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2012-02-21 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 21, 2012 February 21, 2012 Page 1 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 Vitelli. 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 Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items D) Renewal of Street Maintenance Joint Powers Agreement; J) Appointment of Alternate Dakota County Communications Center Representative; L) Partners in Preservation Grant Agreement; and N) Authorization to Seek Professional Services for Design of Pedestrian Safety Improvements at Highways 110 and 149 a. Acknowledgement of February 8, 2012 City Council Minutes b. Acknowledgement of February 9, 2012 City Council Workshop Minutes c. Acknowledgement of January 2012 Treasurer's Report d. Renewal of Street Maintenance Joint Powers Agreement e. Tobacco License for Poopha Incorporated /Mendota Liquor f. Appointment of Fire Department Captains g. Approval of Out of State Travel — 2012 Fire Instructors Conference h. Receive January Fire Department Synopsis Mendota Heights City Council February 21, 2012 Page 2 i. Acknowledge Resignation of Firefighter j. Appointment of Alternate Dakota County Communications Center Representative k. Vehicle Purchase and Emergency Equipment Installation 1. Partners in Preservation Grant Agreement m. Petition for Streetlight on Furlong Avenue n. Authorization to Seek Professional Services for Design of Pedestrian Safety Improvements at Highways 110 and 149 o. Approve the Contractors List p. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 D) RENEWAL OF STREET MAINTENANCE JOINT POWERS AGREEMENT Public Works Director John Mazzitello explained the Joint Powers Agreement (JPA) is for traffic markings, street sweeping, crack sealing, screening, and sealcoating. This agreement is with a number of different cities in both Dakota County and Scott County and is utilized each year for Mendota Heights' crack sealing and sealcoating program. He explained Councilmember Vitelli had requested information through City Administrator Justin Miller regarding the costs and savings realized by utilizing the JPA. Mr. Mazzitello stated that the administrative costs would be somewhere in the vicinity of $1,500 to put the contract together, bid it, award it, and to administer the contract. Whereas under the JPA, the fee that the City of Burnsville charges for administering the program for all of these cities is $550 which is based on a $50,000 estimate. He stated however, the most valuable asset in using this JPA is in the staff time that it saves the city. Councilmember Petschel made the observation that the city is probably getting "more bang for our buck" because of the purchasing power of this larger group. Mr. Mazzitello confirmed. For future reference, which Mr. Mazzitello made a note; Councilmember Duggan suggested a change to a phrase in the agreement to make it more legal and appropriate than currently worded. Councilmember Vitelli moved to approve Renewal of Street Maintenance Joint Powers Agreement Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 J) APPOINTMENT OF ALTERNATE DAKOTA COUNTY COMMUNICATIONS CENTER REPRESENTATIVE Mayor Krebsbach stated that she has been the alternate and Councilmember Duggan is the representative to the Dakota County Communications Center. She commented that Councilmember Duggan has excellent attendance therefore she has only attended one meeting. Mayor Krebsbach expressed with the number of commitments to boards she serves on she believes it would be more Mendota Heights City Council February 21, 2012 Page 3 appropriate that another Councilmember be the alternate. Mayor Krebsbach recommended Councilmember Povolny, who accepted the appointment. Mayor Krebsbach moved to approve Appointment of Councilmember Povolny as the Alternate Dakota County Communications Center Representative. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 L) PARTNERS IN PRESERVATION GRANT AGREEMENT Councilmember Duggan expressed his desire that the council consider pursuing a historic preservation designation for Pilot Knob. St. Peters Church is a historically preserved building and recognized nationally. He believes it is appropriate that Pilot Knob also be preserved and the council pursues that recognition — unless it is cost prohibitive. Councilmember Duggan offered to speak with a member of the Minnesota Historical Society to get the parameters that are required for this before it goes further and bring it back to the council. Mayor Krebsbach also recommended that a member of the Pilot Knob Preservation Group be consulted to determine if, for some reason, this would not be an appropriate designation. Councilmembers expressed their agreement that this would be a good idea to pursue. Assistant to the City Administrator Jake Sedlacek explained that the grant agreement is from the National Trust for Historic Preservation who has granted the city $75,000 to remove the utility lines, which go along the old Pilot Knob roadbed. Since the utility companies want to keep them, the lines would be buried in the old roadbed until such a time that would require the utility lines removed. He stated this would remove one more visual barrier from the site. Additionally, in the grant application was a request for some funding to target some areas that have been a little bit more stubborn from a restoration effort. Staff is working with engineering to try and get this work completed in the spring and then see what kind of funding is left over for that restoration effort. Councilmember Duggan inquired whether the funding for the display of a project sign in a prominent location is part of the grant or if it is something the city would have to provide. Mr. Sedlacek replied that he is not entirely sure what that requirement is. There is signage on hand from the grant program but he is unsure if they are asking that the city redisplay that or if they are asking for something new. Councilmember Vitelli moved to approve The Partners in Preservation Grant Agreement. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council February 21, 2012 Page 4 N) AUTHORIZATION TO SEEK PROFESSIONAL SERVICES FOR DESIGN OF PEDESTRIAN SAFETY IMPROVEMENTS AT HIGHWAYS 110 AND 149 Councilmember Duggan commended staff on the excellence of the proposal. He then asked if the $96,800 would be budgeted for next year — the city's 20% contribution. Public Works Director John Mazzitello replied that the costs for 2013, which would be the matching portion of the grant and any other consultant fees are already budgeted in the street improvement plan and paid out of the Municipal State Aid Account. Mayor Krebsbach commented that the council did discuss this extensively at the workshop and all of the Councilmembers are comfortable with the direction of the project but expressed appreciation for Councilmember Duggan pulling this item so it could be brought to the public's attention. She inquired when this would be constructed. Mr. Mazzitello replied that, as outlined in the RFP, construction would begin in the spring of 2013 and would be completed approximately July /August in 2013. The goal is to have the construction completed before school starts but is weather and contractor dependent. Councilmember Duggan asked to be refreshed as to why the feasibility study was completed on a Saturday rather than a weekday. Mr. Mazzitello replied that he believes that was a clean up day and pedestrian traffic at the intersection was increased because of the events at the Mendota Plaza. Councilmember Duggan moved to Approve Authorization to Seek Professional Services for Design of Pedestrian Safety Improvements at Highways 110 and 149 Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Ken Weisenberger alerted the public of a benefit being held on Saturday for one of the city's injured firefighters. This firefighter was on her honeymoon when a parasite got in between her contact lens and her eye and caused significant damage. The benefit will be held on Saturday, February 25, 2012 from 3:00 p.m. to 8:00 p.m. at the Mendota VFW. The benefit includes a silent auction, spaghetti dinner, and live music by Sandy and the Hitmen. Tickets are $10 per person and everyone is invited and encouraged to attend. Items available in the silent auction include: • Baseball bat autographed by Joe Mauer • Ball signed by Jim Thome • Ball signed by Jack Morris, commemorating the 1991 World Series no hitter that he threw • Tickets to Neil Diamond • Tickets to Cold Play • Three sets of Wild Tickets • Theme gift basket from each of the firefighter squads Plus many more Mendota Heights City Council February 21, 2012 Page 5 UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2012 -04; VARIANCE — ISD 197 /11ENRY SIBLEY HIGH SCHOOL AND CONSIDERATION OF "RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM WALL SIGN AREA REQUIREMENT AT 1897 DELAWARE AVENUE" Assistant to the Administrator Jake Sedlacek explained this is a continuation from the previous meeting. Henry Sibley High School is seeking variances for wall signs; this is for the number of wall signs and the size of the wall signs. The high school currently has large lettering saying Henry Sibley High School, which is on the south side of the building facing Highway 110. They are now seeking to put red lettering saying Henry Sibley Warriors on the north side of the building and then near the main entrance of the building displaying the logo. These are painted signs and are non - illuminated. This was discussed briefly at the last meeting and there have been some changes made to the resolution on the matter as suggested by council. The changes made to the resolution include: • Add the indication that there is more than one variance being requested • Addition of language that is `as approved' so even though the title might say variance, the language of the resolution always implies that the planning application presented is what is being approved • Added a `finding' stating that the size of the building is significantly larger than other buildings in the residential zone • Deleted a `finding' regarding the illumination of the sign • Illumination of the sign was added as a condition of approval; that the new wall signs will not be illuminated Councilmember Duggan pointed out that the beginning of the resolution says approving variances but the language of the resolution says variance (plural versus singular). The language should be consistent throughout the resolution. It is his understanding that there are two variances, one for the two different signs and one for the size of the signs. Councilmember Duggan also suggested that the resolution read in residential zones rather than in the residential zone. Councilmember Vitelli and Councilmember Petschel indicated that they liked the changes made to the resolution. Mayor Krebsbach expressed her concern that there was not a representative from the school present to speak to this because the sign she saw is actually in italics and is different than the one presented. Their operations person, who is very knowledgeable, stated that they would not be slanted but would be straight up. She expressed her belief that it is very important that council be very careful about anything that is done related to signage. She would be more comfortable with two resolutions, one variance for the number of signs and another for the parameters of the signs. Councilmember Duggan asked City Attorney Tami Diehm if the changes he suggested to the resolution would address Mayor Krebsbach concerns. City Attorney Diehm replied that the changes Councilmember Duggan suggested were appropriate and could be done administratively. If the Mayor Mendota Heights City Council February 21, 2012 Page 6 would like to see two resolutions, then staff would have to come back to the council with those documents. It is within the council's right to approve both variances in one resolution. Brief discussion followed in regards to the font and color of the lettering on the signs. Councilmember Duggan moved approval of a "Resolution Approving a Variance from the Maximum Wall Sign Area Requirement at 1897 Delaware Avenue" as amended. Councilmember Vitelli seconded the motion. Councilmember Vitelli commented that Mayor Krebsbach's points are good; however, he believes that the council should not get too deeply into the decisions regarding typeface, etc. Mayor Krebsbach replied that her point is that the council could require common lettering for one institution or business and not allow them to change the look as they go around the building. Additional discussion and comments were made in regards to the font of the school name being consistent. Ayes: 4 Nays: 1 ( Krebsbach) UNFINISHED AND NEW BUSINESS B) PLANNING CASE 2012 -01; ZONING AMENDMENT — CITY OF MENDOTA HEIGHTS; "ORDINANCE AMENDMENT RELATING TO MINOR WETLAND PERMITS" Assistant to the Administrator Jake Sedlacek explained that this is a planning application that was initiated by the city in response to Planning Commission and City Council comments that perhaps some of the wetlands permits that are reviewed through the formal process could be expedited. Staff brought ideas and concepts to the Planning Commission, who discussed those ideas at length and then requested staff make formal application for a zoning amendment. The current wetlands zoning does have language for minor developments. This ordinance would strike the existing language on minor developments and create new language for administrative approval of wetlands permits that meet a tight set of conditions. If an application is made to staff and staff was not inclined to approve it, that resident or business would then be subject to the regular wetlands permitting process. This is not an administrative denial process, but only if applicants meet certain conditions could they then be approved. Councilmember Duggan, in reference to the list of conditions, asked if it was totally comprehensive. Mr. Sedlacek replied that it is not totally comprehensive by design. It is a specific list of conditions that the Planning Commission felt would be appropriate for administrative approval. If the application does not fall within those guidelines then it would need to go through the standard wetlands permit process. Councilmember Petschel, having watched the discussion at the Planning Commission, expressed her comfort with the items identified in the list of conditions. Councilmember Vitelli moved approval of "Ordinance Amendment Relating to Minor Wetland Permits" Mendota Heights City Council February 21, 2012 Page 7 Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS C) PLANNING CASE 2012 -02; ZONING AMENDMENT — CITY OF MENDOTA HEIGHTS; "ORDINANCE AMENDMENT RELATING TO CRITICAL AREA PERMITS" Assistant to the Administrator Jake Sedlacek explained that this is another action initiated by staff at the request of the Planning Commission and Council. This item was vetted through the Planning Commission and they are the ones that decided that staff should submit a formal application. There is existing language in the critical area permit in the code that allows for an expedited process. While staff used this process on a regular basis as recent as 10 years ago, there were a couple of instances that were in the gray area and staff was in a tough spot of whether or not to apply the standards. Since that time city council requested that all critical area permits, no matter the scope, go through the standard process. As these discussions came forward staff took a similar approach to the wetlands permit and created more specific conditions around when that existing authority can be utilized. The proposed ordinance amendment does not strike any language besides `inappropriate or unduly burdensome' but adds the conditions. It is not recommended to have administrative approval of critical area permits. The conditions before the council are the conditions under which an application could be brought straight to City Council without going through the full public hearing process. A couple of these have been done in the past few months and staff has been very careful to make sure council has the understanding that if they feel at any point it needs a public hearing, the process is still underway and there is still due process for all residents in the area to provide feedback on it. Mr. Sedlacek pointed out that both the wetlands permit and the critical area permit are subject to the same appeal process that any city decision is, be it administrative or city council. Councilmember Duggan moved approval of "Ordinance Amendment Relating to Critical Area Permits" Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli expressed his appreciation to Public Works for getting the snow cleaned up. Councilmember Petschel mentioned that the Rogers Lake Shore Patrol, when visiting some ice fishermen, found someone who had just pulled out a 31 -inch walleye. The ice fishing has been good. Councilmember Duggan repeated that Saturday is a big day and encouraged residents to take time out and attend the benefit and spend a few dollars for this firefighter. Mendota Heights City Council February 21, 2012 Page 8 i Mayor Krebsbach commented that she was asked to make a presentation on the city's tax rate and why the taxes have remained low to the West St. Paul/Mendota Heights Rotary Club. The club donated two sapling trees, which they give each speaker. Mayor Krebsbach made the announcement that Rabbi Morris Allen has celebrated 25 years at Beth Jacob. He started at Beth Jacob when it was a very small congregation and they now have over 400 households. When she was reading about his celebration, she noted that he is considered one of the 50 top significant Jewish Americans in the country. Mayor Krebsbach adjourned the meeting at 7:50 p.m. Krebsbach ATTEST: Sandie T one City Clerk