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2018-10-16 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 2018 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. Councilors Duggan, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda, moving item f. under the Consent Agenda to the end of the agenda. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented, with the exception of item i) Approval of Claims List and m) Authorize Final Payment for City Hall Remodeling Project. a. Approve October 2, 2018 City Council Minutes b. Approve October 2, 2018 Council Work Session Minutes c. Approve Purchase of Wetland Banking Credits for the Bourn Property d. Approve Resolution 2018-79 Plans and Authorize Advertisement for Bids for the Wentworth Park Pond Improvement Project e. Approve 2018-2019 Insurance Renewal and Election to Not Waive Statutory Limits f. Approve Purchase of City Hall Generator Replacement g. Acknowledgement of September 2018 Fire Synopsis h. Approval of September 2018 Treasurer's Report i. Approval of Claims List j. Approve Building Activity Report k. Approve August Par 3 Update and Financial Report 1. Approve Resolution 2018-81 Accept Donation to City in. Authorize Final Payment for City Hall Remodeling Project Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM M) AUTHORIZE FINAL PAYMENT FOR CITY HALL REMODELING PROJECT Councilor Duggan asked if the Council could see a full report different of the costs associated with the remodeling of City Hall. Also, if there were any insurance possibilities as there were some substantial numbers racked up with this project which was needed. City Administrator Mark McNeil replied that staff could do that. Included in the packet materials, there was a summary of the total costs, which came to just over $338,000. Of that, $228,000 was for the contract for the work and $100,000 for mold remediation, investigation, and architectural fees. The city had reserved $400,000 from the water fund for this project. If the Council wished for a more detailed report, they could do so. Councilor Duggan noted that he was thinking more in the line of lessons learned going forward for any other city buildings. He reiterated his desire for a more detailed report, which staff agreed to provide. Councilor Duggan moved to authorize immediate payment of $70,776.36 to Dering Pierson Group for Payment Application #5, and further to release the retainage amount of $11,914.90, after the completion of a satisfactory final inspection, and receipt of properly executed close-out documents. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF CLAIMS LIST No discussion was necessary since it was initially covered above. Councilor Miller moved approval of Claims List. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PUBLIC HEARING No items scheduled. October 16, 2018 Mendota Heights City Council Page 2 of 15 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-80 PROVIDING FOR THE ISSUANCE AND SALE OF $1,125,000 GENERAL OBLIGATION BONDS SERIES 2018A City Administrator Mark McNeill explained that earlier in the day there was a sale of bonds and the city's bond representatives were present to provide the results. Mr. Jason Aarsvold from Ehlers & Associates, Inc. shared the results of the bond sales, which took place to help pay for the city's 2018 road reconstruction projects. The bond issuance was rated by Standard & Poors and they affirmed the city's AAA rating, which is the highest rating they extend. A competitive sale was held and three bids were returned; the low bidder was Baird out of Milwaukee, WI. The low bid was 2.8810%, which is a great rate; the highest bidder was just over 3%. This reduced the total amount of bonds needed to be issued from $1,125,000 at resale down to $1,080,000. Councilor Paper asked if the $45,000 savings was due to the AAA rating. Mr. Aarsvold replied that it was not directly a result of the AAA rating; however, it is indirectly one of the factors. Without that bond rating, the interest rate would have been a little bit higher. Councilor Duggan moved to adopt RESOLUTION 2018-80 PROVIDING FOR THE ISSUANCE AND SALE OF $1,080,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2018A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2018-77 APPROVING A VARIANCE TO ALLOW REDUCED SETBACK FROM SIDE -YARD SETBACK OF A DRIVEWAY AND PARKING AREA, 1678 LILAC LANE (PER & SANDRA MOBERG — APPLICANTS) Community Development Director Tim Benetti shared the details of the request for a variance from Per and Sandra Moberg for property located at 1678 Lilac Lane. The request was to allow the installation of an expanded driveway and parking pad area next to their two -car garage; the installation of which would encroach up to 4 -feet into the 5 -foot side yard setback standard. At their October 4, 2018 meeting, the Planning Commission recommended approval of this item by a 5- 2 vote, with the addition of a condition to allow such encroachment no closer than 1 -foot from the side property line. Councilor Duggan stated that he looked at the challenge that this property has, particularly with the narrowness of most of the lots in this area. Because this property is on a curve, he believed the variance should be granted. Councilor Paper asked if there had been any consideration given to making the main driveway wider. Mr. Benetti replied that there had not been any consideration of that; however, staff could work with the October 16, 2018 Mendota Heights City Council Page 3 of 15 homeowners. Mr. Benetti explained that as long as they maintain the setback and taper the addition to the parking pad, staff could work with them on that. Councilor Petschel expressed her support. Councilor Petschel moved to adopt RESOLUTION 2018-77 APPROVING A VARIANCE TO ALLOW REDUCED SETBACK FROM SIDE -YARD SETBACKS OF A DRIVEWAY AND PARKING AREA FOR THE PROPERTY LOCATED AT 1678 LILAC LANE. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 C) ORDINANCE NO. 534 — ALLOW MOTOR FUEL SERVICE STATIONS AS A PLACE OF SALE/RESALE OF MOTOR VEHICLES (SEAN HOFFMANN — APPLICANT) Community Development Director Tim Benetti explained that this was a reconsideration of a code amendment request presented by Mr. Sean Hoffman, co-owner/operator of the BP -Mendota Heights Auto Service station, located at Dodd Road and Highway 62 (Old Hwy 110). Mr. Hoffman is asking for the allowance to provide an auto brokerage license at the business. Before the state issues this license, they want to make sure that the property is zoned appropriately and accessible during business hours. On May 23, 2017, this item was presented to the Planning Commission where they recommended denial of the request by a 5-0 vote. This item was presented to the City Council on June 6, 2017 where they struggled to find out how to help this local business. The Council directed staff and the City Attorney to work with the applicant. Staff met with Mr. Hoffman a number of times; he searched for alternative locations, but nothing worked out. Therefore, he has requested a reconsideration of his application. The proposed ordinance included the addition of Item A which read, "Only businesses that provide on- site automobile repairs will be licensed to conduct such vehicles sales". The remainder of the amendment limited it to no more than two vehicles on the site — Mr. Hoffinan indicated that there would probably be only 1 vehicle at a time at the site. Councilor Miller asked what was meant by `the back' — is it the back parking lot of the business site. Mr. Benetti replied that the amendment reads "Vehicles for sale shall not be placed in any front yard setback (including a corner front yard) of the subject property . . . " Councilor Duggan asked if there was any leeway of having more than two vehicles in a 24-hour period. Mr. Benetti replied that if it becomes an issue, staff would take it up directly with Mr. Hoffman. Councilor Paper, referencing Section 1, Item F.4 that reads "... trailers or campers." asked if they were included. Mr. Benetti replied that, per the language in the ordinance, they would be included; however, the term `trailers or campers; should probably be removed. Staff and Council agreed. Councilor Miller suggested that the term `motor vehicles' be better defined. Mr. Benetti stated that State Statute defines what a commercial vehicle is; based on tonnage. The Council decided to exclude trailers or campers and commercial vehicles over 10,000 pounds. October 16, 2018 Mendota Heights City Council Page 4 of 15 Councilor Paper moved to adopt ORDINANCE NO. 534 AMENDING TITLE 12, CHAPTER 1, ARTICLE D. GENERAL ZONING PROVISIONS TO ALLOW MOTOR FUEL SERVICE STATIONS AS A PLACE OF SALE OR RESALE OF NEW OR USED MOTOR VEHICLES, adding language to exclude trailers or campers and commercial vehicles over 10,000 pounds. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2018-78 APPROVING VARIANCE FOR NUMBER OF ALLOWED ACCESSORY STRUCTURES STANDARDS; VARIANCE FOR ACCESSORY STRUCTURES TO EXCEED ALLOWABLE AREA STANDARDS; VARIANCE TO ALLOW NEW FIELD LIGHT POLES TO EXCEED ACCESSORY STRUCTURE HEIGHT STANDARDS, ALL IN THE R -1/R -IA RESIDENTIAL DISTRICT, FOR THE HENRY SIBLEY HIGH SCHOOL, 1897 DELAWARE AVENUE (ISD # 197—APPLICANTS) Community Development Director Tim Benetti shared the details of the request from ISD #197 on behalf of Henry Sibley High School, 1897 Delaware Avenue for several athletic field improvements. At their October 4, 2018 meeting, the Planning Commission held a public hearing. There were numerous comments, both in objection to and in support of the application; along with letters, emails, and phone calls. The Commission recommended approval, with the added condition; "The Applicant shall not hold another event on site at the same time as a varsity football related event." Mr. Benetti shared images of the subject property and the current site plan in the north campus area. He also shared images of the proposed site plan with the following field improvements: Full-sized football/soccer/lacrosse combination field with synthetic turf; new 9 -lane all-weather running track; new field event areas for shot-put, long jump, high hump, and pole-vault; 1,500 seat home bleachers and 500 seat visitor bleachers; new concession/restroom facility/new team room/storage facility; a new ticket booth; press box. Regarding traffic and parking, Mr. Benetti explained that there are no changes to the current access points, which consist of three access points off Delaware Avenue, secondary access off Warrior Drive, and no access off Marie Avenue or the frontage road. In regards to parking, the school currently has 508 total parking spaces; however, based on the calculations to reach the required number, they only need 228 spaces. However, athletic fields require one parking space for every three seats. The 2,000 seat athletic field would require 667 parking spaces. A proof of parking plan was included the Council packet showing the location of all of the parking spaces, including striping for event parking in the bus areas, restriping on the east side of the building, and a new southeast parking lot; total parking stalls equating to 670 parking spaces. As for traffic, there would be five football games over a 2-3 month period; therefore, traffic would not be a standard occurrence. Outside of football games, all other events (track meets, soccer games) are expected to draw fewer spectators and would have minimal impact on the adjacent roads. Football games are on off-peak hours. The traffic study revealed that the proposed multi -use stadium does not represent a significant impact to the surrounding roadway systems and would not significantly alter traffic flow or parking operations. October 16, 2018 Mendota Heights City Council Page 5 of 15 Another key part of the plan is lighting, which are designed to be directly reflected down onto the field. They would include new LED features — not the high bright sodium vapor lights seen on other fields. The requirements are that there must be zero candle readings of light at the property line. Councilor Miller explained to everyone in attendance that the Council was not here to debate the merits of the stadium. The Council was here to discuss the variances associated with this application. Councilor Petschel asked the school district if they had additional information to share. Mr. Peter Olson - Skog, Superintendent of ISD #197, stated this was an exciting time for the school. He addressed a comment made at the Planning Commission meeting that the School District did not involve the community in the planning of this stadium. He stated that the planning started with a Task Force in 2017, which garnered a lot of input. There were a lot of different mailings to the community, which included open houses, district residents, community presentations, and more. The community did speak last May and overwhelmingly supported the improvements at the bond referendum. Mr. Olson -Skog reviewed the request. He stated the District is not asking for variances when it comes to the sound or lights; the city will have the ability to enforce those issues. The district plans to enforce themselves regarding sound, lights, traffic, and parking. The issues being heard tonight are the number, size, and height of the accessory structures, which had to take into consideration three tests: Is the site unique; Is it a reasonable request; Would it alter the essential character of the neighborhood. Mr. Olson -Skog introduced Ms. Jenny Tuttle, Architect from LSE Architecture to explain some of the decisions made. Ms. Tuttle explained that the placement of the multi-purpose turf and field and track is not under consideration by the Council this evening. She showed a diagram of the site plan, with the location of the arena to the north that has been discussed for over a year in public communications, in two previous presentations with the Council, newspaper articles, mailers, on the district website, at community meetings, and has been part of the facility planning meetings. She offered a few points that support the location being proposed: • The 2014 Bond Referendum failed, which proposed the south location. The plan had the football field oriented east/west rather than what is thought to be preferred, a north/south orientation. • When proposed in 2014, the River -to -River Greenway trail with easements that encroached on the dimensions did not exist. Today, the field would not fit. • The district has made accessibility a high priority for all projects. Equal access and accessibility is a law. The south field would be approximately 15 feet lower in elevation than the parking lot. • Fields scarce and valuable resources; the south location would have required the replacement of or the loss of two baseball fields, a Nordic track, and the sledding hill. • The cost for a field in the south location was estimated to be $1.5M higher than the north location. • It is standard practice for high schools that student parking is shared with that of the athletic fields. Mr. Olson -Skog introduced Mr. Ryan Hoffman, Construction Consultant from ICS Consulting to explain more about the project. Mr. Hoffman pointed out that fencing would completely encompass the new field complex to force entry near the parking area. The integrity of the existing landscaping will remain. There would be four light poles and they are seeking a variance for the height of them so the lights can be focused down on the field. The poles would be brought in as tight as possible to the middle of the field, as far as they can get away from the property lines. October 16, 2018 Mendota Heights City Council Page 6 of 15 A traffic study was completed, which included actual traffic counts from a recent football game. The data shows that it would be a little bit less than what the case study was. The quantity of the structures is very important to this type of complex. The appearance of the structures would be fitting to the neighborhood. Mr. Hoffman shared an image of the proposed landscaping, however they are continuing to work on the plan, which would include new trees, most to be planted on the north side for visual and sound impact, on top of a berm (berm to be approx. 6 ft in height from the field and approx. 8 ft in height from the road). The District has engaged a technical engineer to help with a sound system plan. Weather, temperature, and environment affect sound on a daily basis. The District guarantees they will meet the standards. Mayor Garlock asked what the size of the new trees would be. Mr. Hoffman replied that was undetermined at this point, but they are looking at planting as mature of trees as possible. Councilor Duggan stated that since they have taken into consideration the light standards and the experts say they need to be 80 feet in heights, he would be happy to grant that variance. He also commented that he would not have an issue with the number of accessory structures. If they could blend the accessory structures in by using school architecture, neighborhood architecture, or some combination he would be happy to accept that. Councilor Duggan continued by stating that he was pleased to see that they were considering aesthetics regarding the fencing. He hoped they would consider black, and black vinyl, but preferably not mesh. He was pleased with the emphasis they have given to the landscaping and the number of trees; especially on the north side, which is a big concern with the neighbors. Councilor Duggan asked if they were planning on cleaning up the vegetation on the west side or to maintain it the way it is. Mr. Hoffman replied that the project is located outside of that area. Councilor Petschel noted that there are a number of people from the community that run on the track. She asked if the community be able to use the new track. Mr. Olson -Skog replied that was their hope. Once an investment is made for artificial turf one would want to create some type of access control. The district sees these as community facilities. Councilor Petschel noted that an issue the neighbors have is the possible rental of the facility to outside groups. She asked if they have a policy on that. Mr. Olson -Skog replied that they do have a rental procedure for the facilities. The school district feels an ongoing commitment that these are facilities that were built with taxpayer dollars. They have had a long-standing tradition of having their facilities be community facilities. There may be community organizations, such as MHAA, that would desire to use the sound system or the lights and the district feels an ongoing commitment to them. Councilor Petschel stated that it would be nice going forward that there could be some leveling of the lights and noise. Mr. Olson -Skog reiterated that they would be uncomfortable setting those types of limitations at this point without understanding the community desires as this is built with taxpayer dollars. Councilor Duggan asked for an approximate number of rentals that currently take place in the evenings per year. Mr. Olson -Skog replied that he could provide those numbers but he does not have them available right now. Councilor Duggan asked if curfews still apply. Mr. Olson -Skog replied in the affirmative. Mayor Garlock opened the floor for public comments. October 16, 2018 Mendota Heights City Council Page 7 of 15 Mr. Rob Anderson, 1759 Ridgewood Drive, stated there has been an arbitrary definition of athletic field versus a stadium and he respectfully asked that this be investigated. The essential character of this project will be a significant change to what has been going on in that location today, for example the additional structures, the 80 foot high lights, the visual impact, the increase in traffic. He requested the Council look at the totality of the impact on the neighborhood. A sound system would be intrusive. He asked that the School District commit to not using the sound system or the lights during practices, limit the rentals to 10 uses in the fall and 10 uses in the spring for track, lacrosse, soccer, and football. He requested the School District share the details of the abatement strategy so the neighbors understand exactly what it is. Mr. Anderson noted an email he sent to the Council that outlined his comments and he provided the Council a copy of that email. Councilor Miller responded that in respect to limiting the amount of events held at the facility, that could be punitive to the sports teams if they are successful in the post season. As a legislative body, the Council should not be in the business of limiting the events. Mr. Anderson noted that it is not their intention to prohibit or limit community activities. Their goal is to not have soccer leagues, lacrosse leagues, or other adult leagues playing until 10:00 pm every night. Regarding the marching band, Councilor Miller noted the successful band program, and they need an opportunity to practice. Mr. Anderson clarified that it was not the practice they wished to limit; it was the use of the sound system. Ms. Amy Powers, the band director, replied that she hoped to be practicing on the new facility field. She stated that it is nearly impossible for her to teach outside without amplification. Councilor Miller asked if there were any opportunities for her to lead without the amplification. Ms. Powers replied that in the new facility they would be facing east, so the amplification would be directed towards the baseball fields. Ms. Sarah Kirkwood, 372 Betty Lane, is a band parent and noted that it was 17 evenings out of 92 summer evenings that the marching band practiced during the evening hours. Her husband is researching a better microphone and speaker system that would be less intrusive to the neighbors. She stated that an athletic field with activity is a legitimate expectation for anyone living near a high school. Ms. Chris Fischer, 1775 Ridgewood Drive, stated she is a Warrior supporter and her children attended #197 schools. She supported the referendum, but the location of the proposed stadium on the northwest quadrant of the campus seemed illogical and at odds with the rural residential zoning of the neighbors, especially considering other options on-site. She had concerns with how close the stadium would be built to Marie Avenue and the plans to rent the facility. She voiced concern with the number of seats and the number of parking spaces required. She requested that an additional study be done and plans be approved in writing before the variances are granted. This long awaited stadium should be thoughtfully considered, to allow the greater good, with the least possible negative impact on the city. Ms. Layla Rodgeput, a student at Henry Sibley High School, also a member of the Track and Field team, shared the point of view from the students. The current track is falling apart. It has holes and cracks. When it rains, water goes underneath the track and bubbles — causing it to move under their feet. This has caused multiple injuries. She noted that the players and students are asking for the same facilities that their competitors have, and facilities the students can take pride in. October 16, 2018 Mendota Heights City Council Page 8 of 15 Ms. Susan Micevych, 1778 Ridgewood Drive, stated that no one is trying to take the stadium away from the students. They understand the need for a stadium. She wanted it to be clear that the neighboring residents are defending their homes which is very personal for them. She continued by saying they support Henry Sibley. Her neighborhood understands the stadium is important; however, they do not believed that ISD #197 has proven the practical difficulties test. There is no denying that building a stadium 100 feet from their homes will change the character of the neighborhood; however, in its current state the variances allows the PA system and the voice amplification to be used at all hours. Other nuisance factors; such as parking, traffic, and crowds make this stadium, as proposed, a high burden on their homes. There is nothing physically unique about the topography of the current track and field that would require the variances to be granted. It is not reasonable to place this huge stadium with no limitations on rental, or lights, or sound, or even hours of operation right next to their homes when they believe that there is objectively a much better location on the south side. Cost alone cannot constitute practical difficulties. They do not think that it is proper for the City to allow the variance to be processed as an athletic field rather than a stadium. Ms. Micevych addressed what the neighbors are asking: • No PA system amplification or lights for stadium rentals. • Do not rent to pro -soccer teams or traveling soccer teams that are not from our community. • Limit the lights and PA system usage to Sibley Boys & Girls Varsity games and track meets. • No PA system or voice amplification for sports or band practices. • The neighbors would like to see how big the berm is and what that looks like. She noted that there are 48 homeowners on the northeast side that share her concerns. Mr. Greg Monson, 1236 Sylvandale Road, had the privilege of serving on the facilities task force with the district. There was a lot of process and participants in the planning of this facility. After the south location was rejected by the community at the 2014 bond referendum, the task force focused on the putting the facility close to the current parking, taking advantage of existing vegetation on the west and northwest corners of the property, the orientation of the field, the fit of the field, the drainage, etc. As to the conditions being suggested regarding noise and traffic, those have nothing to do with the variances requested. The city regulates noise and lights in their ordinances. He stated this process has included unprecedented levels of opportunity to be heard. He urged the Council to support the resolution. Mr. Cory Raney, West St. Paul, stated that there are many factors that show the southern location for the facility is not as preferable as the north location. The parking would be further away and there would be additional cost to make the field handicap accessible. He has been involved in sports programs at Sibley for two years and he has never heard a coach use a PA system during practice. He has also been a member of MHAA for eight years and he has never had a game last later than 7:30 p.m. He lives within a quarter of a mile from Matson Field and he rarely hears the PA system. These variances are not about sound. He encouraged the Council to support the request. Mr. Donny McKenzie, student at Henry Sibley HS and participates in football, wrestling, track, and band, as well as other school activities. There may not be a lot of students present this evening; however, October 16, 2018 Mendota Heights City Council Page 9 of 15 they showed up in mass at the Planning Commission meeting to show their support for the stadium. The ones who are here represent all of the students who believe in their school and they feel this is very important. Ms. Holly Farber, 1701 James Road, previously lived near the high school. It was an asset when they purchased their home near the high school and it was an asset when the sold it. Happy activity at Sibley High School is part of the beauty and character of that neighborhood. When one purchases a house in that neighborhood that is what they want. The variances are for an issue that has already been decided upon overwhelmingly by the voters and unanimously by the Planning Commission. She encouraged the Council to vote yes. Ms. Darcie McKenzie, 1415 Cherry Hill Road, stated that in 2014, when the stadium and the bond referendum was defeated, it was tough because she worked hard on it. The task force listened to the voters and asked what they needed to do to get these much needed improvements completed. This is what they did and why they passed the very solid bond. Tonight they were asking for variances to that. She hoped that the Council would approve these variances. Councilor Petschel asked Mr. Olson -Skog to address the acoustic fence that is included in the plan. Mr. Olson -Skog stated that it is a fence that includes a solid vinyl covering that does provide some acoustical mitigation. The fence would be, at a minimum, along the north side of the field, and could be extended further. Councilor Duggan stated that black vinyl clad chain link fence disappears and is unseen and would be more appropriate. Mr. Olson -Skog reiterated that the current plan contains a chain link fence that extends around the parameter and, in addition, would include a vinyl covering that does make it appear like a more solid surface along that northern portion, at a minimum. Councilor Paper stated that there were requests for more and larger trees, a berm, and acoustical fencing; although those were not what was before the Council. Mr. Olson -Skog confirmed. Councilor Paper stated that the school district has stepped forward and met some of the requests from the neighbors. He asked if high school soccer games and lacrosse games run late. Mr. Olson -Skog stated, in terms of the rentals, the school district would continue to implement restrictions on the lights, they would turn off at 9:30 p.m., with a possible extension to 10:00 p.m. when cleanup is needed. Councilor Paper stated that with the additional trees, a berm, an acoustic fence, and lights that are off by 10:00 p.m., the plan has been improved and the district striving to be a good neighbor. Councilor Duggan noted that lights could be adjusted if needed. He was sure the district would go to great strides to minimize the negative effects on the neighborhood. In regards to accessory structures, he asked how much does that exceed what the ordinances allow. Mr. Benetti replied that the total number of square feet is 15,182 which includes the stadium. The limitation is 425 square feet. Council Duggan asked, if the stadium was removed, what the total would be. Mr. Benetti replied the square footage of the bleacher areas was approximately 8,200 square feet; so it would be approximately half the square footage. Councilor Duggan stated when he thinks of the size of the space physically and the separation of the different proposed buildings, he did not think that it was going to be as massive as people may think. The key points he heard were no lights after 10 p.m., minimal rentals, and reduced sound. October 16, 2018 Mendota Heights City Council Page 10 of 15 Ms. Elena Lucille Thomas, Sibley Alum, a former teacher in the district, a coach in cross country and track & field, and part of the district task force and the smaller task force specifically about this athletic field, stated she knows that there were community members who were a part of this process from Warrior Drive, and they made their voice heard. She heard them talking about how this is intruding on their home life; and as a former student of Sibley, the track was her home for six years. Sibley is home to the current students and the future students. She urged the Council to think about request and to move forward without limitations. The opportunities that this kind of a facility would offer are very important. Ms. Rachel Quick, 554 Junction Lane, noted that a lot of time has been spent on this topic. Throughout the whole process, only approximately 20 minutes have been spent on the topic under consideration. She understood and sympathized with the concerns brought up, however, there has to be progress. There was a very legitimate voting process and it is important to focus on just what is being requested. It is time to move this process forward. Mr. Brian Udell, 1715 Lansford Lane, a participant and an instructor marching bands, stated he was heartened to see that the Sibley Marching Band has been on the up and up lately; this is a unique opportunity to capitalize on that momentum. If the notion of restricting the use of the field was entertained, then not only would that handicap the Sibley Marching Band on a competitive level but it picks favorites among the activities that the youth are engaged in. He would hate to see one more roadblock for a group that is thriving and growing. Mr. Dean Verdoes, 1509 Dodd Road, an instructor, an administrator, and a volunteer in the District, stated he is very excited for the students of Henry Sibley High School and for the community. This is a big step forward for them and will give the district facilities that are comparable to the rest of the schools in the conference. City Attorney Andrew Pratt explained that public schools are a permitted use in the R-1 Residential Districts. It is true that the City Code does not go into detail as far as what a stadium is or what an athletic field is. There is a reference of athletic field in the zoning code allowing for one parking space per three seats of design capacity, however, that does not relate to the discussions this evening. The variance test, as has been discussed, has to be considered. The requested usage must be in harmony with the general purposes and intent of the Comprehensive Plan and the Zoning Ordinance. Public Schools are a permitted use in the R-1 District. Regarding practical difficulties, state statute states that a new variance cannot alter the essential character of the `locality'; whereas the City Code says `neighborhood'. Economic considerations alone do not constitute a practical difficulty. Per state law, the condition of a variance must be directly related to and bear a rough proportionality to the impact created by the variance. City Code language has more liberal use for conditions on variances. Mr. Pratt believed that if the Council would like to place more conditions on the variances, those conditions should be limited to the reason why the variances have to exist in the first place — height, number of, and size of the accessory structures. Regarding noise amplification, the city has a nuisance ordinance that could be enforced when there are complaints and an issue. October 16, 2018 Mendota Heights City Council Page 11 of 15 City Attorney Pratt suggested changes to Paragraph C, D, and E that would give more specificity to the accessory buildings and light poles. He suggested adding at the end of each paragraph: • Paragraph C — It is a reasonable use of the property to place light poles and accessory buildings in this location. • Paragraph D — The property is physically unique in that the large size of the campus and the application for the accessory structures and the light poles necessitates the need for the variances. • Paragraph E — The light poles and accessory buildings are not out of scale, out of place, or inconsistent with the appearance of the neighborhood. Councilor Duggan suggested that Item 2, "The Applicant shall not deviate from the amended site plan under this application review; ...", should read "The Applicant shall not deviate from the amendment of the site plan under this application review; ..." Councilor Duggan then asked if the remainder of Item 2 was in conflict with itself. Counsel Pratt replied that he did not see any conflict and it means that if the school district wants to apply for more accessory structures, they would need another variance. Mr. Benetti agreed and stated that the intent was to hold them to the current standards. With the review of the Comprehensive Plan, there are some new zoning ordinance updates to come. He has been informed by the Planning Commission that staff needs to put schools and other institutional uses in their own category to help them to not have to go through something like this in the future. Councilor Miller moved to adopt RESOLUTION 2018-78 APPROVING A VARIANCE FOR NUMBER OF ALLOWED ACCESSORY STRUCTURES STANDARDS; A VARIANCE FOR ACCESSORY STRUCTURES TO EXCEED ALLOWABLE AREA STANDARDS; AND A VARIANCE TO ALLOW NEW FIELD LIGHT POLES TO EXCEED ACCESSORY STRUCTURE HEIGHT STANDARDS, ALL IN THE R-1/R-lA RESIDENTIAL DISTRICT FOR HENRY SIBLEY HIGH SCHOOL - LOCATED AT 1897 DELAWARE AVENUE (PLANNING CASE NO. 2018-23) with the amendments as noted by the City Attorney. Mayor Garlock seconded the motion. Councilor Duggan, in relation to granting these variances, asked if there needed to be further clarification as to the reasons for the statements that had been made so that the city was in compliance with all the laws. City Attorney Andrew Pratt replied that he would interpret approval to include all of the items included in the Planning Report, incorporated within this resolution, and also the statements that he made to include. Ayes: 5 Nays: 0 E) APPROVE PUBLIC SAFETY IMPROVEMENTS FOR THE VILLAGE RETAINING WALLS Public Works Director Ryan Ruzek explained that the Council was being requested to authorize a professional services contract for public safety improvements of the Village retaining walls. In 2004, the city was part of a development to construct a Planned Unit Development, including commercial and residential space at the northeast corner of Dodd Road and Highway 62. Part of the project constructed a number of retaining walls behind the row homes on Oak Street, and adjacent to a parking lot. October 16, 2018 Mendota Heights City Council Page 12 of 15 A number of the boulders have started rolling out of the walls along the city trail that runs through the commercial properties to Linden Street. Through research, it was determined that the city is responsible for retaining walls. Therefore, for the immediate improvement, staff will install chain link netting that would be anchored into the boulder wall to prevent any additional boulders from rolling out. There is a steep slope that comes off the patios behind the property, so staff is proposing a short chain link fence on top of the wall as a safety improvement. They are also proposing to add some signage. For $2,500, the consultant will put together an initial assessment and a bid package. Staff is estimating the fencing, armoring, and safety signage to cost $10,000. Funds are available in an infrastructure fund that would allow staff to proceed with the project this fall. The consultant is estimating approximately $35,000 to do a full design for the replacement of these retaining walls. Staff has been informed that they should undertake this project in the spring of 2019. Staff requested that Council approve the professional services contract; staff would then get the consultant approved; get a bid package together; get the quotes and bring them back to Council as soon as possible. Staff would return to Council early next year with a more refined proposal for a professional services contract to bid the wall replacement. Councilor Petschel asked if the city could bond for the balance. Mr. Ruzek replied that it would be assessed in the feasibility process in the early spring or possibly held off and rolled into the street bonding in the fall. Councilor Paper asked if the Council would be presented with different solutions. Mr. Ruzek replied that would be part of the report. A professional services contract looking at the wall options, costs, and a full design of the preferred option would be brought back to the Council in the early spring of 2019. Councilor Miller moved to authorize Staff to execute a professional services contract with Bolton & Menk for $2,535. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 F) CONSENT AGENDA ITEM 5F: AUTHORIZE PURCHASE ORDER FOR THE PURCHASE OF CITY HALL GENERATOR City Administrator Mark McNeill explained that this was an item that had been discussed with Council during the budget process and is something that the Fire Marshall has been asking staff to address. Staff obtained three quotes to replace the generator at City Hall. Three quotes were received, the lowest was just under $63,000. The City Attorney noted that the city's purchasing policy calls for formal competitive bids whenever a purchase would be over $50,000. This was not done; however, the Council could choose to waive the city's purchasing policy and proceed to authorize the purchase order. Staff also suggested that the Council might want to direct staff to look at updating the purchasing policy. State bid requirements require anything over $175,000 go through a formal competitive bid process. October 16, 2018 Mendota Heights City Council Page 13 of 15 Councilor Miller asked why there was a large ($40,000) gap between the lowest bid and the others. Mr. McNeill replied that staff reviewed the lowest bid, it appeared to be legitimate, and that the bidder was aware of all of the necessary requirements. Councilor Miller asked, since the city would be looking at purchasing a generator for the newly remodeled fire station, if there could be a deal that could be worked out. Mr. McNeill replied that he would have to talk to the architect to determine what they are going to have at the fire station; it may not be comparable. This particular bid includes the removal of the current diesel fueled generator and the installation of a dual fueled (propane and natural gas) generator. It may be that the same company would be the low bidder for the fire station; however, it would also be part of the overall fire station bid process. He was unsure if the city would see any efficiency on that. Council Paper asked if the dual fueled generator would run first on natural gas and then propane. Mr. Ruzek replied that it would be a natural gas generator with an easy conversion to propane. There would not be a propane tank on the premises. Councilor Duggan moved to approve the quote from Allied Generator for $62,950. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill reminded residents to check the city's website for recreational information. He reminded residents about the Halloween Bonfire on October 31 and that the city is not accepting brush for the bonfire this year. He stated the 2040 Comprehensive Plan public hearing is being continued on October 23 by the Planning Commission. COUNCIL COMMENTS Councilor Duggan wished luck to all of the council candidates and wished everyone a safe Halloween. He expressed his appreciation to the planning staff and the Planning Commission for all of the work they have done on the Comprehensive Plan. He also mentioned the renaming of the pedestrian tunnel. Council Paper stated that it was wonderful news for the school district and the community. He is excited for the first football game next fall. This is going to be a transformative thing for the community as a gathering space. He noted that St. Thomas Academy football team is 7-0 and tomorrow night is the final game of the season versus Hill Murray. The atmosphere there for their games is really quite thrilling and he hopes it is a taste of what is to be seen at Henry Sibley in years to come. Council Miller echoed the sentiments of Councilors Duggan and Paper. He reminded residents that this year's bonfire may be the last bonfire at that particular location. He encouraged all to attend. Mayor Garlock expressed his appreciation to staff, Council, and Commissioners for the long hours over the last few days and thanked them for their hard work. October 16, 2018 Mendota Heights City Council Page 14 of 15 Councilor Petschel complimented the Public Works department for the new fencing along the culvert at Rogers Lake. It is as attractive as it can be and appears that it will be effective. She shared that the Convent of Visitation lost one of their longest serving sisters — Sister Jane de Chantal — who was one of the most beautiful souls God ever created. FAB Lem 1711 Councilor Duggan moved to adjourn. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 9:59 p.m. Neil Garlock Mayor ATTEST: Lorri Smith City Clerk October 16, 2018 Mendota Heights City Council Page 15 of 15