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2013-02-05 Council minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 5, 2013 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 Norton. 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 Norton seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling item E) Approval of Letter to FAA Regarding Environmental Assessment 2020 MSP Improvement Project. a)Acknowledgement of January 15, 2013 City Council Minutes b)Acknowledgement of January 24, 2013 City Council Workshop Minutes c)Acknowledgement of January 22, 2013 Planning Commission Minutes d)Acknowledgement of January 9, 2013 Airport Relations Commission Minutes e)Approval of Letter to FAA Regarding Environmental Assessment 2020 MSP Improvement Project f)Approval of Personnel Action Report g)Approval of Joint Powers Agreement for Emergency Management Mutual Aid, Resolution 2013 -08 h)Approval of Temporary Liquor License for SonShine Learning Center i)Approval of Contract for Veronica Lift Station Improvements j)Approval of Purchase of Snow Plow for Streets Department k)Receipt of December 2012 Treasurer's Report February 5, 2013 Mendota Heights City Council Page 1 l)Receipt of January 2013 Building Activity Report m)Approval of Contractor List n)Approval of Claims List Councilmember Duggan seconded the motion making acknowledgement of receipt of two changes of resolutions for discussion; 1) formally authorizing a joint powers agreement for emergency management and 2) awarding an engineering design for rehabilitating the Veronica Lift Station; and a minor change to the January 15, 2013 City Council minutes suggested by Councilmember Petschel. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM E) APPROVAL OF LETTER TO FAA REGARDING ENVIRONMENTAL ASSESSMENT 2020 MSP IMPROVEMENT PROJECT Councilmember Petschel explained this request is for approval of issuing a letter to the FAA in response to the Environmental Assessment for the 2020 Long-term Comprehensive Plan at the airport. There are several items in the letter that are important to note. 1.The FAA would like to change the guidelines under which sound attenuation occurs; that being the only time sound attenuation could be done would be when the internal noise in the home is at 45 dB. For Mendota Heights, this would mean that only the homes in the DNL 75 contour would be attenuated, which would be completely unacceptable. 2.The FAA has indicated that cities may not be able to use general airport revenues to support sound attenuation, which would also be completely unacceptable. Also, according to the Long-term Comprehensive Plan, the Metropolitan Airport Commission (MAC) is indicating that should a change in the noise contour place a homeowner into a noise contour when they have not been in one previously, or it moves them into a deeper contour – say from a 64 into a 65 – that the homeowner must wait three years for any sound attenuation. The city is requesting that this waiting period be changed to two years. Councilmember Petschel wished it to be known that the responses and concerns in this letter are completely in step with all of the other cities surrounding the airport. The timeline to respond to the environmental assessment is February 8, 2013. Councilmember Duggan suggested that besides copying Senator Klobuchar, Senator Franken, Representative Kline and Commissioner McClung, that Chair Susan Haigh of the Metropolitan Council and the State Representatives be included. He would also like to see language included that a response from those copied would be welcome. Councilmember Duggan had additional grammatical suggestions that he had passed onto City Administrator Justin Miller. Councilmember Petschel suggested that the sense of the letter be approved and should Councilmember Duggan have grammatical changes, they can be included before the letter is sent out. February 5, 2013 Mendota Heights City Council Page 2 The content of the letter being correct and the actual phrasing to be amended; Mayor Krebsbach asked if there were any other comments. There being none she called for a motion. Councilmember Norton moved approval of Letter to FAA Regarding Environmental Assessment 2020 MSP Improvement Project. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. Mayor Krebsbach acknowledged the presence of a boy scout to observe the Council’s process as part of his goal of receiving his merit badge. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2013-02, SIGN VARIANCE REQUEST, ROBERT LINDAHL /CROSSWIND, LLC - 1440 NORTHLAND DRIVE RESOLUTION 2013 -09 Assistant to the City Administrator Jake Sedlacek explained this request is to approve a variance request for property located at 1440 Northland Drive. The applicant is seeking a variance for a five foot setback where a forty foot setback is required by Code. The applicant, Robert Lindahl, would like to install a freestanding monument sign at the corner of Northland Drive. This would place the sign in the same relative area as the existing leasing sign. The property is intended to be leased out to multiple tenants, of which all will be included on the sign. The Planning Commission heard this request and voted in favor of granting a variance for a twenty foot setback, which would put the sign near the line of the parking lot. Staff did a survey the neighborhood and found that a majority of the monument signs in the industrial park are located within the setback at twenty feet or closer to the front property line. Councilmember Povolny requested to see a site map showing where the twenty foot setback would be. Councilmember Povolny asked if the sign would be as visible at the twenty foot setback as it would be at a five foot setback. Assistant Administrator Sedlacek replied that the applicant believes that at the twenty foot setback, the sign could be seen from Mendota Heights Road but it would be difficult to see when traveling from Pilot Knob Road. This visibility is the unique condition that the applicant is stating is the need for the variance. The City Code requires a front setback in the industrial zone of forty feet. Councilmember Duggan asked if the curvature of the property line impacted the required setback. Assistant to the City Administrator Sedlacek clarified that due to lot width, the curve would not impact setback requirements. February 5, 2013 Mendota Heights City Council Page 3 Councilmember Duggan pointed out that the Council has granted these in the past and he would be in support of granting the variance. Mayor Krebsbach asked the applicant if he purchased the property or if he was leasing. Mr. Lindahl replied that he represents Crosswind, LLC who is the owner. He pointed out that this property has always been a single tenant property but the buildings are now being divided and there will be multiple tenants renting. The tenants are the ones who are very concerned about the signage being visible. As people are coming from both directions on Northland Drive, it is very difficult to see the signage because of the trees. If the sign is pushed any further back than twenty-five feet from the curb it would be very difficult to see. Mayor Krebsbach asked for a listing of the current tenants. Mr. Lindahl listed them as Dungarvin & Companies, Dungarvins of Minnesota, Dungarvin Inc., and Syngestics. Councilmember Duggan, in reference to parking, asked if the change to multiple businesses have any impact on parking requirements. Mr. Lindahl replied there are currently 700 parking stalls. Sedlacek stated that the property was developed with parking for an office complex so the current use of offices would be consistent with the original parking plans Councilmember Duggan moved adoption of RESOLUTION 2013-09 APPROVING A 20 FOOT VARIANCE TO THE FRONT YARD SETBACK AT 1440 NORTHLAND DRIVE. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) PLANNING CASE 2012-34, CODE AMENDMENT TO ALLOW PIGEONS IN RESIDENTIAL ZONES, VINCE NONNEMACHER, 1815 VALLEY CURVE ROAD Assistant to the City Administrator Jake Sedlacek explained that an application was received from Mr. Vincent Nonnemacher who is requesting a conditional use permit for an accessory structure to house pigeons. The Planning Commission did not feel that a pigeon was defined within the City’s current code definitions of a common domestic pet and suggested the Council consider amending the code to include pigeons. The Planning Commission has tabled the application for a conditional use permit until amendments to the code are considered which would allow pigeon keeping and then would create an interim use permit for pigeon keeping. Language was provided to the Councilmembers on what would be four different amendments to code language to allow for the care and keeping of pigeons. Mayor Krebsbach pointed out that this discussion is different than the keeping of a bird in a cage in the house; this would be for a pigeon coop. Sedlacek confirmed and stated that the language that was provided was drafted by a professional pigeon keeping association and it is intended for animals that would be kept in a loft in a separate structure from the principle structure. There are also conditions for the construction of the coop, the keeping of birds, and professional licensure, etc. This would be different than the standard ‘inside the house only’ animal. February 5, 2013 Mendota Heights City Council Page 4 Councilmember Duggan stated that his concern is the concept of domestic animals, whether they are inside the house or not. If they are inside the house there is little City control but if they are outside the house the City has various controls. Councilmember Povolny mentioned that his grandfather was a pigeon raiser so he understands it. He believes that the Council owes the people to listen to this request. If it is managed properly it is not a bad deal. Councilmember Norton mentioned that he was privy to sitting through the first presentation of this request as it came through the Planning Commission and he is not bothered by it. Mr. Nonnemacher is going to build a top-notch pigeon coop. Councilmember Norton suggested this activity could be limited by the size of the property. Councilmember Petschel echoed Councilmember Norton’s concern. Mayor Krebsbach stated she is not in favor but would be willing to look at it more thoroughly. Her concern is that there are many different animals that residents would like to have, such as chickens and goats, which have been denied in the past. Mr. Vince Nonnemacher, 1815 Valley Curve Road, commented on his experience in raising pigeons and his history in helping animal production units build better facilities in which to house animals; from birds, cattle, and dairy calves; and is very passionate about doing it right. Mr. Nonnemacher addressed the neighbors’ concerns about space. His plan is to start with two breeding pairs which would produce about eight young birds. The breeding pairs would never leave the loft. The young birds would only be taken out for training. The language in the proposed ordinance states that no pigeon would be allowed to fly outside of the loft if it has eaten within four hours. They would be trained and not permitted to sit on the loft or on neighboring roofs. His goal is to have a maximum of thirty to thirty-two young birds and to have fifteen cubic feet per bird in his loft – not two square feet. After further research, he has increased his allowable cubic feet per bird to twenty. As for the concern about the smell from the loft, if a loft is taken care of properly it does not smell. It is cleaned every day. He is also proposing to heat the floors and provide very adequate ventilation with low CFM fans – similar to bathroom fans. There have been concerns raised about the cooing being objectionable. Mr. Nonnemacher pointed out that pigeons do not coo at night. After discussion about the requests in the past that were denied for the keeping of chickens and goats, Mr. Nonnemacher pointed out that chickens and goats are considered production animals in a farm setting whereas pigeons are identified as pets because they provide enjoyment and pleasure to the owner. Councilmember Povolny mentioned that there was some good language in the proposed ordinance but one thing he would address is that the setback requirements for the building would have to be considerably more than the standard setback. February 5, 2013 Mendota Heights City Council Page 5 Mayor Krebsbach moved Denial of any Request to Change the City Code to Allow for Pigeons in Residential Zones. Councilmember Duggan seconded the motion for discussion purposes. Mr. Ron and Mrs. Dianne Berfelz, 688 West Wentworth, stated their neighbor has pigeons. Sedlacek replied that those were in existence in the City before the city code existed so they are grandfathered in. Mrs. Berfelz pointed out several questions the Council should consider should they decide to allow the raising of pigeons. She also believes that approval of this would open the door to other livestock being allowed in the city. She also mentioned the risk of theft as these pigeons become quite valuable. Councilmember Duggan stated that he does not support making decisions based on lot size. There are a lot of questions about safety and health. Until he can get a sense of what could happen if this request were approved, he would be uncomfortable supporting a change to the code. There being no other comments or discussion, Mayor Krebsbach called for the vote. Ayes: 3 (Duggan, Petschel, Krebsbach) Nays: 2 (Povolny, Norton) C) ACKNOWLEDGEMENT OF GOAL SETTING WORKSHOP ACTION ITEMS Mayor Krebsbach stated that the Council had a workshop meeting in January where they discussed larger goals and action items. There will be a meeting in May addressing the goals of the Council. City Administrator Justin Miller presented a list of the items that were discussed at the goal setting workshop and the items the Council directed further action on. If the Council acknowledges the list, then staff will move forward with the items throughout 2013. A color copy of the proposed action items will be made available on the City’s website. Councilmember Petschel commended staff for stating the goals and action items clearly. Councilmember Duggan moved to acknowledge the action item list. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 D) APPROVAL OF REQUEST FOR PROPOSALS SCHEDULE FOR PROFESSIONAL SERVICES City Administrator Justin Miller stated that one of the goals that Council acknowledged was to formalize the Request for Proposal schedule that the City uses for professional services. The City has professional service agreements with attorneys, consultant planner, and auditing services but has never been on a formal schedule to go out for bids for these services. The City Attorney informed the Council that their firm, Winthrop & Weinstine, is going to be moving away from municipal work. The City is going to February 5, 2013 Mendota Heights City Council Page 6 need to send out an RFP for a new city attorney. At the workshop, the Council directed staff to come up with a schedule for the Request for Proposal process. Staff is recommending that Council go out this year for civil attorney and labor and prosecuting attorneys be scheduled for later years. The City has engaged the firm of Kern DeWenter Viere (KDV) as the auditing firm through fiscal year 2014 and will go out for bid in 2015. Staff is also recommending, per the Council direction, to proceed with a Request for Proposals for the consultant planner services this year. Mayor Krebsbach acknowledged Winthrop & Weinstine’s historic role with the City. City Attorney Tami Diehm stated, on behalf of Winthrop & Weinstine, that they just celebrated their thirty-fourth year of service to the City of Mendota Heights, which was one of the firm’s first clients when they were founded. They value their relationship with the City and will do everything they can to make it a smooth transition and help the City adjust to a new civil city attorney. Councilmember Norton moved to approve the Professional Services Proposal Schedule as presented. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 E) TRAFFIC SAFETY COMMITTEE CITY COUNCILMEMBER APPOINTMENT City Engineer John Mazzitello explained that in 2007 the City Council established a Traffic Safety Committee as a technical advisory committee to the Council on matters of traffic and to be a mechanism for residents who wish to bring forward traffic safety issues, intersection conflicts, stop sign requests, speed complaints, and the like. The committee is made up of six individuals; the City Engineer, the Public Works Superintendent, the Police Chief, the Fire Chief, a representative from the Planning Commission, and a representative from the City Council. Since its inception, Councilmember Jack Vitelli served as the Council representative to the Traffic Safety Committee and with his retirement, that seat is now vacant. Staff asked Council to appoint a new Council representative. Councilmember Duggan nominated Councilmember Steve Norton to the Traffic Safety Committee. Mayor Krebsbach nominated Councilmember Mike Povolny, who was previously on the Traffic Safety Committee as a representative of the Planning Commission. Councilmember Norton withdrew his name from the nominations. Councilmember Petschel suggested that should Councilmember Povolny be unable to attend a meeting of the Traffic Safety Committee that it be understood that Councilmember Norton would attend in his absence. Council member Norton agreed. Mayor Krebsbach moved to appoint Councilmember Mike Povolny to the Traffic Safety Committee, with Councilmember Norton as the alternate. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 February 5, 2013 Mendota Heights City Council Page 7 F) APPOINTMENT TO PLANNING COMMISSION, RESOLUTION 2013 -10 Mayor Krebsbach explained that there is one commissioner position open on the Planning Commission and before this Council meeting interviews took place to fill this position. There were four people interviewed and one withdrawal due to scheduling conflicts. Councilmember Povolny moved to adopt RESOLUTION 2013 -10 APPOINTING ROBIN HENNESSY AS PLANNING COMMISSIONER. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Council member Duggan suggested acquiring a small library of books that would be useful to the City Council and staff to help them in their jobs. Council member Petschel commended the Mendota Heights Patch online newspaper for adding to its site the police activity map. Council member Norton thanked everyone who applied for the Planning Commission position. City Administrator Justin Miller informed the public that the winter edition of the Heights Highlights will be delivered to residents this week. ADJOURN Mayor Krebsbach adjourned the meeting at 8:15 p.m. ATTEST: ..21,a4_49 Lorri Smith City Clerk February 5, 2013 Mendota Heights City Council ndra Krebsbach Mayor Page 8