Loading...
2013-06-04 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 4, 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.rn. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.rn. 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 Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items C) Approval of Personnel Action Report, D) Accept Resignation of Assistant to the City Administrator Jake Sedlacek, E) Call for Public Hearing, 2nd Avenue Right-of-Way / Alley Vacation, F) Approval of Computer Network Backup Purchase, and H) Approval of Service Agreement with Dakota County for One-Stop Right-of-Way and Rolling Green Neighborhood Improvements. a. Acknowledgement of May 21, 2013 City Council Minutes b. Acknowledgement of May 28, 2013 Planning Commission Minutes c. Approval of Personnel Action Report d. Accept Resignation of Assistant to the City Administrator Jake Sedlacek e. Call for Public Hearing, 2nd Avenue Right-of-Way / Alley Vacation f. Approval of Computer Network Backup Purchase g. Approve Resolution 2013-37 Order Feasibility Report for Victoria Road and Rolling Green Neighborhood Improvements h. Approval of Service Agreement with Dakota County for One-Stop Right-of-Way Permitting System i. Approval of Mendakota Playground Refurbishment j. Receipt of May 2013 Building Activity Report June 4, 2013 Mendota Heights City Council Page 1 k. Approval of Contractor List 1. Approval of Claims List m. Approve Out of State Travel Request for Police Department Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) APPROVAL OF PERSONNEL ACTION REPORT Councilmember Duggan asked if it had been determined who would be giving the update on the Par 3 and who would be supervising after the resignation of Assistant to the City Administrator Jake Sedlacek. City Administrator Justin Miller replied that the first report from the Par 3 would be given at the next Council meeting. In terms of organization and oversight, that would also be brought to the Council at their next meeting. Councilmember Duggan moved to adopt the Personnel Action Report. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 D) ACCEPT RESIGNATION OF ASSISTANT TO THE CITY ADMINISTRATOR JAKE SEDLACEK Councilmember Petschel expressed her regard for Mr. Sedlacek by stating that he has been one of the nicest individuals that she has ever worked with and that Clean-up Day would never be the same without him. Mayor Krebsbach echoed Councilmember Petschel's sentiments and added that he has done an outstanding job for the city. Councilmember Povolny expressed his appreciation of Mr. Sedlacek who has worked for the City for six and one half years. Councilmember Duggan stated that he was part of the hiring team and he has had no regrets. He added that Mr. Sedlacek has been an asset to the City and is highly respected in the community. Councilmember Norton moved, with regret, to accept the resignation of Assistant to the City Administrator Jake Sedlacek. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 June 4, 2013 Mendota Heights City Council Page 2 E) CALL FOR PUBLIC HEARING, 2ND AVENUE RIGHT-OF-WAY / ALLEY VACATION Councilmember Duggan asked if the homeowners would be notified in relation to the vacation. City Engineer John Mazzitello replied that this was the second notification to this neighborhood. The right- of-way would be split in half and would be given to each adjacent property owner. One comment has been received in support of the vacation. Once approved by Council, a public hearing would be called for at the June 18, 2013 City Council Meeting and all of the affected residents would be notified. Councilmember Duggan moved to accept the Call for Public Hearing, 2nd Avenue Right-of-Way / Alley Vacation. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF COMPUTER NETWORK BACKUP PURCHASE Councilmember Duggan stated that when he added the dollar costs for the hardware, equipment, and software he received a slightly different number than the report shows in the Council packet. Mayor Krebsbach noted the difference and directed staff to double check the figures. Councilmember Povolny moved for the approval of the Computer Network Backup Purchase with the correction. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 H) APPROVAL OF SERVICE AGREEMENT WITH DAKOTA COUNTY FOR ONE-STOP RIGHT-OF-WAY PERMITTING SYSTEM Councilmember Duggan noted his concerns and questioned the information in the document referring to payments. City Engineer John Mazzitello referred to Exhibit C of the agreement, Permit System Fee Calculations, which outlines the number of permits over the past three years. Based on this information, Mendota Heights' percentage of the monthly charge would be very small. Mayor Krebsbach asked what affect this agreement would have on the Building Activity Report in terms of fees collected. Mazzitello replied that joining this program would not alter the fees collected for building permits. This is a convenience measure for applicants so they only have to go to one place to get a right-of-way permit that could span multiple city jurisdictions within the county. Mayor Krebsbach asked if there would be any adverse effects in terms of the way the city would develop compared to any of the other cities in Dakota County. Mazzitello replied that there would be no impact to the way Mendota Heights does business. June 4, 2013 Mendota Heights City Council Page 3 She then asked how would staff and the City would know what permits have been applied for. Mazzitello answered that the applicants would apply through the Dakota County system and it would be sent to the various cities for review and approval before the County would issue the permit. Councilmember Norton asked if the additional costs to the City to participate would be passed on to the applicant. Mazzitello replied that the City has already adjusted its right -of -way fees anticipating covering the initiation fee and the annual fee. Councilmember Duggan asked, since the document states the County's liability limitations, if there were any waiver of City liabilities. City Attorney Tami Diehm stated that there is a standard protection for the City that states there would be no liability for consequential or indirect damages. Since the County would be administering this program, the City would not have a lot of risk. Councilmember Duggan asked if there would be any additional annual fees for the City. Mazzitello replied that the annual fee is anticipated at $475 but this would be adjusted based on the number of right -of -way permits applied for within the City's jurisdiction. Mayor Krebsbach asked for clarification on the termination of this agreement. Mazzitello stated the City would be able to opt out of the agreement with ninety days notice. Councilmember Duggan stated he sees this agreement as a form of taxation and he would not be in support of it. Councilmember Petschel stated that she believes this would be a benefit for the people who are required to obtain permits to work in the City or multiple permits to work over a larger area in Dakota County. Mayor Krebsbach asked who would actually be administering this program. Mazzitello replied that Dakota County would be administering the program. Councilmember Norton moved approval of Service Agreement with Dakota County for One -Stop Right - of -Way Permitting System. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 1 (Duggan) PUBLIC COMMENTS Mr. Scott Butwin, 1101 Sylvandale, commented on the need for having and enforcing a sound ordinance; especially for outside equipment. Mr. Butwin stated that the national standard is 45 decibels at night and 55 decibels during the day and he suggested the City Council adopt this standard. Mayor Krebsbach explained that the Council listens to comments and suggestions made by the public but does not take any formal actions during the meeting. June 4, 2013 Mendota Heights City Council Page 4 PRESENTATIONS A) PRESCRIPTION DRUG DROP -OFF, DAKOTA COUNTY SHERIFF'S OFFICE Chief of Police Michael Aschenbrener introduced Chief Deputy of Dakota County Tim Leslie. Chief Deputy Tim Leslie stated that the County has been working on the Prescription Drug Drop -Off program since 2011 and that it is now available for residents of Mendota Heights. The drop off site is located in the basement of City Hall and is open 24 hours per day / 7 days per week. Residents can stop in and drop off unused or misused prescription drugs, no questions asked, to be destroyed by law enforcement. Councilmember Duggan asked if the program accepts syringes. Leslie replied that syringes are accepted but the drugs are removed from the syringes before being placed in the incinerator. The syringes are disposed of separately. Councilmember Petschel mentioned the environmental impact of flushing leftover prescription drugs down the toilet. B) UPDATE ON MENDOTA- LEBANON HILLS GREENWAYS MASTER PLAN Assistant to the City Administrator Jake Sedlacek gave a brief presentation on the Greenways Master Plan by stating that Dakota County has been in the process of developing greenways with the idea of connecting communities, finding alternative ways for transportation, and then connecting natural and historic resources throughout the County. The greenway plan is a comprehensive plan that makes suggestions on where a trail may be located. The County is currently studying the Mendota - Lebanon Hills greenway, which starts at the intersection of Dodd Road and Highway 110 and then moves south through Mendota Heights, Inver Grove Heights, and Eagan; terminating at the Lebanon Hills Regional Park. Of the 8.5 miles of trail, the part that would be of most interest to Mendota Heights starts at Mendota Plaza. Dakota County is hoping to do a grade separated crossing from the North Urban Regional Trail, travel through the Mendota Plaza development in an easement area, and then move south. They are proposing to use an existing trail for part of the trail and then use CDA owned property; known formally as the Dodd right -of -way, or construct a floating boardwalk through Friendly Marsh Park that would connect up on Huber Drive (this is their preferred option), taking advantage of an existing eight foot wide bituminous trail Dakota County is hoping to have the plan adopted by the County Board by late summer 2013. Councilmember Petschel expressed her desire to have the City involved early in the decision on the options prior to any rendering on any maps or discussions by the County on their preferred plan. She stated she would not wish to have the floating boardwalk through the marsh because of the pylons that would need to be installed, the pipeline that is already going through there, and other issues; especially since there is another easier and more economical option. Councilmember Povolny agreed wholeheartedly with Councilmember Petschel's comments. June 4, 2013 Mendota Heights City Council Page 5 Councilmember Norton stated that he would be in support of having a letter written to Dakota County stating that the preferred alternative from the City would be through Decorah and Aztec Lane. Mr. Bruce Vatne, 2205 Bent Tree Lane, explained that he has the same concerns as Council in regards to the wetlands. He loves his property because of the enjoyment he receives from the wildlife and would not like to see that disturbed. He also had concerns about who would maintain and police the trail if one were to be put in. Mayor Krebsbach noted that she received a call from a resident that attended the Lakeville meeting. His concern was about a ten foot trail along Huber and Mendota Heights Road. Mayor Krebsbach stated that one of her main concerns is allowing bicycles on the same trail as pedestrians. Councilmember Duggan moved that the Council recommend to the Dakota County Planning staff that, should they wish to continue this process, they go south into the CDA owned property; known formally as the Dodd right -of -way, through Decorah; that this Council does not support a boardwalk through the marsh, the primary reasons being destruction of wetlands, loss of habitat, incompatibility with the neighborhood, and prohibitive costs associated with that; and Council has concerns about the increased bicycle traffic on the same trails as pedestrians. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC HEARINGS A) RESOLUTION 2013 -38 LEXINGTON HEIGHTS APARTMENTS CONDUIT BOND REFINANCING Finance Director Kristen Schabacker explained this public hearing was for the issuance of revenue refunding bonds for the Lexington Heights Apartments. These bonds are conduit financing and are a pass through for the city. They are not an obligation of the city. Representatives from Lexington Heights Apartments were present to answer any questions from the Council. Mayor Krebsbach asked for the amount of the bonds. Schabacker replied that the amount is not to exceed $10,570,000 and does not affect the ability of the City to bond. Councilmember Petschel asked if the service fee would cover all expenses the City would incur in working on this refunding Schabacker replied in the affirmative. The representatives from Lexington Heights Apartments were Mr. Jim Riley, a member of the family that owns Lexington Heights Apartments; and Mr. Dan Nelson of Best & Flanagan and in partnership as owner. Councilmember Petschel moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 June 4, 2013 Mendota Heights City Council Page 6 Councilmember Duggan moved to adopt RESOLUTION 2013-38, RESOLUTION APPROVING ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 2013 PURSUANT TO THE MINNESOTA STATUES, CHAPTER 462C. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 B) RENEWAL OF WINE AND INTOXICATING LIQUOR LICENSES City Clerk Lorri Smith explained that this is a public hearing on the renewal of the intoxicating liquor and wine licenses; with a total of ten licenses in the City, as follows: Intoxicating Liquor and Sunday Liquor licenses • Felipe's LLC dba Teresa's Mexican Restaurant, 762 Highway 110 • Haiku Japanese Bistro Inc. dba Haiku Japanese Bistro, 754 Highway 110 • Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive Club Liquor and Sunday Liquor licenses • Mendakota Country Club, 2075 Mendakota Drive • Somerset Country Club, 1416 Dodd Road Wine licenses • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street • CEC Food and Beverage LLC, dba LeCordon Bleu, 1315 Mendota Heights Road Off -Sale Liquor licenses • MapleTree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street • Poopha Inc. dba Mendota Liquor, 766 Highway 110 Most of the documentation had been received with two liquor bonds still outstanding; Felipe's LLC dba Teresa's Mexican Restaurant, 762 Highway 110 and Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street. The police department conducted background investigations and found no negative findings on the licenses and there have been no liquor law violations within the past year. These licenses would be effective July 1, 2013 through June 30, 2014. Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan noted that Par 3 sells beer and asked it if was exempt. Clerk Smith replied that they sell 3.2% malt liquor, which is in a different category. June 4, 2013 Mendota Heights City Council Page 7 Councilmember Povolny moved to approve the issuance of the license renewals as listed for the period of July 1, 2013 through June 30, 2014, contingent upon receipt of the outstanding liquor bonds for Teresa's Mexican Restaurant and Mendoberri. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS A) ORDINANCE 453 AMENDING CITY CODE REGARDING SIGNS, AND APPROVE SUMMARY PUBLICATION Assistant to the City Administrator Jake Sedlacek explained that this topic was originally brought up in late 2012. With Council permission, staff went through the City Code pertaining to signs and provided the drafted language as an update. Sedlacek reviewed the proposed changes to the ordinance. Mayor Krebsbach asked why the building permitting is incorporated in the sign ordinance. City Administrator Justin Miller reminded the Council that the current code requires that any exterior renovation to a building in the commercial or industrial district come to the City Council for approval, whether or not it meets every other requirement of the City Code. This amendment would change that; this would not require those permits to come before the City Council any more. Mayor Krebsbach replied that for that piece she would not approve this. Councilmember Petschel stated that this was drawn up in response to a request from Council; Council was putting unnecessary delays on homeowners and businesses. She explained that she had no problem supporting this as it was specifically being done in response to a goal the Council set; streamlining the permitting process. Councilmember Norton agreed with Councilmember Petschel. Councilmember Duggan raised his concern about the setback proposed for signs being ten feet. Sedlacek explained that the ten foot setback was chosen as the most common sign distance that exists today. It is also important to note that this would be the setback from the lot line, not from the curb. Councilmember Duggan questioned the need for calling out that feather flag signs are not permitted; and questioned why they would not be allowed. Sedlacek replied that these types of signs, since they are not permanent, have not been permitted in the past. This would eliminate any confusion on whether or not a feather flag is permissible. Councilmember Duggan explained his reasons for allowing feather flag signs. He would have liked to see an exception included that one feather sign per business be permissible. Councilmember Povolny asked if there was anything in the ordinance to prohibit persons standing on the corner waving a sign. City Administrator Miller stated that if the person is in the right-of-way, then it would be permitted. Mayor Krebsbach asked for confirmation that the inflatable waving in the wind sign sock is not permitted. The reply was that this language already exists in the code. June 4, 2013 Mendota Heights City Council Page 8 Councilmember Duggan pointed out some grammatical edits that should be made. He also questioned the wording pertaining to illumination beyond a lot line. Councilmember Petschel moved to adopt ORDINANCE 453 AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE PERTAINING TO SIGNS with the noted changes; Section 3, J. 4. a) the word `may' will be deleted; and Section 3.J.6. the appropriate word will be found to substitute for the second 'illuminate'. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 1 (Krebsbach) Councilmember Duggan moved to approve the SUMMARY PUBLICATION OF ORDINANCE 453, for publication purposes. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) ORDINANCE 454 AMENDING CITY CODE REGARDING GARAGES, AND APPROVE SUMMARY PUBLICATION Assistant to the City Administrator Jake Sedlacek explained that this ordinance amendment is to allow two garages on residential properties. The City has only allowed one garage, be it attached or detached. The proposed code would allow for two garages. Depending on the outcome of that discussion, staff would propose a number of changes if two garages are allowed: • To allow only two accessory structures as opposed to three • Sizes on garages, the way they are measured is proposed to be changed The other policy question is the matter of garage doors. This proposed amendment would provide for thirty -six linear feet of doors permitted and would allow someone to construct either two double doors or four single doors; trying to match with the character of their home as they see fit. The City previously allowed up to four doors if a garage was twelve hundred feet or less. Two years ago the City limited it to three doors maximum. Mayor Krebsbach asked if there is a lot size minimum for two garages. Sedlacek replied that the proposed language would allow an additional garage on any property that has the room for it. That would require the setbacks of ten feet from side and rear lot lines, and ten feet from the principal structure. It would require a Conditional Use Permit to get a second garage over 650 square feet in size. The size of the second garage would be limited by the area of the backyard or the footprint of the house, whichever is smaller. In no case could the second garage exceed fifteen hundred square feet. Mayor Krebsbach asked if the code includes anything about space on either side of the driveway. Sedlacek answered that for access to the driveway the current setbacks would apply. A driveway is allowed no closer to the lot line than five feet, it is allowed to be up against the principal structure or, in this case, a separate garage. June 4, 2013 Mendota Heights City Council Page 9 Mayor Krebsbach asked if there would still be a thirty foot setback from the rear lot line. Sedlacek replied that a detached garage could be up to ten feet from the rear lot line and an attached garage would have the same setback as a principal structure, which would be thirty feet. Councilmember Povolny asked if the detached garage has to be architecturally the same as the house. Sedlacek replied that the language the Planning Commission settled on is that accessory structures shall be compatible with the principal structure, which does leave a little room for artistic interpretation. Councilmember Povolny recommended the language be changed to exactly, not compatible. Mayor Krebsbach supported Councilmember Povolny's request. Councilmember Norton stated that anything that opens the Council to interpretation of whether something would be architecturally compatible with the principal structure would potentially open the Council up to litigation. Councilmember Duggan expressed a concern if a house is ten years old and the stucco is weathered, to get a new garage to match exactly with the weathered home would be a challenge. City Attorney Tami Diehm stated that the phrase "architecturally compatible" is a commonly used phrase. She believed that what Councilmember Povolny meant was the finishing materials. Maybe staff could include some additional language that says the finishing materials, including siding and shingles, that are used on the garage shall be identical to those used on the principal structure. Councilmember Povolny stated that this is what he was trying to say. Councilmember Norton clarified what he heard is that the phrase "architecturally compatible" would be the style of the house, so Council would still want the "architecturally compatible" with the house in the code; but also add the finish materials language. Attorney Diehrn agreed and stated that the phrase "including, but not limited to, siding and shingles" so that would leave that open for stucco. City Attorney Diehm proposed that this language be included in Section 1 C. Councilmember Duggan asked if the Council was permitting two garages. The reply was in the affirmative. He then asked if a resident also wants an accessory structure in addition to the two garages, how that request would be handled. Sedlacek replied that this is proposed to be structured similar to the current code where it is size dependent. If a resident has a lot of four acres or less they would be allowed that one detached structure, which could be a garage or an accessory shed of some sort. If the lot is over four acres then they would be allowed two structures. Mayor Krebsbach suggested that Council go into a workshop session before their next meeting to continue this discussion to be totally comfortable with what is in the ordinance. Councilmember Duggan moved to table this discussion to the next Council meeting to obtain more clarification on the issues that have been raised. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 June 4, 2013 Mendota Heights City Council Page 10 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Jake Sedlacek listed the following events: • Mendota Heights 5K Run/Walk benefiting Special Olympics took place the previous weekend with 463 participants • The Parks Celebration had a great turnout and good weather • The Summer Playground programs are starting up on June 10 • June 12th is the next Performance in the Park, and then they will take place on Thursday evenings throughout the summer at the Market Square Park • The Cliff Timm Fishing Derby is June 20 • The Puppet Wagon is starting on Mondays around lunch time in Market Square Park Mayor Krebsbach stated that this is the last night of service to the City for the fine of Winthrop and Weinstein. Counting the time that the City was served by Sherman Winthrop and Bob Weinstein, that tenure stretches over 50 years. Over these years, the attorneys at Winthrop and Weinstein have helped the City grow into the prosperous and well respected City that we all enjoy today. Attorneys from Winthrop and Weinstein, who have served as Mendota Heights City Attorney include: Bob Weinstein, City Prosecutor through the 1960s Sherman Winthrop, late 1950 to mid -1980 Tom Hart, mid -1980 to 2000 Dan Schleck, 2000 to 2005 Tami Diehm, 2005 to present The firm is now seeking to move on from municipal representation but we know that Winthrop and Weinstein will always be part of Mendota Heights and their legacy will be one that the City benefits from for many years to come. Mayor Krebsbach presented Tami Diehm with a Certificate of Appreciation. COUNCIL COMMENTS Mayor Krebsbach stated that the Council will hold a Council Workshop session at 6:00 p.m. on Tuesday, June 18, before the regularly scheduled City Council Meeting Councilmember Norton commended everyone, especially Sergeant Garlock, for the outstanding events that took place this past weekend; as well as Sloan Wallgren, knowing it was his first foray into the Mendota Heights Parks Celebration. Councilmember Petschel echoed Councilmember Norton's comments. Councilmember Povolny stated that he had fun, participated in the 5K, attended the Park Celebration, and watched quite a bit of baseball. June 4, 2013 Mendota Heights City Council Page 11 ADJOURN Councilmember Petschel moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:58 p.m. ATTEST: Lorri Smith City Clerk June 4, 2013 Mendota Heights City Council Page 12