Loading...
2006-09-19 City Council minutesSeptember 19, 2006 Page I CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 19, 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 Acting Mayor Vitelli called the meeting to order at 7:30 p.m. The following members were present: Acting Mayor Vitelli, Councilmeinbers Duggan, Krebsbach, and Schneeman. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the agenda as revised with the addition of 6.h. and the deletion of 10.a. as St. Thomas Academy will not be present at the meeting and will not be requesting the cannon as proposed. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of the September 5, 2006 council meeting minutes as corrected. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmeraber Krebsbach moved approval of the consent calendar for the meeting as revised with the removal of 6.k. and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Agenda. b. Acknowledgement of the August 2006 Treasurer's Report. c. Acknowledgement of the August 2006 Fire Department Monthly Report. d. Acknowledgement of the Information for Claim for Stonn Sewer and Expenses for Richard Lanpher, 2351 Field Stone Drive. e. Authorization for Annual Halloween Bonfire. September 19, 2006 Page 2 f. Authorization for Execution of the Joint Powers Agreement (JPA) By and Between the City of Mendota Heights and the City of West St. Paul Relating to Delaware Avenue Sanitary Sewer Billing. g. Authorization for City Administrator to sign Letter of Understanding with Minnesota Coalition of Storrawater Cities. h. Authorization for staff to issue Purchase Orders for Rehabilitation of Playgrounds in Valley View Heights Park and Valley Park. i. Acceptance of Emmy Foster Resignation. j. Approval of Lilydale Storm Sewer Request. k. Approval of Wetlands Pefmit Renewal for- 1210 Gentr- Pek#e 1. Approval of Promotion of City Engineer to Public Works Director. m. Adoption of Resolution No. 06-84: "A resolution adjusting fire department salaries effective January 1, 2006". n. Adoption of Resolution No. 06-85: "A resolution accepting work and approving final payment for Job Number 9410, Thompson Avenue Diversion Project". o. Adoption of Resolution No. 06-88: "A resolution declaring costs to be assessed, ordering the preparation of proposed assessment roll, and establishing the date of the assessment hearing for the Delaware Avenue reconstruction project (Project No. 200523)". p. Adoption of Resolution No. 06-87: "A resolution declaring costs to be assessed, ordering the preparation of proposed assessment roll, and establishing the date of assessment hearing for the industrial park street rehabilitation project (Project No. 200602)". q. Approval of the List of Contractors. r. Approval of the List of Claims totaling $654,967.39. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 ITEMS PULLED FOR Item #6k: Approval of Wetlands Permit Renewal DISCUSSIONS for 1210 Centre Pointe Curve. Councilmember Krebsbach asked for an update on this project. Mr. Jay Farracci, applicant, said the project is ready to go, but there have been delays due to the work load of the structural engineer. September 19, 2006 Page 3 Councihneinber Krebsbach moved approval of the Wetlands Permit Renewal for 1210 Centre Pointe Curve as proposed. Councihnember Duggan seconded the motion. Ayes: 4 Nays: 0 JAY HAUGEN Jay Haugen, Superintendent of School District PRESENTATION #197 gave a construction update on the school district. Mr. Haugen presented a powerpoint presentation showing the construction activities for Garlough Elementary School Environmental Magnet, Henry Sibley High School, Mendota Elementary School, and Pilot Knob Elementary School. Mr. Haugen introduced Alese Jamison, School Board Member, who was also in the audience. Mr. Haugen talked about the increasing enrollment of students. Mr. Haugen talked about the levy, which is up in November, and this is a major part of the school district's funding. Mr. Haugen said the State has also increased the authority for school districts to levy. It's been four years since the last levy, which has been used for operating costs only. Councilmember Duggan said he appreciated the good work that the high school students have done with their hybrid car. Councilmember Duggan asked Mr. Haugen to have his staff look into some drainage concerns of the neighbors at Mendota Elementary School. Councilmember Krebsbach welcomed Mr. Haugen to the community, and asked about the orchestra and choir's trip to Europe. Mr. Haugen said the trip was successful and everyone was back. Mr. Haugen said the next levy is needed for educational purposes. Mr. Haugen said the new levy can assist with some special programs including early learning and gifted student programs. Mr. Haugen said the school district is also hoping to obtain some federal assistance as well as partnering with some private entities. PUBLIC COMMENTS None were received at this time. September 19, 2006 Page 4 BID AWARD The fire department is seeking approval to purchase six pagers and a five -year warranty. The City budgeted $3,000 for this purchase and the lowest bid has come in for $3,608.40. Fire Chief Maczko noted in his memo of September 6, 2006 that the overage will be paid out of other line items in the fire department budget. Councilmelnber Duggan moved approval of the recommendation as submitted by Fire Chief Maczko as presented. Councihnember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PLANNING CASE 06 -27 Mr. Scibora appeared at the City Council meeting of MARCO SCIBORA September 5, 2006, in which the Council tabled a 647 Sibley Mein. Hwy. decision on Mr. Scibora's request until he could provide a scaled drawing showing the visibility of the fence from Sibley Memorial Highway. Mr. Scibora presented computer generated pictures showing the fencing as proposed in comparison to fencing as the city would require. Mr. Scibora also provided the scaled drawing as requested, as well as other computer generated photos of the proposed fence in the back yard, and a view of the back of his property from Lilydale Street. Mr. Scibora said there is no way anyone would be able to see the fence from that angle, even in the wintertime. Councilperson Duggan asked Ms. McDermott if she was in agreement with the applicant on the measurements of the proposed front yard fence scale drawing. Ms. McDermott said that was correct. Councilperson Krebsbach said if one was to do the string test from the pavement to the fence; it would be a three -foot fence. Ms. McDermott said it would be approximately three feet and two inches. Councilperson Krebsbach said she recognizes the different terrain in this area. Acting Mayor Vitelli opened the public hearing, Seeing no one coining forth to speak, Acting Mayor Vitelli closed the public hearing. Councihnember Duggan said he would like the Findings of Fact to read as follows: 1) The applicant would be able to install a wrought iron fence, 4'10" tall on top of a 6" stone Ayes: 4 Nays: 0 September 19, 2006 Page 5 foundation with 2" base on the bottom. 2) The fence is 70% open which greatly exceeds the ordinance criteria of 30% open. 3) The open fence is preferable to thick landscaping that may close off the property. 4) The fence is to be 3' in from the property line. City Attorney Taini Diehin said the Findings of Fact are not saying what the applicant can do, but that under the existing ordinance, the applicant would be able to install a 3' cedar (which shows that this more difficult to see through) fence, and the fence as proposed is only 3' about the roadway elevation. The Findings of Fact are only to outline what is allowed. Ms. Diehin said staff will leave the Findings of Fact as drafted, and add a separate provision that says "subject to the following conditions ". Councilmember Duggan moved approval of RESOLUTION NO. 06- : "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A 4'10" FENCE ON A 6" BASE, APPROXIMATELY 3' IN FROM THE PROPERTY LINE, FOR THE FENCE ALONG THE ROADWAY AT 647 SIBLEY MEMORIAL HIGHWAY." Councilmember Schneeman seconded the motion. Councilmember Schneeman said she will not support the fencing for the back yard as the fencing is not needed and does not recall any person falling down the slope. Councilmember Schneeman said the proposed fencing would have a negative disturbance to the slope. Councilmember Duggan asked Staff if Mr. Scibora could build a stone wall using natural stone. Ms. McDermott said there would still be the primary concern with the stability of the slope, as well as the visibility from the road way below. Councilmember Duggan said he agrees with the applicant that putting up the fenceposts could be less invasive than a stone wall, which Mr. Scibora could do using natural stone. Councilmember Duggan asked the rest of the Council members to consider a workshop to work with other communities to determine short term and long tenn preservation of the bluffs. September 19, 2006 Page 6 Councilmember Krebsbach said the enforcement of the protection of the bluff is more the responsibility of the cities now than it was in the past, and said preservation issues are a high priority. Councilmember Krebsbach asked for clarification of where the bluff line is and where the fence would be placed in relation to that. Mr. Scibora said if he placed the fence in accordance with the ordinance, the fence would run through his dining room. Ms. McDermott confirmed that the home is within the 40 -ft. setback. Councilmember Krebsbach asked if Mr. Grittman made any comments in his reports regarding how far the spacing between the fenceposts would have to be. Ms. McDermott said Mr. Grittman did not address that issue, but only the fence materials. Councilmember Schneeman said she received a phone call from the former owner of the home saying she had slope damage and had spent a lot of money fixing it. Mr. Scibora said he did not see indication that this was evident. Ms. McDermott said Mr. Scibora could plant a tree on the top of the bluff without a Critical Area Permit that would probably disturb a larger area than the proposed posts /foundation would. Councilmember Duggan said it appears that the fence posts would be placed every nine feet. Acting Mayor Vitelli opened the public hearing, Seeing no one coming forth to speak, Acting Mayor Vitelli closed the public hearing. Acting Mayor Vitelli said he supports the request completely and thinks this is a very reasonable request. Acting Mayor Vitelli said he is very pleased that the fencing proposal for the front of the home was passed, and does not believe there will be any disruption in the back yard. Councilmember Krebsbach said she is not prepared to vote on this before she is sure that this project will not cause further damage to the bluff, and that the City is not in any way liable should there be future bluff failure. September 19, 2006 Page 7 City Attorney Diehmm said the City would not want to snake a statement as to whether or not there would be a negative impact on the bluff because that may be interpreted that the City is snaking a judgment that it would be OK. The City would not want to take a position one way or the other, and the applicant can state on the record that he understands this as well. Councilmember Krebsbach said she would like to see a statement from Mr. Grittman that there is no problem with the fence five feet from the bluff. Ms. McDermott said she does not believe Mr. Grittman will make that statement as he is not an engineer. Councilmember Duggan read from Mr. Grittiman's report, "in previous applications, the City has permitted natural stone retaining walls or similar features within the 40 -ft buffer area". Councilmember Duggan said that the City has approved things similar to this in the past, and what the applicant is proposing is much less than a natural stone retaining wall. Councilmember Duggan moved approval of RESOLUTION NO. 06- : "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND A 35' VARIANCE FOR CONSTRUCTION OF A 4'10" FENCE WITHIN THE BLUFF SETBACK AT 647 SIBLEY MEMORIAL HIGHWAY." Acting Mayor Vitelli seconded the motion. Ms. Diehm said an additional Finding of Fact to support this variance request is that a hardship does exist as the current placement of the house is in non - conformance and the hardship is not of the applicant's making. Ayes: 3 Nays: 1 (Councilperson Schneeman) Councilmember Krebsbach asked to add a Friendly Amendment that the applicant must use a hand -auger to dig all post holes. Councilperson Duggan and Acting Mayor Vitelli accepted the friendly amendment. DISCUSSION OF PAR 3 Acting Mayor Vitelli said the Supreme Court has determined COMP. PLAN AMENDMENT that the City has to take action to make sure the Comprehensive Plan corresponds to the zoning ordinance. The City Council has come to the conclusion that there is a September 19, 2006 Page 8 proposed amendment to the Comprehensive Plan and a rezoning of the property to meet these requests. Acting Mayor Vitelli said the Planning Commission will be asked to begin work on a public hearing and discussion/ recommendation to the City Council on an amendment and rezoning. Acting Mayor Vitelli said at the closed session meeting of the City Council, it was determined that along the parallel path, the Council will pursue consideration of a referendum for the citizens of the city to purchase the Golf Course. Councilmember Krebsbach said the City Council has given this a lot of thought, and this seems to be the best way to proceed. The Council will be moving to a closed session before the next council meeting and extra time will be scheduled to include discussions of language changes. Councilmember Krebsbach said she believes the Council should wordsmith the documents before they go to the Planning Commission in order to help the Planning Commission understand what the Council wants. Councilmember Krebsbach said she would like to see some notes from previous meetings be submitted to the Council so that can review the previous discussions. Acting Mayor Vitelli asked Staff to revise the document with the suggestions submitted at the meeting, and have the revised document sent back to the Council members before the workshop session on October 3rd ACACIA CEMETERY Acting Mayor Vitelli said there has been a request from Gail LAND ACQUISITION Lewellan, Pilot Knob Preservation Association, to have discussions with the city privately to discuss a proposal she has regarding acquisition of property from Acacia to expand the natural area for Pilot Knob. Councilmember Duggan moved approval of the closed session to be scheduled for October 3rd at 6:30 pm. September 19, 2006 Page 9 Councilmember Krebsbach suggested the workshop and closed session for October 3d begin at 6:00 pin to allow time for both discussions. Councilmember Duggan accepted the friendly amendment to hold an open meeting for discussion of the Comprehensive Plan language changes at 6:00 pm, and the closed session at to meet with Ms. Lewellan at 6:30 pm. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman said she visited Pilot Knob and spoke to the Trust For Public Lands and the Board of Directors, and said there is a lot of activity going on there. Acting Mayor Vitelli congratulated Councib-nerabers Schneeman and Duggan, and also Mayor Huber, for their re- elections to the City Council. Councilmember Duggan said he will be getting a message out to the community outlining his plans for the next four years. ADJOURN There being no further business to come before Council, Councilmember Duggan moved to adjourn to the workshop at 6:00 p.m. on October 3 for discussion on a proposed comprehensive plan amendment and subsequent adjournment to closed session on October 3 at 6:30 pm for discussion on the Acacia Park property. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:00 p.m. RebeccAtaffer Recording Secretary ATTEST: J A _ U ir 0h J. *'�' ' l Nby6