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2017-03-07 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 7, 2017 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 Garlock called the meeting to order at 7:00 p.m. Councilmembers Miller, Petschel, and Paper were also present. Councilmember Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Paper moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) SWEARING IN OF FIRE CHIEF AND ASSISTANT FIRE CHIEF City Administrator Mark McNeill called former Fire Chief John Maczko to the podium to introduce his successor. Former Fire Chief Maczko introduced Fire Chief Dave Dreelan and Assistant Fire Chief Scott Goldenstein and provided a brief background on each. City Administrator Mark McNeill presided over the swearing in of Fire Chief Dave Dreelan and Assistant Fire Chief Scott Goldenstein. CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of February 21, 2017 City Council Minutes b. Acknowledge February 28, 2017 Planning Commission Minutes c. Approval to Begin Police Officer Recruitment Process d. Approve Joint Powers Agreement with Lower Mississippi Watershed Management Org for Lake Augusta Alum Treatment e. Approve Donation of City Property f. Approval of Claims List Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) ROGERS LAKE WATER QUALITY REPORT BY ST. THOMAS ACADEMY City Administrator Mark McNeill introduced Mr. Tony Kinzley, Advanced Placement Environmental Sciences Instructor at St. Thomas Academy. He also explained that St. Thomas Academy has been monitoring several aspects of the water quality of Rogers Lake since 2001. Mr. Kinzley introduced the students giving the presentation this year, who then presented their findings on the following ten different parameters; Dissolved Oxygen (D.O.), Fecal Coliform, pH, Biochemical Oxygen Demand (BODS), Change in Temperature, Nitrate, Total Phosphates, Turbidity, Total Solids, and Overall Rating. The results showed that Rogers Lake continues to be a very healthy lake. All but Change in Temperature showed better and acceptable results. Change in Temperature was in the Unacceptable range. The historical data on the lakes' water quality shows a trend of improvement over the past several recent years. PUBLIC HEARING No items scheduled. Mm•ch 7, 2017 Ci .ty Cou�xcil Meeting Page 2 of 7 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-21 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT TO GERALD TROOIEN, 1010 SIBLEY MEMORIAL HIGHWAY Planner Tim Benetti explained that Mr. Gerald Trooien of 1010 Sibley Memorial Highway has requested to perform additional landscaping work on this site. Mr. Trooien applied for a permit in October 2016, at which time it was discovered that he had completed more work than he was permitted to do. He was instructed to halt those activities immediately. Staff inet with Mr. Trooien's landscape architect. The current application is both an "after-the-fact" permit for the work done prior and a new permit for the work to be done in the future. The site is just over five acres, is guided LR—Low Density Residential and is located in the R-1 Single- Family Residential District. In 2014 the property was split into two lots. Parcel A encompasses the current home and garage and is 3.4 acres in size. Parcel B is the new parcel and is 1.36 acres. Mr. Trooien initially indicated that he was going to clear the ground on a particular section where he anticipated the house pad to be located. However, it was discovered that a lot more work had been done outside of this area. It was at this point that all work was halted. It was discovered that a number of trees and shrubs had been removed. In 2015, Mr. Trooien provided a plan for replanting with materials consisting of white pines, bur oak, blue spruces, and maples. He is also planning on providing the entire area with a mixture of new prairie grass seeds, pollinator-friendly seeds, and native grasses. Mr. Trooien is proposing to place the building pad 60 feet from the neighboring property line instead of the original proposal of 20 feet from the property line. He is also proposing a driveway, rain garden, and a drainage swell. Members of the Planning Commission, Community Development Director Tim Benetti, and Consulting Planner Phil Carlson visited the site on February 25, 2017. Mr. Benetti observed that the site was thick with buckthorn which needs clearing. Staff believes that with help from the landscape architect, the restoration work and the removal of buckthorn should be successful. Mr. Benetti reviewed the resident's concerns raised at last week's Planning Commission meeting regarding the plans to remove buckthorn and all invasive species up to 3" in diameter. Mr. Benetti made the assurance that the landscape architect is going to personally mark each and every one of the growths to be removed, staff would verify that everything has been marked properly, and they would do a very controlled removal system. The architectural company also treats the cut system — so they cut plantings down to the ground and treat the roots so it does not grow back. The roots are left intact to prevent any soil erosion. March 7, 2017 City Council tlleeting Page 3 of 7 Councilmember Paper asked who was going to warranty the plant material. Mr. Benetti replied that typically the greenhouse or the plant provider warranties the plant material. Councilmember Paper asked for an explanation of caliper process to determine a 3" tree. Mr. Benetti replied that the determination is made by the diameter of the planting approximately four feet off of the ground. Councilmember Miller suggested a requirement that the plantings are warrantied for three years. Mr. Benetti replied that he has typically seen warranties for one to two years. Councilmember Petschel pointed out that requesting a bond or a letter-of-credit when work has been completed prior to receiving the proper permit is fairly routine. Mr. Benetti added that the value of the bond or letter-of-credit would be determined by staff and is typically 125% to 150% of the value of the work to be done; including the landscaping, grading work, etc. Councilmember Paper asked if the 12 to 14-foot spruce trees were balled and burlapped or spaded in. Mr. Benetti replied that the trees planted prior were spaded in. The new ones have been identified as balled and burlapped. Mr. Paper asked why the difference. Mr. Stephen Mastey, landscape architect from Landscape Architecture, Inc. clarified that 23 conifers were spaded in because they were of such a large size. Typically ball & bags are not done on plantings over eight-feet in height. After discussion and review of the final resolution, it was determined that the warranty plan is for two years and is held by the contractor or the property owner, not by a nursery. Mr. Darin Carlson, 992 Caren Court, stated that this request has come a long way since they first noticed the equipment out clearing the area. He believes this is a really good plan. He recognized that there are a lot of invasive shrubs, buckthorn in particular, that he is pulling from his yard constantly. He would like to hear more about the options to replace the invasive plantings that could be removed. Mr. Mastey returned and stated that as part of their restoration plan they have a mixture of trees and a Minnesota Native Landscape Mix of approximately 20 wildflowers and approximately five grass plants. They also would be working with City staff to finalize a native woodland mix of approximately 25 species. The long-term goal is to make this site ecologically more appropriate. Councilmember Petschel moved to adopt RESOLUTION 2017-21 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1010 SIBLEY MEMORIAL HIGHWAY WITH CONDITIONS AS STATED 1N THE RESOLUTION. Councilmember Paper seconded the motion. Mayor Garlock called the vote. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mm^ch 7, 2017 City Council Meeting Page 4 of 7 B) RESOLUTION 2017-22 APPROVING A CONDITIONAL USE PERMIT TO HOLY FAMILY MARONITE CHURCH, 1960 LEXINGTON AVENUE Community Development Director Tim Benetti explained this Conditional Use Permit request from Holy Family Maronite Church, located at 1960 Lexington Avenue, to make additions to the existing church building. Churches are allowed as a conditional use in the R-1 district and anytime that use is added to or modified, the conditional use needs to be amended or modified. The two additions being planned total approximately 3,750 square feet. The additions would be on the west side and the southeast corner of the building. The additions would be to expand the fellowship hall, kitchen, storage area, and to add a sacristy, a classroom, restrooms, and two offices. There are no plans to change the main knave or sanctuary space; therefore, there are no changes necessary to the parking requirements. The Planning Commission recommended approval of this request with conditions. No negative comments or concerns were raised. Councilmember Petschel moved to adopt RESOLUTION 2017-22 APPROVING A CONDITIONAL USE PERMIT TO HOLY FAMILY MARONITE CHURCH AT 1960 LEXINGTON AVENUE WITH CONDITIONS NOTED IN THE RESOLTUION. Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) C) ORDINANCE NO. 508 AMENDING TITLE 5- POLICE REGULATIONS AND TITLE 12 - ZONING REGARDING THE KEEPING OF DOMESTIC CHICKENS Planner Tim Benetti explained this was an Ordinance Amendment regarding the keeping of domestic chickens within the City. The Planning Commission discussed a draft ordinance and held a public hearing at their January 24, 2017 meeting. At their February 28, 2017 meeting, the commission reviewed the revisions of the ordinance and forwarded to it to City Council with a recommendation of approval by a vote of 4-2. Planner Benetti reviewed the proposed Ordinance No. 508. Councilmember Petschel asked what the license fee would be. Planner Benetti replied that the fee has not been determined as of yet. It would be brought back to the City Council as an amendment to the fee schedule. Councilmember Petschel requested that, if the Council approved this Ordinance, that it be discussed again in one year to make any necessary edits or tweaks. March 7, 2017 City Council Meeting Page 5 of 7 Councilmember Miller moved to adopt ORDINANCE NO. 508 AMENDING CITY CODE TITLE 5- POLICE REGULATIONS AND TITLE 12—ZONING REGARDING THE KEEPING OF DOMESTIC CHICKENS, and to direct staff to add this to a council agenda in one year for review. Councilmember Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mr. Patrick Watson, 1327 Delaware Avenue, expressed his appreciation in the passing of this ordinance and noted that the fee was discussed as being $25. D) AWARD CONTRACT FOR 2017 MUNICIPAL CLEAN UP DAY Public Works Director Ryan Ruzek explained that staff had sent out a request-for-proposal to create a contract with a vendor to operate the Mendota Heights Clean-Up Day rather than having a volunteer- driven clean-up day as in the past. Staff reviewed the pricing of items collected in previous years and proposed a new fee schedule for 2017, which they feel is comparable to previous events. Mr. Ruzek then reviewed the fee schedule making special note that paper shredding will be held one week prior and will be a joint partnership with the cities of West St. Paul, South St. Pau1, and Inver Grove Heights. Councilmember Petschel asked if they would be accepting building materials. Mr. Ruzek replied in the negative, they would not be accepting contractor debris or large home remodeling debris. Councilmember Paper asked how the fee schedule would be communicated to residents. Mr. Ruzek replied that the fee schedule would be in the Heights Highlights delivered approximately April 17th, along with advertisements on the city's website, Facebook page, and by a direct mailing to all of the residents. Councilmember Petschel moved to authorize staff to execute a contract with Highland Sanitation for the operation of the Mendota Heights 2017 Clean Up Day event to be held on Apri129th, 2017. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) COUNCIL COMMENTS Councilmember Paper expressed appreciation to the students of St. Thomas Academy for their presentation regarding Rogers Lake. He also congratulated School District 197 for naming a new superintendent. Mm•ch 7, 2017 City Coztncil Aleeting Page 6 of 7 Councilmember Miller stated that his family posthumously celebrated his father's 91St birthday. His dad was more than a father; he instilled in him a sense of service and helping the community. His dad, at the age of 16, convinced his parents to allow him to enlist in World War II; he was stationed in Iwo Jima and was in Tokyo Harbor when the emperor signed the Unconditional Papers of Surrender. Councilmember Petschel announced it was ice-out on Rogers Lake today. She also welcomed the new superintendent of School District 197. She expressed her appreciation to Dr. Nancy Allen-Mastro for her tremendous service to the school district. She was an absolute rock and a delight to work with. Mayor Garlock expressed his appreciation to the `chicken coalition' for the communication between them and the Planning Commission and their dedication in getting this approved. This shows how residents can work together to make positive changes within the City. ADJOURN Councilmember Paper moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:34 p.m. ; r �V � S Neil Garlock Mayor ATTES . , " Lorri Smith City Clerk March 7, 2017 City Coacncil Meeting Page 7 of 7