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2013-07-16 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 16, 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 noted that Council was in a workshop meeting prior to this regularly scheduled meeting where they discussed the trail proposed by Dakota County and the West St. Paul/Mendota Heights hockey arena task force proposal. 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 Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items A) Acknowledgement of June 18, 2013 City Council Minutes, E) Approve Change of Meeting Time for August 6, 2013 City Council Meeting, J) Accept Resignation of Firefighter Keith Stein, L) Receive June 2013 Par 3 Report, P) Approve Resolution 2013 -50 Call for Public Hearing for Convent of the Visitation Conduit Revenue Note Host City Approval, and T) Approve Resolution 2013 -51 Award Contract for Design of Mendota Heights Road Force Main. a. Acknowledgement of June 18, 2013 City Council Minutes b. Acknowledgement of June 18, 2013 City Council Workshop Minutes c. Acknowledgement of June 25, 2013 Planning Commission Minutes d. Acknowledgement of July 10, 2013 Airport Relations Commission Minutes e. Approve Change of Meeting Time for August 6, 2013 City Council Meeting f. Approval of Out-of-State Travel Request for Investigator Chad Willson July 16, 2013 Mendota Heights City Council Page I g. Approval of Personnel Action Report h. Approve Purchase of Police Reserve Vehicle i. Approve Resolution 2013 -44 Revise Fee Schedule to Allow Day Care Fire Inspection Fees j. Accept Resignation of Firefighter Keith Stein k. Authorize Purchase of Cabinets for Police Department 1. Receive June 2013 Par 3 Report m. Approve Resolution 2013 -45 Accept Tree Donation from Mendota Heights MOMS Club n. Approve Resolution 2013 -49 Critical Area Permit for Deck /Patio Replacement at 1831 Hunter Lane, Planning Case 2013 -11 o. Approval of Massage Licenses p. Approve Resolution 2013 -50 Call for Public Hearing for Convent of the Visitation Conduit Revenue Note Host City Approval q. Award of Contract for Signage Replacement on 2012/2013 Street Projects r. Authorization to Execute Purchase Order for 2013 Street Striping s. Authorization of Purchase Order for Installation of Public Works Standby Generator t. Approve Resolution 2013 -51 Award Contract for Design of Mendota Heights Road Force Main u. Approval of Claims List v. Approval of Contractor List Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A) ACKNOWLEDGEMENT OF JUNE 18, 2013 CITY COUNCIL MINUTES Councilmember Duggan requested a correction to page four of the minutes to include `fire department, police department, public works, and commissioners' to also be included in the golf challenges to be scheduled at the Par 3 Golf Course. Councilmember Petschel moved to approve the June 18, 2013 City Council Minutes with the noted correction. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 E) APPROVE CHANGE OF MEETING TIME FOR AUGUST 6, 2013 CITY COUNCIL MEETING City Administrator Justin Miller explained that August 6, 2013 is the annual Night to Unite neighborhood block parties. Staff is proposing to postpone the start of the regularly scheduled City Council meeting to 8:00 p.m. to give staff and the Council more time to attend the neighborhood events. Councilmember Duggan moved to approve the change of meeting time for August 6, 2013 City Council Meeting to 8:00 p.m. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Judy 16, 2013 Mendota Heights City Council Page 2 J) ACCEPT RESIGNATION OF FIREFIGHTER KEITH STEIN Councilmember Duggan explained that the City is blessed with having a volunteer fire department. For the firefighters themselves, the blessing is the camaraderie that they build. Firefighter Keith Stein has been a volunteer for over 30 years and his son is also a firefighter. So, it is with deep regret, that the City accepts the resignation of Firefighter Keith Stein. Councilmember Duggan moved to accept the resignation of Firefighter Keith Stein effective August 31, 2013. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 L) RECEIVE JUNE 2013 PAR 3 REPORT City Administrator Justin Miller explained that the month of June was a good month for the Par 3. In the month of June 2013, the Par 3 brought in $31,647, which brings the year -to -date revenue to just over $65,000. Expenses for the year total $47,000. Councilmember Duggan asked if staff would be putting together the league for all city staff, including the fire, police, public works, and councilmembers. Miller explained that Recreation Coordinator Sloan Waligren is looking into setting a date for late August. Councilmember Povolny moved to accept the June 2013 Par 3 Report. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 P) APPROVE RESOLUTION 2013 -50 CALL FOR PUBLIC HEARING FOR CONVENT OF THE VISITATION CONDUIT REVENUE NOTE HOST CITY APPROVAL Dr. Dawn Nichols, Head of School of Convent of the Visitation, explained that at the May 2013 City Council meeting the school received a building permit to construct the second phase of the Visitation Heart and Mind Project. The construction is well underway for this expansion. They are now moving on to the financing phase of the project, which will be issued through the city of Lilydale. Finance Director Kristen Schabacker explained that the City of Mendota Heights is allotted $10 million and with its streets projects and the finishing of the St. Thomas project, the City did not have the capacity to issue the bonds necessary to fund the Convent of the Visitation project. The school is receiving the conduit financing through the city of Lilydale. Since the school is located in the city of Mendota Heights, we are considered the host city and are required to hold a public hearing. After the public hearing, the city of Mendota Heights could pass a resolution authorizing the issuance of those bonds to Convent of the Visitation with the city of Lilydale. Councilmember Petschel moved to approve RESOLUTION 2013 -50 CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF A TAX - EXEMPT EDUCATIONAL FACILITY REVENUE NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (ACADEMY OF THE VISITATION PROJECT) TO BE HELD ON AUGUST 6, 2013 Councilmember Duggan seconded the motion. July 16, 2013 Mendota Heights City Council Page 3 Ayes: 5 Nays: 0 T) APPROVE RESOLUTION 2013-51 AWARD CONTRACT FOR DESIGN OF MENDOTA HEIGHTS ROAD FORCE MAIN Councilmember Petschel asked what exactly the contractor is going to do to solve the problem with this force main. City Engineer John Mazzitello replied that the RFP that was sent out asked for specialty design consultants to look at two different design alternatives and to provide cost estimates for each. The alternatives were as follows: 1) Line the existing force main with a smaller pipe runnig inside the existing pipe 2) Directionally bore a new force main and abandon the old force main The contract before the Council would have that consulting engineer design both of those options, providing cost estimates for each, or at some point during that design process determine which one is more feasible, and that would become their recommendation to move forward to construction. Councilmember Petschel moved to approve RESOLUTION 2013-31 ACCEPTING A PROPOSAL AND AUTHORIZING A PROFESSIONAL SERVICES CONTRACT AGREEMENT FOR MENDOTA HEIGHTS ROAD FORCE MAIN REPLACEMENT. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Ms. Laurie Tostrud, 1490 Somerset Court, explained that she has attended work sessions the Council has had on the proposed ice arena task force. She strongly urged the Council to find out what the residents want as the city has an opportunity for a professional study at no cost to find out if it would be feasible to have an ice arena. She believes that the council's suggestion to bring people from other cities together to discuss this would not provide the information needed as would be provided by a professional study. The Council could then make an informed decision with no commitment to the study results. Mr. John Pittman, 1812 Victoria Road, spoke in regards to a notice and survey he received from the city regarding proposed improvements to Victoria Road. He spoke with Assistant City Engineer Ryan Ruzek and was informed that the process was in the evaluation stage. He stated he believes the residents of Victoria Road feel these improvements are not necessary. Specifically, Victoria Road is a rural road without any drainage problems except the dip in between. If the street was widened and curb installed, there would be more water problems and more traffic. Parking is also not an issue. The residents like the character and aesthetics of the current road. Mr. Pittman provided the Council with a written account of his and his neighbors' concerns. He asked who determined the need for these improvements. Public Works Director/City Engineer John Mazzitello noted that the survey was sent to all of the property owners that access Victoria Road. Staff received approximately 60% of the surveys back and about half of the respondents supported the project with certain parameters. All of the results will be compiled into a feasibility study, which would be presented to City Council in August or September 2013. The City Engineering staff determined the need since this is a City street. July 16, 2013 Mendota Heights City Council Page 4 Councilmember Duggan encouraged staff to inform the residents of when the feasibility study would be on the Council agenda. Mr. Don Wagner, 1718 Stanwich Lane, addressed the Council on his interest in the garage code changes and the ability to potentially add a second garage to properties. He encouraged the Council's consideration and passage of such an amendment to allow for a second detached garage or an addition to the garage space on properties. PRESENTATIONS There were no presentations. UNFINISHED AND NEW BUSINESS A) RESOLUTION 2013-46 APPROVE CONDITIONAL USE PERMIT FOR FENCE AT 713 MARIE AVENUE, PLANNING CASE 2013 -08 City Engineer John Mazzitello explained that the Planning Commission heard this case at their June 25, 2013 meeting. The City Code allows fences to be installed within the thirty foot right-of-way setback from the property up to thirty -six inches in height. A resident wishing to install a fence greater than thirty-six inches in height is required to get a conditional use permit. The applicant, Rebekah Villafuerte, 713 Marie Avenue, is requesting to install a six foot tall cedar plank alternating panel fence. The fence would be located within the 30 foot setback from the public right-of-way. The Planning Commission recommended approval of the conditional use permit with conditions. Councilmember Duggan asked if the proposed fence would block sight lines at the intersection of Dodd and Marie Avenue. Mazzitello replied in the negative. Mayor Krebsbach asked if the request for the fence has anything to do with the trail located in the area. The applicant replied that the desire for the fence had nothing to do with the trail, but that Dodd Road is a very busy street. Councilmember Duggan moved to adopt RESOLUTION 2013 -46 APPROVING A CONDITIONAL USE PERMIT FOR A FENCE GREATER THAN THREE FEET IN HEIGHT AT 713 MARIE AVENUE with the following findings of fact: 1. The proposed project will not farther impact traffic visibility at the Dodd Road/Marie Avenue intersection 2. The proposed fence type and height are consistent with Ordinance requirements 3. The fence is compatible with the established character in the area and will not negatively impact any neighboring properties Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2013-48 APPROVE CONDITIONAL USE PERMIT FOR FENCE AT 1807 WALSH LANE, PLANNING CASE 2013 -10 Mazzitello explained that the Planning Commission heard this planning case at their June 25, 2013 meeting. As noted in the previous case, city code allows fences to be installed within the thirty foot July 16, 2013 Mendota Heights City Council Page 5 right -of -way setback of the property up to thirty -six inches in height. The applicant, Curt Hopman, 1807 Walsh Lane, desires to install a six foot tall cedar plank alternating panel fence to match the rest of the fence that is currently on the property. The Planning Commission recommended approval with conditions. Councilmember Povolny asked for a more specific explanation of where the existing house is located on the property. Mr. Dan Larson of Midwest Fence, representing the homeowner, reviewed the site plan with the Mayor and Council. Mayor Krebsbach asked if this request for a fence is due to the close proximity of the trail. Mr. Larson replied that this request has nothing to do with the trail. Councilmember Norton moved to adopt RESOLUTION 2013 -48 APPROVING A CONDITIONAL USE PERMIT FOR A FENCE GREATER THAN THREE FEET AT 1807 WALSH LANE with the following findings of fact: 1. The proposed project will not further impact traffic visibility at the Walsh Lane /Marie Avenue intersection 2. The proposed fence type and height are consistent with Ordinance requirements 3. The fence is compatible with the established character in the area and will not negatively impact any neighboring properties Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel noted Planning Commissioner Roston's comment made at the Planning Commission meeting about the possibility of fast tracking these requests in the future. Councilmember Petschel expressed her support for considering that change in the ordinance. City Administrator Justin Miller stated that he would research this process for possible further discussion by the Council. C) RESOLUTION 2013 -47 APPROVE VARIANCE FOR MOTOR FUEL STATION SETBACKS, WIELAND, INC. /BP, 2030 DODD ROAD, PLANNING CASE 2013 -09 Mazzitello explained that this is a request for two variances for the BP Motor Fuel Station located at 2030 Dodd Road. The applicant requested a variance to allow an extension of his overhead canopy. City Code requires that structures be setback twenty feet from the public right -of -way in the business district. The existing canopy stands at a fifteen foot setback and would be extended further into the right -of -way. This requires an additional variance because it is considered new construction. A second variance would allow surface parking within the twenty foot setback which is required in the business zone. The applicant requested a five foot setback which would be consistent with the rest of the parking on the site. The area is currently paved but is not utilized for parking. The Planning Commission held a public hearing at their June 25, 2013 meeting and recommended approval with conditions. Councilmember Duggan suggested that item three in the Findings of Fact, which reads "The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner," should read "... which reduces use ... ," . City Attorney Tom Lehman replied that either one would be fine. July 16, 2013 Mendota Heights City Council Page 6 Councilmember Duggan moved to adopt RESOLUTION 2013-47 APPROVING A FIVE FOOT STREET RIGHT-OF-WAY SETBACK VARIANCE FOR A CANOPY AT 2030 DODD ROAD with the following findings of fact: 1. The existing degree of canopy setback nonconformity will not be increased 2. Other than setback requirements, all canopy- related requirements of the Ordinance (i.e. lighting, signage, and height) will be satisfied 3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner 4. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property 5. AND A 15 FOOT PROPERTY LINE SETBACK VARIANCE FOR PARKING AT 2030 DODD ROAD with the following findings of fact: 1. The existing degree of parking setback nonconformity will not be increased 2. Other than parking setback requirements, all parking- related requirements of the Ordinance will be satisfied 3. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable mamier 4. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel applauded the proposed plans to improve the property. D) DAKOTA COUNTY OPEN TO BUSINESS PROPOSAL City Administrator Justin Miller explained that this Joint Powers agreement has been brought to all cities within Dakota County by the Dakota County Community Development Agency (CDA) and the Metropolitan Consortium of Community Developers. The program is called "Open to Business" and basically is a small business assistance initiative. The CDA would provide staff located at the CDA offices to provide business assistance to people who might already have a business, are looking to expand, or to start a business. Staff is confident that this would be a benefit to residents and business owners in Mendota Heights. The CDA is paying for half of the program and, if implemented, the cost to the City for the remainder of the year (July I through December 31, 2013) would be $1,875. These fields would come out of the business development fund. Mayor Krebsbach asked if there would be any kind of accountability for number of residents served. Miller replied that a report is received by the cities involved on a monthly basis and could be provided to the City Council. Councilmember Duggan inquired as to the cost to the City next year. Miller answered that if the City were to participate for the entire 2014 year, its cost would be $2,500. July 16, 2013 Mendota Heights City Council Page 7 Councilmember Duggan moved to authorize staff to execute the Joint Powers Agreement with Dakota County for the Open To Business Program. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 ADDITIONAL PUBLIC COMMENTS Jill and Mike Leech, 773 Mohican Lane, expressed their appreciation for Mendota Heights, however, they are deeply concerned about a group home that has been recently located in their neighborhood. Their concerns are of the use of profanity by the residents and the amount of excess noise coming from the home. They no longer feel safe or secure in their home. Mayor Krebsbach asked who the manager of the property is. She also noted that legislation has been passed that does not allow cities to have input on the location of group homes. Administrator Miller stated that staff received notice from Dakota County about this group home after the fact and that it is a privately owned facility. Staff has received similar complaints from the neighborhood after the home changed ownership. Staff will investigate further. COMMUNITY ANNOUNCEMENTS Chief of Police Michael Aschenbrener gave an update on the Night to Unite neighborhood gatherings scheduled for Tuesday, August 6, 2013. The Police department is accepting registrations and will coordinate with the fire and ambulance service to visit each registered community event. Councilmember Duggan announced that the next concert at The Village is scheduled for Wednesday, July 17, 2013. COUNCIL COMMENTS Councilmember Duggan noted the domes at Mendota Plaza and at St. Thomas Academy have been removed. He also mentioned that Mendota Days was held last Saturday and they had a large turnout with over four hundred people in the parade. He encouraged residents of Mendota Heights to support local businesses so they stay in Mendota Heights. Councilmember Petschel commented on the Noise Oversight Cormnittee (NOC) and how they have solved a lot of problems for the communities and individuals surrounding the airport. She noted some problem solving issues by Edina and Minneapolis outside of the NOC and the NOC's response to those efforts. She gave a brief update on the efforts to have Ms. Jill Smith appointed as MAC commissioner. She also noted that a bridal shop would be going into a space at The Village. They plan to open the end of August 2013. Mayor Krebsbach noted meetings she and Administrator Miller attended with Ross Fefercorn of RMF Group and Howard Paster of Paster Enterprises. July 16, 2013 Mendota Heights City Council Page 8 She supported Councilmember Petschel's comments on the airport. Mayor Krebsbach commended the Council for the workshop meeting that took place before this Council meeting. She thanked the following for attending: Torn Eagan, County Commissioner; Mr. Mertens who is working with the county trail; and Kari Gill from Dakota County's Community Development Agency. She also mentioned that The Patch noted Mendota Heights as a net gainer in regards to jobs as reported by the U.S. Census Bureau's American Community Survey. It states that Mendota Heights' 'population' rises by 40.9 percent during the workday. • I'm , Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:09 p.m. Mayor ATTEST• r Lorri Smith City Clerk July 16, 2013 Mendota Heights City Council Page 9