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2006-12-05 City Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 5, 2006 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda as revised with the addition of 6.g.: Authorization for Temporary Liquor License for St. Peters Church. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of the November 7, 2006 City Council meeting minutes with corrections. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Councilmember Schneeman) CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting as revised with the removal of items 6.c., 6.h., which were pulled for discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the November 28, 2006 Planning Commission Meeting. b. Acknowledgement of the Building Activity Report for November 2006. c. Authorization for Cancellation of December Commission Meetings. d. Authorization for Purchase of Turnout Gear for Fire Department. e. Authorization for Purchase of Tires for Grader. f. Authorization for Replacement /Sales of Marked Squads. g. Authorization for Temporary Liquor License for St. Peters Church. h. Approval of Sales of City -Owned Parcel to Xcel Energy. i. Adoption of Resolution No. 06-112: "RESOLUTION ESTABLISHING FIRE PERSONNEL AND EQUIPMENT USE FEE FOR SERVICE PROVIDED BY THE MENDOTA HEIGHTS FIRE DEPARTMENT." j. Adoption of Resolution No. 06-113: "RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2007 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING." k. Adoption of Resolution No. 06-114: "RESOLUTION FORMALIZING MENDOTA HEIGHTS' COMMITMENT TO PARTICIPATE IN THE ACQUISITION OF THE ACACIA CEMETERY SITE." 1. Adoption of Resolution No. 06-115: "RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES" and Resolution No. 06-116: "RESOLUTION CERTIFYING UNPAID WEED CUTTING CHARGES." m. Approval of the List of Contractors. n. Approval of the List of Claims dated December 5, 2006 and totaling $67,531.44. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ITEMS PULLED FOR Item #6.c. — Councilmember Krebsbach asked to pull this DISCUSSION item until after the hearing on comprehensive plan amendment and rezoning of the Par 3 Golf Course in the case there may needs to be a December Planning Commission Meeting to further discuss this case. Item #6.h.: Councilmember Krebsbach asked to have a copy of the minutes of November 21" discussion of Xcel Energy included with of the purchase agreement. Councilmember Vitelli moved to direct staff to include the Xcel Energy discussion in the November 21, 2006 minutes as an attachment to the documentation for the Xcel Energy purchase agreement. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 2007 BUDGET/LEVY Finance Director Kristen Schabacker informed the audience that a Truth In Taxation Hearing was held on December 4 and one person in attendance. This person had a few questions which were answered. Prior to the hearing, Ms. Schabacker had received one phone call from a resident with a question regarding a lot split and that phone call was referred to the County. Ms. Schabacker said that she had not received any correspondence from any other resident. Ms. Schabacker reviewed the significant items included in the 2007 budget, including $121,000 for a snowplowing truck, $208,000 for a 3% increase in wages and benefits and a 10% increase for insurance contributions for employees and $175,000 for a radio escrow. The Police and Fire Departments will be switching to 800 Mhz in the last quarter of 2007. Ms. Schabacker said the final levy proposal has increased 3.6% over 2006. The estimated 2007 tax rate will be 26.375, which is a 5.89% reduction from the 2006 tax rate. Ms. Schabacker said the average market valuation increase in Mendota Heights was 8.4% and the residents should see approximately 2% increase in the city's portion of their property tax. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Schneeman moved to close the public hearing. Councilmember Duggan seconded the motion. Ayes: 5 Nays:0 Councilmember Krebsbach moved adoption of Resolution No. 06- 117: "A RESOLUTION APPROVING FINAL 2006 TAX LEVY COLLECTIBLE IN 2007 AND ADOPTING PROPOSED BUDGET FOR 2007." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PRESENTATION Mayor Huber presented an award to Principal Steve Goldade recognizing the Mendota Elementary School for achieving the 2006 Blue Ribbon School Award. Mr. Goldade said there will be celebration at the school on December 18`h, and also the school will be celebrating its 50 year anniversary on February 12, 2007. CASE NO. 06 -32, MORGAN Assistant to the City Administrator Sedlacek said this case was brought be the City Council on November 21, and at that time there was no specific site plan, but Mr. Morgan provided an elevation plan. Since then, Staff visited the property to get more accurate measurements. This application was originally for a 7 -ft. variance. Staff found that it was actually an 11 -ft. variance. There was a motion on November 21 to approve with a 2 -2 vote that did not pass and the matter was continued to this evening. No additional information was provided. Mr. Sedlacek said this addition would be Ayes: 3 Nays: 2 Duggan and Krebsbach closer to the street than any other structure in the immediate neighborhood. Councilmember Krebsbach asked if the neighbors to the right are in support of this variance. Mr. Morgan said they were. Mr. Morgan said he talked to all his neighbors and found they were all in support of this variance. Mr. Morgan said he would also be provided more green space by removing a part of his driveway. Councilmember Krebsbach said it seems that the lot is the dividing point along Pond View Court, and there are some mature evergreens. It would seem that if more evergreens could be placed along the circle, there would be a nice screen buffer. Councilmember Krebsbach said she will continue to support this proposal. Councilmember Duggan asked Mr. Sedlacek to demonstrate on the map where the string rule would apply. Councilmember Duggan said if the line were drawn out further to one more home, this proposed addition would not extend further than this line. Councilmember Krebsbach said she would approve this proposal with the condition the string rule is extended as shown. Mr. Sedlacek said there would still be a variance needed for 10 -ft. Councilmember Duggan said he could work with taking out the additional driveway and placing more screening. Mayor Huber said he has a problem with this structure being so close and the addition would pull the home forward more. Councilmember Vitelli said he is not in support as it sets precedent, and that the Planning Commission and City Planner recommended denial of this request. Councilmember Vitelli moved adoption of Resolution No. 06 -118: "A RESOLUTION DENYING A 11 -FT. VARIANCE TO THE FRONT YARD SETBACK FOR A GARAGE ADDITION AT 613 POND VIEW DRIVE." Councilmember Schneeman seconded the motion. Councilmember Schneeman stated that she voted to deny the variance because she felt the structure would be way too close to the street if the variance was granted and because it is a safety issue. CASE NO. 06 -37, RUKAVINA Assistant to the City Administrator Sedlacek said this 1704 VICKI LANE application is for a 3 -ft variance to the setback requirement from a primary structure for an accessory building. The Planning Commission discussed hardships and other potential locations for this structure and recommended denial of this variance. Mr. Sedlacek said it is his understanding that the applicant has since modified the site plan. Mr. Rukavina shared his site plan showing how he would move the structure closer to the tree giving him a 1 -ft variance. Councilmember Duggan asked staff if there were any homes in the city that are closer to accessory structures than the 5 -ft. setback. Mr. Danielson said to his knowledge there have been no variances granted to do this. Councilmember Duggan said he believes there are other places that this structure could be placed, but not as suitable as the one proposed. Mr. Rukavina asked how many variance requests have been made for this type of situation. Councilmember Schneeman asked if the gentleman who spoke against this case at the Planning Commission hearing is moving from his home. Mr. Rukavina said that was correct and that this gentleman has had some issues with the City and other neighbors. Councilmember Schneeman said most people put their sheds as far away from their homes and close to the neighbors and thinks a 1 -ft variance is fine with her. Councilmember Krebsbach said the property is beautiful and she has the concern for the health of the evergreen near the proposed shed. Mr. Rukavina said the root system extends way beyond where the shed would be placed. Councilmember Schneeman moved adoption of Resolution No. 06- 119, "A RESOLUTION APPROVING A 1 -FT. VARIANCE TO THE SETBACK FROM THE PRIMARY STRUCTURE FOR AN ACCESSORY BUILDING AT 1407 VICKI LANE," to approve the application as presented. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06 -38, Mr. Sedlacek introduced the application for the addition SIBLEY HIGH SCHOOL and renovation of tennis courts at Henry Sibley High School. This application meets all codes and requirements; however, a conditional use permit is needed to add 400 -plus yards of material. The Planning Commission and the City Planner recommends approval of this application. Councilmember Duggan asked about screening of the 10 -ft. fence, and would like to be open to the possibility of providing additional screening if the neighbors across the street feel there is a need for this. Councilmember Krebsbach asked if the neighborhood is aware of the additional courts and have there been any comments. Mr. Sedlacek said with a conditional use permit, there was a 350 -ft. buffer around the school that was given notification; however no residents showed up at the Planning Commission public hearing, except one resident that had a question. That question was answered by the applicant, which was accepted by the resident. Councilmember Krebsbach said any landscaping by the applicant to soften the view by the neighbors would be appreciated. Mr. Sedlacek said these courts are also available for public use when the school is not using them. Councilmember Schneeman said she welcomes the additional tennis courts for the community as there is a need for them. Councilmember Vitelli moved to approve Resolution No. 06 -120 "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GRADE AND FILL OF 400 YARDS AT 1897 DELAWARE AVENUE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach would like to see some additional screening if the neighborhood residents find it necessary. Councilmember Duggan moved to suggest that the City invite the school district to consider landscaping on the west side to create a small buffer barrier between them and the residents who may not be aware of the fencing. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE 06 -35, Mr. Sedlacek reviewed and updated the City Council on this COMPREHENSIVE PLAN application for amending the comprehensive plan language. AMENDMENT (Par 3 Golf) The City of Mendota Heights has been working with the issue of potential development of the Par 3 Golf Course property for a few years now. The golf course is currently a permitted use under the R- 1 zoning district. Due to a court order from District Court, the City has been ordered to reconcile the difference between the zoning ordinance and the comprehensive land use for this property. The action being considered at this time does not undermine the City's desire to preserve the golf course; this is one part of the City's dual - track process. City Council has worked with Staff to determine the best way to meet the court order. The second part of the dual track, which is the effort to purchase the golf course, is alive and well, and City Council is currently in negotiations with the property owners. Mr. Sedlacek said the plan for this meeting is to focus on establishing the best possible land use in the event that the effort to purchase the property fails. The language changes that Staff has prepared are what Staff feels is the best resolution in case any attempted purchase does not go through. The comprehensive plan amendment proposes a new designation, "Golf Course - Small." The original proposal that was brought to the Planning Commission was to change all the golf courses, and there was strong sentiment that all golf courses should not be involved at this point. The designation Golf Course — Small would be under a planned unit development in the R -IA zoning district. Mr. Sedlacek said R -IA zoning is a lower density than the golf course is currently zoned for. Mr. Sedlacek reviewed the definition and process of a planned unit development. Mr. Sedlacek said he wanted to stress the point to the residents that a PUD does not allow for a greater density as that caused some great concern in the past. Mr. Sedlacek said another change is that the property owners - requested that the open space be held under a conservation easement, which favors the city. This has been done in the Augusta Shores development and proved to be successful. Councilmember Krebsbach asked for clarification as to why this amendment would favor the City. City Attorney Tami Dielun said this means that the City is the party that benefits; that the City as an entity has the right to enforce the conservation easement rather than another private party, such as a private association. City Engineer Sue McDermott said that if the amendment is approved, it will then go to the Metropolitan Council, which will have a 60 -day review period. The Metropolitan Council will then hold a meeting to determine whether or not it will be approved. This meeting will be open to the public. Councilmember Duggan suggested the term "one family residential district" be changed to "single family residential district ". Councilmember Krebsbach asked if it would be possible to include the lot sizes as follows: Item #2 would indicate 40,000 sq. ft., and in Item #6, it would be 21,000 sq. ft. Ms. Diehm said this language ` -- is left in the zoning ordinance because the City had considered making changes to the minimum lot size requirements. If that was a part of the comprehensive plan there would be different standards to go through and so for flexibility purposes, Ms. Diehm suggested that language is kept in the zoning code, but not in the comprehensive plan. Mr. Sedlacek read the entire Comprehensive Plan Amendment as proposed for the Golf Course — Small for the benefit of the audience. Mayor Huber opened the public hearing. Ron Ehrlich, 1656 Gryc Court, asked for clarification on the computation of the 19 lots and the wetland area. Mr. Ehrlich said the wetland area should not be included in the computation to determine how many lots can be developed. Mr. Sedlacek said there is a land area of 17.55 acres and without a PUD, there could be a straight subdivision, which would divide out to 40,000 sq. ft. per lot and with the acreage of the property, there would be 19.1 lots. In a PUD, the entire property is divided by the maximum lot size. Mr. Ehrlich said he feels this calculation is inappropriate and the wetland should be excluded from the property size. Mr. Ehrlich said he appreciated all the work the City Council has done over the past number of years, and talked about a letter he 1 provided the City Council on November 9, 2004 regarding how strong the residents' support is for the referendum. Janice Chasman said it seems that the open space would be heavily landscaped to maximize screening of the structures from adjacent residential neighborhoods and public streets which means that a bulk of open space could not be placed on Bachelor and Dodd, and then there will be no open space for the public to enjoy because it will be all privately owned. Mayor Huber said that the City Council is only acting on the comprehensive plan at this time, and as there is no actual application before the City now, the City Council cannot know where houses and open spaces will be determined. Mr. Sedlacek said the definition of open space is typically viewed as open space is considered land that is not filled with structures, and lots of 24,000 or more are encouraged to have some type of landscaping. Mr. Sedlacek said when development plans come before the City, either the Planning Commission or the City Council will then decide what exactly is open space and does it meet the criteria for open space. Commissioner Krebsbach said it the term "common" has been struck from the wording and even if it's open space, that does not mean that the residents can walls through there. Ms. Diehm said in order for there to be access to the general public, it would have to be park land and as this is drafted, the open space is commonly owned by the association, meaning the people that live in that development all commonly own that area but it does not necessarily mean it will be open to the general public as a public park, and this land is maintained by the association. Commissioner Krebsbach said that it still needs to be determined how many lots will be allowed. Mr. Ehrlich asked the City Council to consider passing a moratorium to prevent any platting to come forward until after the referendum is held. Mayor Huber said there are negotiations being held and there are several City Council members on the Negotiation Team that will be working on this. There being no further questions or comments, Mayor Huber closed the public hearing. Councilmember Krebsbach said there is a gentleperson's agreement that the City would need a price determined by the property owner before a referendum can happen. Councilmember Duggan said the City will also need to hear from the Met Council for their determination on the land use. Councilmember Duggan moved to adopt Resolution No. 06 -121: "A RESOLUTION AMENDING THE COMPREHENSIVE PLAN ESTABLISHING A LAND USE CATEGORY OF "GOLF COURSE — SMALL" AND APPLYING TO LANDS WITH THAT DESIGNATION ON THE CITY'S OFFICIAL LAND USE MAP." Councilmember Krebsbach seconded the motion. Councilmember Krebsbach asked Staff to speak to the issue of the lack of notification to neighbors on tabled items as there has been feedback from neighbors that they have not been fully informed on the continued hearings. Mr. Danielson said the notices go out for the first meeting and at that first meeting, there is a public hearing, and if the Planning Commission decides they need more time, they table or continue the item until the next month, and those people in attendance know that, and no new notices are ever sent out as the law does not require that. Commissioner Krebsbach said she had a chance to talk to Acting Chair Hesse of the Planning Commission who said the Planning Commission felt they had discussed this early that it was understood that the City had a dual track approach and it was time to call the question. Commissioner Krebsbach commended the Planning Commission for really discussing this case in all of their meetings and that the City Council has been well aware of what the Planning Commission has been discussing and it was time to do this. Ayes: 5 Nays: 0 CASE 06 -36, REZONING Mr. Sedlacek said this is a request for rezoning to go with PAR 3 GOLF COURSE the comprehensive plan amendment. The rezoning would change the R -1 zoning to R-1 A, which brings a lower density requirement to the area. Staff feels that this is in compliance with the court order. Mayor Huber opened the public hearing. Ms. Chasman asked about the heavily wooded areas that would be in the open space. Mayor Huber said that they may say that too much landscaping may feel too confined, and again, that would have to be determined. Mayor Huber said everyone will have to wait and see what happens, and the City Council will do their best to make the best use of the land that they can, and there will be public hearings when that time comes. Mayor Huber closed the public hearing. Councilmember Krebsbach moved to adopt Resolution No. 06 -122: "A RESOLUTION REZONING THE MENDOTA HEIGHTS PAR 3 GOLF COURSE FROM R -1 SINGLE FAMILY RESIDENTIAL - TO R -lA SINGLE FAMILY RESIDENTIAL." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach said she would like to bring Item 6.c. of the Consent Calendar back for discussion. Councilmember Krebsbach moved to approve the cancellation of the December meetings of the Airport Relations Commission, Parks and Recreation Commission and the Planning Commission. Ayes: 5 Councilmember Schneeman seconded the motion. Nays: 0 DISCUSSION OF 2007 A meeting to discuss the 2007 goals has been tentatively GOALS WORKSHOP scheduled for February 91h. Mr. Danielson will confirm this official date and time at the December 19 meeting. COUNCIL COMMENTS Councilmember Vitelli reminded the audience of the tree lighting ceremony at the Village at Mendota Heights on Thursday, December 7th with festivities at 5:00 pm, and the tree lighting at 6:00 pm. Councilmember Schneeman suggested that the City Council members submit any ideas in relation to the upcoming goals setting workshop to Mr. Danielson ahead of time. Councilmember Krebsbach said she received some calls regarding the parking ban and asked Police Chief Aschenbrener to comment. Chief Aschenbrener said his officers have been issuing warning notices to residents to let them know about the ordinance and when it will come into affect. Chief Aschenbrener said this will help the city in their snow - plowing efforts. The ban will be in affect on December 15th and hope all the signs will be posted by the end of this week. Chief Aschenbrener said this ban has come about with City Council support. Councilmember Schneeman said a report came back from Blue Water Rivers on the status of Rogers Lake being very good. More information will be coming on that. Steve Sullivan, 777 Evergreen Lane, said he received one of the parking ban warnings and spoke his opposition of this ban. He has concerns about kids coming home from college for the holidays, and other family members coming to visit for the holidays, and asked that the City Council look at removing this ban. Mayor Huber said the City Council has discussed options for parking solutions, and found that this may be worth trying for a few months, and then bring this issue back to the City Council meeting for discussion on what worked and what didn't, and then after receiving public comments, they can determine how they want to proceed. Councilmember Krebsbach spoke on having the option for guest passes for certain situations. Councilmember Duggan suggested neighbors may be able to work out agreements with each other to allow additional vehicles being parked in neighbor's driveways if possible. Mayor Huber said he expects there will a lot of residents complaining about this ordinance, and appreciates all their comments, and hopes that an agreeable solution to the parking problems result from this. Councilmember Duggan and Councilmember Schneeman recently visited The Summit and real estate sales are going well, and asked for Council support to ask MnDOT to slow down the traffic along Highway 13 now that it is becoming more residential in that area. ADJOURN There being no further business to come before Council, Mayor Huber moved to adjourn to closed session for discussion on Public Works labor negotiations. Ayes: 5 Councilmember Schneeman seconded the motion. Nays: 0 Time of Adjournme 9:20 p.m. Rebecca Shaffer ATTEST: Recording Secretary John Ijluber/ Mayor