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2002-02-19 City Council minutesPage 1 February 19 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 19, 2002 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o' clock P.M. on Tuesday, February 19, 2002 at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto, Council members Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Council member Krebsbach moved adoption of the revised agenda for the meeting. Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 MINUTE APPROVAL Council member Vitelli moved approval of the minutes of the regular meeting held on Tuesday, February 5, 2002. Council member Schneeman seconded the motion. Mayor Mertensotto abstained as he was absent from that meeting. Ayes: 4 Nays: 0 Abstain: 1 (Mertensotto) CONSENT CALENDAR Council member Schneeman requested that item 5f be removed from the consent calendar. Mayor Mertensotto clarified on item 5d. that the amount that Robert and Maureen Vince are donating is $30,000 for the specific purchase of the Amphibious ATV and trailer. Council member Krebsbach requested that item 5i be removed from the consent calendar for discussion. Mayor Mertensotto requested that item 5k be removed for discussion. Council member Dwyer moved approval of the consent calendar for the meeting, revised to move items 5f, the Financial Concepts proposal,5i. sign permit and 5k, Administrator's agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. Page 2 February 19 2002 a. Acknowledgement of the NDC4 Unapproved minutes from the January 10th Full Commission meeting and the Agenda for the next full commission meeting on February 7, 2002. b. Acknowledgement of the January 2002 Treasurer's Report c. Acknowledgement of $800 donation from VFW for DARE. d. Acknowledgement of Donation of an Amphibious ATV and Trailer to the Fire Department from Robert and Maureen Vince e. Authorization for Execution of Proposal from Dahlgren, Shardlow and Uban. g. Authorization for $1500 for Contingency purposes for Eleventh Annual Celebrate Mendota Heights Parks event h. Authorization for purchase of a 3/4 ton pickup truck for Public Works j. Adoption of Resolution No. 02 -05: "RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR GLEN TORO" 1. Approval of List of Contractors m. Approval of List of Claims Council member Schneeman seconded the motion Ayes: 5 Nays: 0 FINANCIAL CONCEPTS Council member Schneeman stated that she would like the City to get some proposals from other organizations as she is concerned about the fee structure with Financial Concepts. Jim Sarych, from Financial Concepts addressed the Council. He indicated that their fees are used to offset the cost of the services they provide. Every insurance product has a set fee that is built into the product. The City has a broker that is receiving those fees already. Financial Concepts would help the City establish an insurance committee that would survey the needs of the employees and help them understand the insurance market. Council member Vitelli stated that he supports Council member Schneeman's recommendation Page 3 February 19 2002 that we seek three other proposals from other companies with the goal of zero cost for the City. Council member Schneeman moved to direct staff to seek three proposals from other companies for insurance brokerage services and to table this current item until that information is received. Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 SIGN PERMIT Council member Krebsbach stated that she asked that this item be tabled at the last meeting. Council member Dwyer stated that this item was tabled from the last meeting as there was concern about the number of lit signs in the business park. Staff did some research and now indicates that there are three other colored signs in the park, as well as the Cigna backlit sign. Mr. Mike Cronin, representative for Super America addressed the Council. He indicated that the signs that are proposed are colored and backlit. They meet the ordinance requirements, as they do not flash. He stated that it is important for them to have a lit sign as their office building does not face the frontage road. Council member Krebsbach stated that she is concerned with the proliferation of colored backlit signs in the park and what effect that will have on the corporate village. Council member Dwyer stated that the City has already approved colored and backlit signs in this area, with the Cigna sign. Council member Krebsbach stated that just because the City has approved one in the past, does not mean that we must approve this sign. Council member Krebsbach made a motion to deny the Super America Sign Request. Mayor Mertensotto seconded the motion for discussion purposes. Mr. Cronin stated that the signs requested meet the current City ordinance which allows colored illuminated signs in the B -1 and B-2 Districts. It prohibits the signs from flashing, which this one does not. Council member Krebsbach stated that she is concerned with the proliferation of colored backlit signs and what it does to the character of the village. Mayor Mertensotto asked what the illumination of the sign that is being proposed will be. Mr. Cronin stated that he would ensure that the sign is no brighter than the Cigna sign. Mayor Mertensotto suggested that staff research a standard for sign illumination that could be incorporated into our ordinance. Council member Krebsbach indicated that she would be amenable to that as long as this sign is also no brighter than the Page 4 February 19 2002 Cigna sign. Council member Krebsbach withdrew her motion and Mayor Mertensotto withdrew his second. Council member Krebsbach made a motion to approve the Sign Request from Speedway Super America with the understanding that the illumination for the signs will be no greater than that of the Cigna sign. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 Council member Krebsbach made a motion directing staff to research an illumination standard that the Council could review to possibly add to the existing ordinance. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 EMPLOYMENT AGREEMENT Mayor Mertensotto stated that he pulled this item as he is concerned that this contract was not considered as part of the budget process. The Council passed a resolution with the salaries for the non union employees that included the City Administrator. His concern is that this increase was not part of the levy. Council member Dwyer clarified that the Mayor's concern was with the process and not the content. The Mayor agreed. Mayor Mertensotto indicated that this item should be considered as part of the budget process so it is included in the levy. This can be determined following the annual performance evaluation. Council member Vitelli made a motion to approve the Employment Agreement for the City Administrator. Council member Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. DEMOLITION BIDS Guy Kullander reported that the City received bids from seven contractors for the Oasis demolition. He recommends that we award the bid to Carl Bolander and Sons, as they were the lowest bidder. He indicated that they were also the demolition contractor for the Hohenstein parcel and did a fine job. Page 5 February 19 2002 Council member Dwyer made a motion to award the bid to Carl Bolander and Sons for $9,600 for the demolition and removal of hazardous materials on the Oasis site located at 1960 Dodd Road Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 VOGEL GAZEBO VARIANCE Mr. Brian Vogel, 1705 Victoria Road, appeared before the Planning Commission at their regular meeting on January 22, 2002, to discuss his application for a five foot rear yard setback variance for a gazebo. City Planner Steve Grittman recommended denial as this application did not meet the requirements for a hardship. The Planning Commission voted 3:3 to deny the variance. The motion failed. Mr. Brian Vogel addressed the Council. He indicated that he was not aware that a building permit was required for his gazebo and deck. He has learned since that if he removes the panels from the roof of the gazebo that it will be in compliance with the City ordinance. He would like to keep the roof attached to prevent mosquitoes from getting inside. Mayor Mertensotto stated that Mr. Vogel's neighbors are also against this variance. Mr. Vogel indicated that all but two neighbors are supportive of the application. The opposed neighbors are concerned with the "quiet enjoyment" of their property. Mr. Vogel stated that he has never had loud parties and does not plan to start now. Council member Dwyer asked what the hardship is for him. Mr. Vogel said that he would be hard pressed to say that there is a hardship beyond mosquitoes. Council member Krebsbach stated that another issue for consideration is that Mr. Vogel did not obtain a building permit for this structure. Mr. Vogel indicated that he was not aware he needed one. Council member Dwyer made a motion to deny the variance application based on lack of a demonstrable hardship and that Mr. Vogel did not obtain a building permit. He also directed staff to follow up and ensure that this structure complies with City ordinance. Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 XCEL ENERGY CUP Page 6 February 19 2002 Patrick Hollister introduced the Conditional Use Permit and gave an overview of the process thus far. The Planning Commission held a public hearing over two days (January 22 and 24, 2002) pertaining to Xcel Energy's application for a Conditional Use Permit, Wetlands Permit and Critical Area Permit for a Transmission Line and Substation Upgrade. This item is now before the Council for their consideration. NSP first applied for a Conditional Use Permit for the transmission lines and substation upgrade on March 2, 1999. The Planning Commission discussed this application at their regular meeting in March of 1999, and continued discussion to their April meeting. Early in April, however, a review process commenced on this proposal at the Minnesota Environmental Quality Board, which prohibited NSP from further pursuing any local approvals until the review was over. On April 16, 1999, NSP requested that the issue be continued until the EQB process was over, and agreed to suspend the 60 -day review period until Planning Commission review of the application resumed. The EQB review process ended in November of 1999. Review of this application resumed on January 25, 2000 when the next Planning Commission meeting was held after the EQB process was finished. (The Planning Commission customarily does not meet in December unless urgent business requires otherwise.) The original 60 -day review period had been extended to the full 120 days, and this 120 -day period would have ended on April 9, 2000 but was further extended by mutual agreement of the City and NSP. At the Planning Commission's regular meeting on February 22, 2000, Commissioner Tilsen moved to recommend that the City Council deny the application from NSP for a Conditional Use Permit, a Wetlands Permit and a Critical Area Permit for substation and transmission line changes within Mendota Heights as proposed in Planning Case #99 -11 for the following reasons: 1. NSP has not prepared an Environmental Impact Statement. 2. NSP has not adequately demonstrated the need for these changes to the substation and transmission lines. 3. NSP has not satisfied the City that there are no significant health or safety risks posed by the proposed changes to the substation and transmission lines, per Section 5.6(5) of the Zoning Ordinance Page 7 February 19 2002 4. NSP has not satisfied the City that there will be no detrimental impacts to the property values of nearby homes, per Section 5.6(5) of the Zoning Ordinance 5. NSP's proposed system upgrade involves several cities and other jurisdictions beyond the City of Mendota Heights and should be reviewed on a regional basis, not a city -by -city basis. Commissioner Betlej seconded the motion. The motion passed on a 5- 1-1 vote with Commissioner Kleinglass voting in the negative and Commissioner Friel recused from the discussion. Representatives of NSP then attended the March 6, 2000 meeting of the Council to discuss this application. The Council continued discussion of this application with NSP until the April 4, 2000 meeting. At the April 4 meeting the Council discussed the planning application with representatives of NSP. With the consent of NSP, the City Council adopted two Resolutions. The first Resolution defined the Environmental Impact Review process to be pursued jointly by NSP and the Cities of Mendota Heights, Sunfish Lake, South Saint Paul, and Inver Grove Heights. The second Resolution was a Resolution of Denial of NSP's application for a Conditional Use Permit, a Wetlands Permit, and a Critical Area Permit based on the following Findings of Fact: 1. NSP has not prepared an Environmental Impact Statement. 2. NSP has not adequately demonstrated the need for these changes to the substation and transmission lines. 3. NSP has not satisfied the City that there are no significant health or safety risks posed by the proposed changes to the substation and transmission lines, per Section 5.6(5) of the Zoning Ordinance 4. NSP has not satisfied the City that there will be no detrimental impacts to the property values of nearby homes, per Section 5.6(5) of the Zoning Ordinance 5. NSP's proposed system upgrade involves several cities and other jurisdictions beyond the City of Mendota Heights and should be reviewed on a regional basis, not a city -by -city basis. This Resolution contained a provision that negated the effect of the denial upon receipt before April 9, 2000 of written permission from Page 8 February 19 2002 NSP to extend the 120-day review period for an additional 5 months. The City received this letter from NSP. The Cities of Mendota Heights, Sunfish Lake, and South Saint Paul then commenced the EIR process. (Inver Grove Heights declined their invitation to participate.) The EIR Steering Committee, consisting of the mayors of Mendota Heights, Sunfish Lake, and South Saint Paul, interviewed the firm of Commonwealth Associates Inc., based in Jackson, Michigan, on Monday, July 17, 2000 and chose them to be their consultant for the EIR process. The three cities and NSP then met with Commonwealth over the next several months. Commonwealth presented their findings to the Steering Committee early in 2001. (The Planning Commission has already received these findings.) The Steering Committee then hosted a public informational meeting at Mendota Heights City Hall beginning on Thursday, March 22. The purpose of the meeting was to allow testimony to the Steering Committee from experts representing both Xcel Energy and Roger Conant's Power Line Task Force, an opposition group, regarding Xcel Energy's pending Conditional Use Permit applications to all three cities to allow improvements to the existing 115 kV line traversing the three cities. The general public was invited to attend the meeting. This meeting was not an official public hearing on Xcel's Conditional Use Permit application with the City of Mendota Heights. Mayor Mertensotto presided over the meeting with the Mayors of Sunfish Lake and South Saint Paul. The Steering Committee contracted with an outside stenographer to record the meeting. (The Planning Commission has already received the transcript of this meeting.) Representatives of Xcel Energy, the Power Line Task Force, and Commonwealth Engineering were also present. After the March 22 meeting, the Mayor of Mendota Heights met with Xcel to discuss the next steps in the City's processing of their application. The Mayor asked Xcel to appear before the Planning Commission once again for a second public hearing before proceeding to Council for the final review and decision on the application. Xcel energy said that they did not want to appear before the Planning Commission for a second public hearing. Xcel Energy then sued the City of Mendota Heights to compel the City to grant them all necessary approvals. The City of Mendota Heights won this lawsuit. Page 9 February 19 2002 The Council then scheduled the public hearing for January 22, 2002 and has asked Xcel to attend the hearing. Representatives of Xcel attended the two-day hearing. Residents of Mendota Heights and members of the power line task force also spoke at the hearing. At the January 24, 2002 continued Planning Commission meeting, Commissioner Joe Betlej moved to recommend that the Council deny Xcel's application for a Conditional Use Pen-nit, a Wetlands Permit and a Critical Area Permit based on the following findings of fact: There is a compelling body of scientific evidence that the Electromagnetic Field (EMF) emitted by both the existing transmission lines and the proposed transmission lines are at a level that potentially endangers the health and safety of Mendota Heights residents living close to the power lines. 2. Both the existing transmission lines and the -proposed transmission lines have a negative material effect on neighboring property values. 3. The Planning Commission was not presented with sufficient information regarding the need for a Wetlands Permit and a Critical Area Permit to be able to recommend their approval. Commissioner Bruce McManus seconded the motion. The motion passed on a 5-0 vote with Commissioners Chris Dolan and Bernie Friel excused from the meeting. The Council is in possession of a full transcript of this proceeding. Patrick Hollister indicated that representatives from Xcel are present and have indicated that they would like the opportunity to give a brief presentation on their application and answer any questions the Council may have. Mayor Mertensotto said that we are still acting under the original application that was submitted. Patrick Hollister also indicated that there is a list of the record that is available for the public view. Resolutions for a approval and denial were prepared by staff as is customary. Council member Dwyer stated however, that the Council may alter either resolution based on the deliberations at the Council meeting. Mayor Mertensotto stated that there are a lot of people in the audience that would like to speak and would like to start with NSP. Council member Dwyer asked for clarification on procedure and timing for the evening. Mayor Mertensotto stated that they would aim for 10:00 with an absolute cutoff of 10:30PM. If the Council Page 10 February 19 2002 has not completed the discussions, they will pick it up the next night. Council member Dwyer stated that he would appreciate new information only as the Council has been inundated with information so far. They have reviewed the materials and will not appreciate dramatics or redundancy in the material that is presented. Mayor Mertensotto stated that he will let anyone that anyone speak that desires to do so. He also indicated that Council members should ask questions as they have them. RECESS The Council heard testimony from Xcel Energy until 10:30 PM at which time the Mayor called a recess of the meeting until the following evening at 7:30 PM. ATTEST: TIME OF RECESS: 10:35 p.m. Cari Lindberg City Administrator Minutes of the Regular Extended Meeting Held Tuesday, February 20, 2002 Pursuant to due call and notice thereof, the extended meeting of the City Council, City of Mendota Heights, was held at 7:30 o' clock P.M. on Tuesday, February 20, 2002 at City Hall, 1101 Victoria Chive, Mendota Heights, Minnesota to continue discussions of the Xcel Conditional Use, Wetlands and Critical Area Permit. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto, Council members Dwyer, Krebsbach, Schneeman and Vitelli. XCEL ENERGY CUP Mayor Mertensotto stated that the Council is reconvening the discussion from the previous evening. He indicated that the Council would hear testimony until 10:00 PM. The City Council heard testimony until 10:30 PM at which point, the Mayor closed the public testimony portion of the hearing. The Council deliberated until 12:15, whereupon they asked Xcel Energy if they would object to the final vote being taken at the next regular meeting on March 7th. In the Ayes: 5 Nays: 0 Page 11 February 19 2002 meantime, staff would work with Xcel Energy on a list of conditions that may be amenable to both sides. Attorney Harold Bagley for Xcel Energy stated that Xcel agrees that they will not raise the time issue and agrees to the City Council waiting to vote on the Conditional Use Permit until the next Council meeting on March 7cn Council member Krebsbach made a motion to table this item until the March 7 I meeting, at which time both the resolutions for approval and denial will be presented to the City Council for consideration. Council member Dwyer seconded the motion. Mayor Mertensotto reiterated that on the record, the applicants, through their legal counsel granted the City an extension to the time line for this application for the Cityy Council to make a final decision on Thursday, March 7t . ADJOURN Mayor Mertensotto made a motion to adjourn the meeting. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:16 AM * The detailed discussion for the Xcel Energy CUP can be found in the verbatim transcripts of the hearing as prepared by a professional court reporter. .g'" Charles E. Mertensotto Mayor ATTEST: i� =-•spa � _� /yl 5�.�:G�fir� �� Kathleen M. Swanson City Clerk