYSTEMS, PLANNING CASE 2016-34 Planner Nolan Wall explained that the City was considering an amendment to Title 12-1-D, E, F, and G of the City Code concerning alternative energy systems. The City Council adopted Ordinance 485, which created standards for alternative energy systems as part of Planning Case 2015-34. The intent of that ordinance was to ensure that the same standards are applied to each solar energy system ultimately in an effort to encourage sustainable practices that do not adversely impact the community. Based on the feedback from the applicants that have gone through the process, the ordinance is workable but they did indicate that the required review process does take too long. The City Council, upon hearing those comments, directed City staff to propose amendments that streamline the review process for certain systems. Upon review of those recent applications, staff also proposed additional minor amendments to the existing standards concerning maximum area and color. The proposed amendments included reclassifying roof -mounted solar energy systems as permitted accessory uses, retain ground - mounted systems as conditional uses, differentiate the maximum size standards between residential and business/industrial-zoned properties, revised color standards. Councilmember Petschel explained that this is an exciting new technology and she likes the fact that the City wrote an ordinance that initially required conditional use so that as these applications came forward the Council could find out whether or not they had written a good ordinance that fulfilled the purposes of the City, the homeowners, and the vendors. They discovered, particularly from the vendor, that the ordinance had been written very well and that the approvals were becoming routine. However, the building season is so short that while they were going through the City's permitting process they were being pushed to the back of the contractor's building schedules. Councilmember Petschel moved to adopt ORDINANCE NO. 505 AMENDING TITLE 12, CHAPTER 1, ARTICLES D, E, F, AND G OF THE CITY CODE CONCERNING ALTERNATIVE ENERGY SYSTEMS. Councilmember Norton seconded the motion. Councilmember Duggan noted he has seen a lot of the land -use systems in Arizona and suggested that a requirement be added requiring the land be restored to its natural condition if the land -use solar system is abandoned or non -operational for any length of time. Mayor Krebsbach stated that there was a motion and a second on the floor and it would have to be amended. Councilmember Petschel stated that she would accept that as a friendly amendment to the motion. City Attorney Tom Lehmann stated that he would work with Planner Wall on the appropriate terms and language to amend the ordinance. Councilmember Norton also accepted the friendly amendment to the motion. Ayes: 5 Nays: 0 September 6, 2016 Mendota Heights City Council Page 9 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • Today is the first day of school; everyone please drive safely • Highway 13 east of Wachtler Avenue is open to traffic • September 9 — 11 is the Holy Family Maronite Church Fall Festival with great Lebanese cuisine • September 9 —11 is the 17th Annual Wacipi Pow -Wow to be held at St. Peter's Church Mayor Krebsbach expressed her appreciation to staff, City Administrator Mark McNeill, City Clerk Lorri Smith, City Planner Nolan Wall, City Attorney Tom Lehmann, Assistant City Engineer Ryan Ruzek, and Finance Director Kristen Schabacker for all of their hard work. COUNCIL COMMENTS Councilmember Duggan announced that today is Mr. Leroy Brown's 103rd birthday. Councilmember Petschel stated that when the San Diego Chargers flew in, they landed in a Boeing 787, which is the dream liner. This is the first time that this aircraft has landed at MSP Airport. She stated that Boeing is moving away from the 747. She noted that the MD8O's are responsible for the noisiest events over the City. United announced that over the next two years they will be phasing out the use of all MD8O's and Delta is going to be right behind them. So by the year 2020, they should no longer be in use. She let the residents know about an issue called Converging Runway Operations. Airports have standard operating procedures (SOP) on what should be done when departures or landings are aborted. The FAA arrived at the airport and imposed a much harsher regiment — the space between the aircrafts departing needs to be longer and that this area needs to be larger. This is affecting two key areas — the Mall of America runway and the other end of our runway. This is having an effect on the airport and their ability to get the number of planes they need to get in and out of here efficiently. In terms of Airport Noise Oversight, this has become their newest and chief priority. One good thing about it is that everyone is suffering. However, the NOC is not in a position to compel the FAA to operate the airport a certain way. All of the communities surrounding the airport are engaged with the Metropolitan Airport Commission and the FAA in trying to nail down these changes and how they are affecting communities. In terms of the long-term comprehensive plan at the airport, it could actually have an affect on that because it may require an air and noise impact study and they may need to do another environmental assessment study. Councilmember Petschel also commented on the shocking news heard today regarding Jacob Wetterling. For many parents who were raising children at the time of his disappearance; it really was the end of the age of innocence. Ms. Patty Wetterling — out of this terrible tragedy and pain — has shown so much courage and spent her life trying to make communities safer for children. She asked residents to keep the Wetterling family in their thoughts and turn on your outside lights for Jacob. September 6, 2016 Mendota Heights City Council Page 10 ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:58 p.m. ATTES Lorri Smith City Clerk S. "dra Krebsb Mayor September 6, 2016 Mendota Heights City Council Page 11