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2010-05-18 City Council minutesPursuant to due call Heights, Minnesota Minnesota. May 18, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 18, 2010 and notice thereof, the regular meeting of the City Council, City of Mendota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Acting Mayor Vitelli called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Krebsbach and Schneeman. Absent and excused was Mayor Huber. Councilmember Duggan notified Council that he would be late. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan arrived at 7:01 p.m. Councilmember Schneeman moved adoption of the agenda as presented. Councilmember Duggan seconded the motion. Councilmember Duggan moved approval of the minutes of the regular meeting held on May 4, 2010 as presented. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented, pulling items 6e, 6f, and 6o for further discussion, and authorization for execution of any necessary documents contained therein. a. Acicnowledgerent of the NDC4 Meeting Agenda b. Acknowledgement of April 2010 Treasurer's Report c. Acknowledgement of Fire Department April 2010 Monthly Report d. Acknowledgement of April 2010 Building Activity Report e. Acknowledgement of Par 3 Update Ayes: 4 Nays: 0 PAR 3 UPDATE Ayes: 4 Nays: 0 WILDLAND FIRE PROTECTION COOPERATIVE AGREEMENT May 18, 2010 Page 2 f. Authorization for Wildland Fire Protection Cooperative Agreement Authorization for Purchase of Greens Mower for Par 3 h. Authorization for Sale of 1996 Chevy Blazer i. Approval of Fire Department Equipment Purchase Request Approval of Weed Inspector Appointment Approval of City Clerk Kathy Swanson Retirement Effective June 30, 2010 1. Approval of Personnel Code Update m. Approval of Financial Crimes Services Agreement Update n. Approval of Computer Use Addendum Update o. Approval of Sign Permit (790 South Plaza Drive) p. Adoption of Resolution No. 10 -33: "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200906 — SEWER LINING" Adoption of Resolution No. 10 -34: "A RESOLUTION ACCEPTING CENTRE POINTE CURVE WITHIN THE CORPORATE BOUNDARY OF THE CITY OF MENDOTA" r. Approval of Contractors List, dated May 12, 2010. s. Approval of the List of Claims, dated May 18, 2010, totaling $204,951.94. g. J• k. q. Councilmember Krebsbach seconded the motion. Councilmember Schneeman referenced a recent Pioneer Press article that highlighted the city's Par 3 Golf Course as the only successful municipal golf course. Councilmember Duggan moved to acknowledge the Par 3 update. Councilmember Krebsbach seconded the motion. Councilmember Duggan referenced Article II of the Cooperative Agreement and asked for clarification regarding how the incident commander is identified. Fire Chief Maczko explained they use standard operating procedure and if the department shows up first they are responsible for the command until relieved. May 18, 2010 Page 3 Councilmember Duggan referenced Article III regarding repairs to equipment. Fire Chief Maczko explained that with mutual aid, the responding agency is responsible for its own equipment, unless it is a gross negligence situation. He noted the city's equipment is covered by the city's insurance company. Councilmember Duggan referenced Attachment 1 and asked if the $350 for the first half hour of response fee is divided between all responding fire departments? Fire Chief Maczko advised that each department has its own agreement. Councilmember Duggan asked whether the words Mendota Heights should be included to identify the responding agency? Fire Chief Maczko noted the first page of the agreement indicates it is between the US Department of the Interior Fish and Wildlife Service and the Mendota Heights Fire Department. Councilmember Duggan referenced Attachment B, #11, and asked if the fire department is familiar with these rules and regulations? Fire Chief Maczko answered in the affirmative, noting it involves standard federal rules and regulations, which are also available online. Councilmember Krebsbach noted the city will not be responding to any more fires than normal. Fire Chief Maczko responded that is correct but the department will be compensated. Councilmember Schneeman moved to authorize staff to enter into the Wildland Fire Protection Cooperative Agreement. Councilmember Duggan seconded the motion. Councilmember Duggan noted that City Clerk Swanson is retiring and he is happy that she has agreed to return to assist with the 2010 elections. Councilmember Krebsbach added her commendations to Ms. Swanson. Councilmember Duggan moved to approve, with regret, the retirement of City Clerk Kathleen Swanson effective June 30, 2010, and to approve entering into a phased retirement Ayes: 4 Nays: 0 SIGN PERMIT 790 SOUTH PLAZA DRIVE Ayes: 4 Nays: 0 PUBLIC COMMENTS PUBLIC HEARINGS: WINE AND 3.2 MALT LIQUOR LICENSES TOMMY CHICAGO'S PIZZERIA Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 HEARING:3.2 MALT LIQUOR LICENSES May 18, 2010 Page 4 program for a period of one year effective July 1, 2010, with the hourly wage for hours worked during 2010 to be the same as the rate in effect on June 30, 2010. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach stated she wants to be sure the sign will not be larger or have higher lumens. Assistant to the City Administrator Sedlacek advised the sign frame is existing and the lower portion will remain the same. The request is to change the upper portion identifying the name and phone number. Councilmember Krebsbach moved to approve the sign permit for 790 South Plaza Drive. Councilmember Duggan seconded the motion. Acting Mayor Vitelli stated that the Minnesota Monthly magazine listed top lawyers in Minnesota. Only three lawyers were listed under municipal law and one of them was City Attorney Diehm. Acting Mayor Vitelli extended his congratulations to Ms. Diehm for this recognition. Acting Mayor Vitelli opened the public hearing at 7:13 p.m. and asked for public comments. There being no questions or comments, Councilmember Krebsbach moved to close the public hearing at 7:14 p.m. Councilmember Duggan seconded the motion. Councilmember Krebsbach moved to authorize the issuance of on -sale wine and on -sale 3.2 malt liquor licenses to Windy City Pizza for Tommy Chicago's Pizzeria, subject to approval by the State Liquor Commissioner and positive investigation results. Councilmember Duggan seconded the motion. Acting Mayor Vitelli opened the public hearing at 7:14 p.m. for the issuance of off -sale 3.2 malt liquor licenses to SuperAmerica and an on -sale 3.2 malt liquor license to the Mendota Heights Par 3. He asked for questions and comments from the audience. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 SPECIAL OPERATIONS TEAM PRESENTATION May 18, 2010 Page 5 There being no questions or comments, Councilmember Duggan moved to close the public hearing at 7:15 p.m. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved to authorize the issuance of off -sale 3.2 percent malt liquor licenses to SuperAmerica for its facilities on Highway 110 and Mendota Heights Road, and issuance of an on -sale 3.2 percent malt liquor license to the City for the Mendota Heights for the Mendota Heights Par 3 Golf Course. Councilmember Schneeman seconded the motion. Police Chief Aschenbrener recognized the effort that went into the Dakota County Special Operations Team (DCSOT) including its organization, training, compliance, and commitment of the members. He stated everyone should be proud of them and what has been accomplished in seven years. Mike Pott, Special Operations Team Leader, explained a JPA was entered into by Dakota County and eleven cities in September of 2003 with the goal to provide specialized responses that were otherwise too expensive for each community to develop and maintain on its own. He displayed an organizational chart and explained what each group is charged to handle. Mr. Pott presented their mission statement to provide unique, specialized rescue and emergency response services to augment existing community services in the area of fire, law enforcement, and EMS. This pooling of resources allows them to provide for programs that are not redundant. Mr. Pott stated they have 36 team members made up of police, fire, and EMS personnel so they can provide responses for all three disciplines. The team does not operate from a single agency so their vehicles and equipment are housed by various agencies throughout Dakota County. This allows team members to more quickly respond directly to the incident scene. Councilmember Krebsbach asked how confined space training is conducted? Mr. Pott stated the minimum May 18, 2010 Page 6 certification requires forty hours of training and uses recognized national instructors and standards. Mr. Pott displayed pictures and described the types of calls involved for each discipline. He stated the initial core training is 300 hours. After that they train monthly to sustain skills and have several other training opportunities during the year. He stated that since July of 2004 they have responded to 39 calls and many more consultations. Mr. Pott provided details on two notable callouts they received, one involving a multiple hazmat incident with a mercury spill in Rosemount and a technical rescue in Farmington that successfully rescued an individual from a silo. Mr. Pott advised they have entered into a regional /state partnership with the Minneapolis, St. Paul, Edina, and Rochester fire departments which allows them to draw from those crews to assist when required. This creates the availability for a trained state -wide coalition that can respond much faster. Mr. Pott informed the Council regarding incidents to which they have responded including the 35W bridge collapse and the Oakville, Iowa flood. Mr. Pott presented a list of program benefits that included: individual skills for daily responses; team members who can instruct departments; no need to maintain teams in each community; sharing of costs, resources and personnel; specialty resources available locally with regional partners; and community partnerships. With regard to budget and funding, the initial intent was to fund the majority through grants and they have taken advantage of two funding streams: the county and the State Task Force Program. Their annual budget provides maintenance, upkeep of the program and to purchase a few items not qualified under a grant. The program has maintained a level budget for the last three years and through 2011. The annual cost for Mendota Heights is $2,000. Mr. Pott stated this program could not be run without the support of the county and all communities, as well as the team members' personal commitment. He advised the team is authorized to have 36 members and is currently at 28 members so it is recruiting members. May 18, 2010 Page 7 Councilmember Schneeman asked about payment for team members? Mr. Pott stated they are paid through their sponsoring agency and they have career and on -call paid team members. Councilmember Krebsbach noted Mendota Heights is listed as having three people participate. Mr. Pott stated there were three members but at this time Mendota Heights has no one on the team due to promotions and retirements. !, Councilmember Duggan asked about the qualifications to make application. Mr. Pott stated they have had both male and female members and requirements are dependent on the sponsoring agency. Acting Mayor Vitelli asked who is in charge and has chain of command during a major metro or state emergency? Mr. Pott stated there would be one command and likely utilize incident management teams who would determine available resources and prioritize those resources. He explained the agreement allows the ability for the S.O.T. members to first protect the county. Fire Chief Maczko stated this team is a blended resource with many advantages to create specialized teams that no one community can do on its own, and the Mendota Heights Fire Department has benefited since members receive specialized training. He explained there is a minimum requirement of five years and applicants need to be sponsored by an agency. Fire Chief Maczko advised that fire fighters Roy Kingsley and Jeff Stenhaug and police officer Eric Petersen have met their five year commitment. He introduced fire fighters John Mendez and Dale Stein who have expressed interest in sponsorship to the Special Operations Team, noting they are both very qualified and committed. Acting Mayor Vitelli thanked the team members for their commitment and Mr. Pott for the well- stated presentation. He said it was not until after he was on the Council that he recognized the great range of skill and training of the city's Police Department, Fire Department, and the DCSOT. CASE NO. 10 -08 ROY BESTER AND HAYLEY HEIDELBERG CONDITIONAL USE PERMIT May 18, 2010 Page 8 Councilmember Krebsbach noted that since this is managed, there is not an over response to incidents. She stated the successful rescue of the person from the grain silo is a testament to their skill. Councilmember Duggan thanked Mr. Pott for the informative and professional presentation. Mr. Sedlacek advised that the applicants are not in attendance at tonight's meeting but are aware of the Council's request that they attend. He stated they have submitted additional information about their request. The Council discussed that the applicants had attended the Planning Commission meeting and then submitted additional material to relocate the fence 30 feet from the curb. The Planning Commission has not reviewed the revised application that moves the fence closer to the home to be more in conformance with the city's standard. Councilmember Duggan stated the concern was that the fence not be located on the neighbor's property nor the city's right -of -way. He noted that staff has indicated the new fence location is certainly on the applicant's property. Following a short discussion, Council consensus was reached to consider the application tonight. Mr. Sedlacek reviewed the application from Hayley Heidelberg and Roy Bester for a conditional use permit to erect a fence at 752 Mohican Court. He explained the first request was to place the fence as close as possible to the property line. However, a resident expressed concern with the location on the property line so the applicants revised their request to locate the fence 30 feet from the curb, which is fourteen feet from the property line. Mr. Sedlacek noted if there is some confusion as to the exact location of the property line, staff is confident the fence will be within the applicant's property if located 30 feet from the curb. He advised that the neighbor, Bernie Friel has not objected to the revised request. The Planning Commission put a number of conditions on their approval recommendation, which are listed in the Council packet. Those conditions include: Nays: 4 Nays: 0 MENDOTA PLAZA DEVELOPMENT AGREEMENT AMENDMENT May 18, 2010 Page 9 ® The applicant shall obtain a fence permit prior to installation of the fence. ® The fence shall be constructed entirely upon the applicant's property. ® The fence shall meet the regulations established in Section 12 -1D -6. Councilmember Krebsbach expressed concern that the property owner understands the new fence location. Mr. Sedlacek referenced the documentation provided by the applicant clearly indicating they have revised their request to place the fence a distance of 30 feet from the curb. Councilmember Schneeman moved adoption of Resolution No. 10 -35, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SIX FOOT FENCE WITHIN THE 30 FOOT SETBACK ON A CORNER LOT AT 752 MOHICAN LANE," as amended to include that the location of the fence has been changed by the applicant since the Planning Commission meeting, reviewed by the consulting planner and city staff, and the new location clearly identified by the applicant. Councilmember Duggan seconded the motion. Councilmember Duggan stated it is included in the resolution but he would like staff to also detail in the letter that the finished side of the fence has to be oriented towards the outside. Mr. Sedlacek stated staff will include that indication in the letter. Mr. Sedlacek presented the request of Paster Enterprises to modify and make a minor amendment to the approved PUD. He described the revision to the architecture for the retail space on the east end of the existing building to allow for three tenants. Mr. Sedlacek noted the storefront and end patio results in a net loss of four parking spaces. The roadway and sidewalks will be in the same area and width so there would be no change to flow of traffic or pedestrians. Mr. Sedlacek stated if the Council considers approval, the language of the amendment would refer to adding Exhibit B2, as additional architectural drawings. Councilmember Duggan stated his support for the revision to include more glass and asked about the signage. Mr. May 18, 2010 Page 10 Sedlacek stated each tenant would have a new sign area on the EFIS area and the existing sign would remain the same but the actual sign area would be reduced in size. Ms. Diehm advised the amendment to the PUD agreement is one page and in the same format as the first amendment. It acknowledges incorporating revised drawings into the PUD and updates the timing of the public improvements to a more realistic schedule. She stated they addressed the amendment with the applicant's attorney and they are in agreement with the language presented. Councilmember Duggan asked whether the third whereas in the resolution should indicate construction of instead of substantial completion of? Ms. Diehm stated the language is a carry over from the original agreement and that change can be made, if directed. Councilmember Duggan stated he is comfortable with the current language if it is agreeable with staff and the Council. Ken Henk, Paster Enterprises, described the architectural changes to include glass and doors on each side of the entrance that is wrapped around the two corners. With regard to signage, they matched the sign criteria in the development agreement design guidelines with the city ordinance so they are in sync. Mr. Henk stated he wanted to assure everyone that all of the businesses are open even though a lot of construction is occurring on this property. City Administrator McKnight referenced Exhibit B2 that shows outdoor seating and asked if it is new or part of the original agreement? Mr. Henk stated it is new and they are proposing to add outdoor seating. Councilmember Krebsbach asked about the plans for that end of the building? Mr. Henk stated they have been talking with a number of restaurants and propose outdoor patio seating in that area. He explained that if the space is not leased to a restaurant, parking would be extended into that area. He added that they intended to keep the sidewalk in place and will add a new sidewalk to extend and wrap around the outdoor seating area. May 18, 2010 Page 11 Councilmember Krebsbach asked about the fenced area. Mr. Henk clarified it is not a fence but would extend to the corner and enclose the outdoor eating area. Councilmember Duggan asked about the impact to parking with the addition of restaurant seating? Mr. Sedlacek stated parking on the site is slightly lower but the applicant would like to reduce the sea of parking. He indicated that a restaurant use may require more parking as opposed to an anchor tenant but remains within the spirit of the parking approved for this project. Councilmember Duggan raised the option for cross parking with the retail to the north. Mr. Sedlacek noted there is also parking in front of the retail spaces. Councilmember Duggan moved to authorize the Mayor and City Clerk to sign an amendment to the Mendota Plaza Development Agreement to create three separate spaces, with glass windows, an outdoor seating area, and revisions to the sign. Councilmember Schneeman seconded the motion. Councilmember Duggan requested the existing way - finding signage be updated to include an arrow to clarify the entrance and exit points. He indicated the gas station owner has asked about the possibility of a small road at the northeast corner of his building to direct traffic to the exit. Mr. Henk stated they have talked with Jeff Weiland about access and would like him to remodel his building in keeping with their building. City Clerk Swanson clarified that the liquor license for Teresa's Restaurant does not included the outdoor fenced seating area so their license would have to be amended. Mr. Henk indicated he had told Teresa's Restaurant that they need to make application to modify their liquor license. Councilmember Duggan announced the upcoming Dakota County Transportation open house on May 26, 2010 that will deal with transportation issues for the northwest corner of Inver Grove Heights and the northeast corner of Eagan. ADJOURN TO CLOSED SESSION Ayes: 4 Nays: 0 May 18, 2010 Page 12 Councilmember Duggan also announced the May 26, 2010 meeting of the Lower Mississippi River Watershed Management Organization to address water issues and challenges. Councilmember Krebsbach stated she endorses the community attending the Dakota County Transportation open house because of its impact to Mendota Heights. Councilmember Sch neeman commented on how beautiful the city looks and that its clean parks were filled tonight with residents. Acting Mayor Vitelli said he is also proud of the parks. He stated he had the pleasure of watching his grandchildren play at Mendakota Park and had noticed that the grass is like a carpet. Acting Mayor Vitelli announced the May 19, 2010 Pilot Knob dedication ceremony, starting at 11:30 a.m., that will be attended by several Councihnembers. He encouraged residents to attend as well. Acting Mayor Vitelli announced the Council would adjourn to a closed session to perform the City Administrator's six - month performance review. Present at the review were the four city council members and the city administrator. There being no further business to come before the Council, Councilmember Duggan moved to adjourn the meeting to a closed session. Councilmember Schneeman seconded the motion. Time of Adjournment 8:24 p.m. ATTEST: Jack Actin ayor K a nleen M. Swanson City Clerk Prepared by Carla Wirth, Recording Secretary