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2010-08-17 City Council minutesAugust 17, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 17, 2010 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 PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR COMMENTS JULY 2010 FIRE DEPARTMENT REPORT JULY 2010 PAR 3 REPORT Mayor Huber called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, K.rebsbach, and Vitelli. Absent and excused was Councilmember Schneeman. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda correcting the date in Resolution No. 10 -61, Item 6k, to August 2, 2010. Councilmember Vitelli seconded the motion. Councilmember Duggan moved approval of the minutes of the regular meeting held on August 3, 2010, as corrected. Councilmember Vitelli seconded the motion. Councilmember Duggan commented on the improved efficiencies reported in the July 2010 Fire Department report. Councilmember Krebsbach noted the number of golf rounds are down at Par 3. Assistant to the City Administrator Sedlacek noted the rounds for June and July are significantly lower than experienced the previous three years because of wet and hot weather. He pointed out that adult leagues are up but Eagan junior golf leagues are down so staff is encouraging them to offer more programs. Mr. Sedlacek presented revenues for green fees and leagues and noted the manager has increased concession sales. SIGN PERMIT FOR SUBWAY RESOLUTION NO. 10 -61 PROMOTING RYAN RUZEK CONSENT CALENDAR August 17, 2010 Page 2 Councilmember Duggan stated he had asked staff to check the date of the original sign permit that was approved for Subway. Mr. Sedlacek stated a permit was approved for the new signs at Subway but he neglected to verify the date. He explained this application is just for the open sign on the north and west elevation, which was not included in the previous sign application. Councilmember Duggan stated he had talked with staff about a minor correction in the fifth WHEREAS, third line, to change the word he to his. Councilmember Krebsbach asked if this salary increase is in the current budget? Public Works Director /City Engineer Mazzitello answered in the affirmative and advised that the corrections requested by Councilmember Duggan have been made to the resolution for the Mayor to sign. Councilmember Duggan moved approval of the consent calendar as presented, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Minutes and Agenda b. Acknowledgement of the July 2010 Fire Department Report c. Acknowledgement of the July 2010 Par 3 Report d. Acknowledgement of Turnback of MnDOT Right -of- Way e. Acknowledgement of Tetzlaff Planning Application Withdrawal f. Authorization to Replace the Garage Floor Coating at the Fire Hall g. Authorization for Out of State Travel for Investigative Training h. Approval of Sign Permit for Subway (768 Highway 110) i. Approval of Sign Permit for VIP Properties, LLC /Marathon Management (2303 Waters Drive) j. Adoption of Resolution No. 10 -60: "RESOLUTION ADOPTING A PURCHASING POLICY" k. Adoption of Resolution No. 10 -61: "RESOLUTION PROMOTING RYAN RUZEK TO THE POSITION OF ASSISTANT CITY ENGINEER" August 17, 2010 Page 3 1. Adoption of Resolution No. 10 -62: "RESOLUTION PROVIDING FOR THE SALE OF $1,055,000 G.O. IMPROVEMENT BONDS, SERIES 2010A" m. Approval of Contractors List dated August 11, 2010 n. Approval of the List of Claims, dated August 17, 2010, totaling $385,496.81 Councilmember Vitelli seconded the motion. Mary Winieck, 2360 Kressin Avenue, presented a letter from Eric Palmer about the sale of 2370 Kressin Avenue, a residential property, to a facility. She noted Visitation School was denied access to Lake Drive due to increased traffic flow and neighbors believe there will be a heavy increase in traffic to this group home based on traffic and police counts to other group homes operated by this same organization. Mayor Huber explained that pursuant to state law, the city has no jurisdictional rights if a group home houses six or fewer residents. Ms. Winiecki noted one group home had 177 police responses and asked if there is ever a point where a group home is closed? City Attorney Diehm advised that Minnesota has enacted statutes that prevent cities from placing zoning controls on residential treatment programs or group homes of six or fewer residents. If more than six residents, the city has the ability to impose additional regulations. She explained that if there are repeated police calls it would be handled in the same way as repeated calls to any single - family property. Police Chief Aschenbrener stated there are a number of such facilities in Mendota Heights but none the city has taken action against. He explained the Police Department works through the problems when issues are raised. Police Chief Aschenbrener stated he had reviewed the call statistics contained in the e -mail being referenced and while there were 177 calls, a number were for missing persons and not an emergency response. He explained that the number of calls will depend on the nature of facility and residents and noted that to be placed at a half -way house, August 17, 2010 Page 4 the resident has to be meeting established goals and if they are not progressing, they are not allowed at the half -way house. Police Chief Aschenbrener stated if it is found that calls are excessive, staff will consider a repeat call ordinance to address the matter. Councilmember Duggan stated when discussing an assisted living facility, legal staff advised the city has no control over the number of facilities and asked when a residence is no longer a residence and a neighborhood becomes more of a businesshood? He asked staff if there should be limits on the number of facilities within an area or based on population? Councilmember Krebsbach supported looking at ways to preserve the city's residential neighborhoods such as requiring a permit for rental housing and a repeat call ordinance. She supports having such ordinances in place rather than the city being reactive. Mayor Huber noted that residents can contact their state legislators since it involves a state statute. Mr. Mazzitello stated at the last meeting he had presented the city with a U.S. flag that was flown in Afghanistan during a combat mission and each Councilmember with a 455 Expeditionary Civil Engineer Squadron Coin. He noted that Councilmember Vitelli built the case for the Flag but was not in attendance at the last meeting. Mr. Mazzitello presented Councilmember Vitelli with a 455 Expeditionary Civil Engineer Squadron Coin. Councilmember Vitelli stated his thanks to Mr. Mazzitello for this gift and his service to the country. Mayor Huber stated that filing for city office had closed today and announced that three are seeking election to the Council: Councilmember Duggan, Liz Petschel, and Sally Lorberbaum. Councilmember Schneeman is not seeking re- election. Two are seeking election to the office of Mayor: Councilmember Krebsbach and former Councilmember Jill Smith. Mayor Huber stated he is not seeking re- election. Mayor Huber wished all five candidates the best and stated that democracy does not work without choices. He encouraged residents to welcome August 17, 2010 Page 5 candidates and be thankful they are willing to stand up and run for office. Councilmember Vitelli concurred and noted the candidates are experienced and dedicated to the city. Finance Director Schabacker explained that at its July 20, 2010 meeting the council authorized a public hearing for the refunding of bonds for St. Thomas Academy issued in 1999, primarily for the construction of a middle school. Ms. Schabacker noted the attendance of representatives from St. Thomas Academy and Briggs and Morgan to answer the council's questions. Mary Ipple, Briggs & Morgan, introduced herself and explained they are required under federal law to hold a public hearing regarding the potential extension of the maturity schedule for the 1999 bonds. A notice was published for the public hearing, as required by federal law, containing pertinent information. She noted a resolution has been prepared for the Council's consideration after the public hearing. Mayor Huber opened the public hearing at 7:29 p.m. and asked for public comments There being no questions or comments, Councilmember Vitelli moved to close the public hearing at 7:30 p.m. Councilmember Krebsbach seconded the motion. Ms. Ipple presented the resolution to authorize the issuance of a note to be purchased by US Bank. The note will bear tax exempt status since St. Thomas Academy is a charitable organization. The bond is not payable by the city, which is merely the issuer of the bond. The resolution also approves the loan agreement between the city and St. Thomas Academy and pursuant to the loan agreement the proceeds are leant by the city to St. Thomas Academy who agrees to pay the note back in accordance with the terms. Councilmember Duggan asked if there is any cost to the city going forward? Mr. Ipple confirmed there are none and all fees are paid by St. Thomas Academy. August 17, 2010 Page 6 Councilmember Krebsbach asked what would happen if St. Thomas Academy is unable to repay the bonds? Ms. Ipple advised it is solely between St. Thomas Academy and US Bank. US Bank can only look to St. Thomas Academy for repayment. Ms. Ipple noted this will pay off the old note to extend the time for repayment at a lower interest rate. Councilmember Duggan asked about the pledge agreement document? Ms. Ipple stated under this agreement the city pledges the loan payment it receives from St. Thomas Academy to US Bank through a direct payment. Ms. Ipple read the required statutory language. Councilmember Vitelli moved adoption of Resolution No. 10 -63, "A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE (ST. THOMAS ACADEMY PROJECT), SERIES 2010." Councilmember Duggan seconded the motion. City Administrator McKnight presented the request of St. Thomas Academy for a one -year extension of their conditional use permit (CUP), planning case #2004 -29, for an air supported structure and accessory building. The current CUP expires on August 4, 2011. Mr. McKnight explained the city issued the original CUP in 2004 to construct an air dome as a temporary field house while fundraising was underway for the construction of a permanent field house. The CUP was approved for two three -year periods. The second three -year period expires in the summer of 2010. In 2009, St. Thomas received a one- year extension of the CUP through August 4, 2011, and added the conditions that the applicant provide documentation outlining the use of the structure ceasing for six months out of each year and an annual report by the Fire Marshal indicating that the structure meets current safety and building code requirements. St. Thomas Academy is now requesting a one -year extension of their CUP through August 4, 2012. Mr. McKnight noted the reports and meeting minutes contained in the packet and attendance of Robley Evans to answer the Council's questions. August 17, 2010 Page 7 Robley Evans, St. Thomas Academy Business Manager, presented a progress report on their activities. Pope Architect has completed schematic designs for the activity center, which have been reviewed by city staff. They have also refinanced the middle school debt so they are better positioned to obtain additional financing. Mr. Evans stated they have maintained the air dome, added insulation to extend use into the winter months, and installed treated lumber to assure structural integrity. They are continuing fundraising efforts and had hired Chris Ritten as the development director. In addition, last October they named co- chairs to run the fund raising for the activity center. Mr. Evans stated they have raised $2.8 million and a number of other pledges in the silent phase that should be completed by December. He stated they would like to continue to use the air dome within the city's guidelines, noting it is also used by community association youth programs. Councilmember Vitelli moved adoption of Resolution No. 10 -64, "A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT FOR AN AIR- SUPPORTED STRUCTURE AND ACCESSORY BUILDING LOCATED AT 949 MENDOTA HEIGHTS ROAD." Councilmember Krebsbach seconded the motion. Councilmember Krebsbach stated she had supported the last extension because it is difficult to change programming. She asked if they are working with programming, which is usually done one year in advance, since this building will not be constructed in one year? Mr. Evans stated the programming is for two years, until 2012. Councilmember Krebsbach asked about the cost of the building? Mr. Evans estimated $13 -15 million. Councilmember Krebsbach wished them well in their fund raising efforts. Councilmember Duggan suggested changes to the resolution in the first WHEREAS to strike "Mr. Robert Ostlund" and correct the address to 949 Mendota Heights Road; in the NOW THEREFORE BE IT RESOLVED paragraph, third line, add "proposed and approved in planning case..." Mayor Huber asked that the city's naive be corrected above his signature line. Council consensus Ayes: 4 Nays: 0 CASE 10 -24 STACY AND ROB HERMAN 1033 WILLIAM COURT August 17, 2010 Page 8 was reached to approve these minor revisions to the resolution. Mayor Huber stated he supported the suggestion made last year by Councilmember Vitelli to consider only one -year renewals. However, he remains concerned about the structure remaining because it would not have been approved had the council known it would be in place this long. He encouraged St. Thomas Academy to remain vigilant in its fund raising efforts. Assistant to the City Administrator Sedlacek reviewed that Stacy and Rob Hermann, 1033 William Court, had submitted a planning application for a conditional use permit (CUP) and variance to construct a 360 square foot accessory structure with side and rear setback variances. Staff met with the applicants to discuss alternatives to meet their storage needs and the applicant revised the site plan to rotate the 360 square foot structure to be compliant with the ten foot side and rear setbacks. Thus, a variance is no longer being requested. The applicants are requesting an eight -foot wide doorway with two hinged doors. Mayor Huber questioned the status of the initial variance application? Mr. Sedlacek stated he informed the applicants they would have to foimally withdraw the variance request. Councilmember Krebsbach asked about the oversized garage doors? Stacy Hermann, applicant, stated they are requesting two four -foot hinged doors, totaling eight feet. Councilmember Duggan requested the following revisions to Resolution No. 10 -65: under NOW THEREFORE BE IT RESOLVED, 1. The doors to the structure..." and under BE IT FURTHER RESOLVED, add "and meets the established rear yard and side yard setbacks of the City Code." The council concurred with these suggested revisions. Councilmember Duggan moved adoption of Resolution No. 10 -65, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AN Ayes: 4 Nays: 0 COUNCIL COMMENTS ADJOURN Ayes: 4 Nays: 0 August 17, 2010 Page 9 ACCESSORY STRUCTURE AT 1033 WILLIAM COURT, as revised above and conditioned on the applicants submitting a signed request to withdraw the variance request." Councilmember Krebsbach seconded the motion. Councilmember Duggan stated he is happy all are enjoying summer. He announced the August 18, 2010, celebration at the Village with the Bunny Clogs. Councilmember Krebsbach said she is looking forward to running for the office of Mayor. Councilmember Vitelli encouraged all to attend the celebration. There being no further business to come before the Council, Councilmember Duggan moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 7:49 p.m. Nancy BaV u& Acting City Clerk Prepared by Carla Wirth, Recording Secretary