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2013-11-05 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 5, 2013 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Due to the election, Mayor Krebsbach called the meeting to order at 8:00 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 Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. City staff recommended that item 31. be removed from the agenda. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items j) Approval of Wetland Delineation Report for Southview Design Property. a. Acknowledgement of October 15, 2013 City Council Minutes b. Acknowledgement of October 15, 2013 City Council /Planning Commission Workshop Minutes c. Acknowledgement of October 22, 2013 Planning Commission Minutes d. Acknowledgement of October 29, 2013 City Council Workshop Minutes e. Receipt of September 2013 Fire Department Synopsis Report f. Approval of Personnel Action Report g. Approval of Christmas Eve Floating Holiday Designation h. Approval of Massage Therapist License November 5, 2013 Mendota Heights City Council Page 1 i. Planning Case 2013 -18, Approving Conditional Use Permit for Wireless Antenna Modification at 1897 Delaware Avenue (Sibley High School), Resolution 2013 -92 j. Approval of Wetland Delineation Report for Southview Design Property k. Approval of Payment for Stormwater Improvements to Gartzke Construction 1. Pulled from agenda per staffs request (Resolution 2013 -81) m. Thermal Imaging Camera and Lukas Combination Tool Purchases n. Purchase of Turnout Gear o. Approval of September Treasurers Report p. Approval of Claims List q. Approval of Contractor List r. Approval of Building Activity Report Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS J) APPROVAL OF WETLAND DELINEATION REPORT FOR SOUTHVIEW DESIGN PROPERTY Mayor Krebsbach stated that the correct name of this property is "Spearhead Rugby Property" and requested that the title be corrected. City Administrator Justin Miller replied that it would be corrected but also noted that the property is under contract with Southview Design Property. Councilmember Duggan noted the list of respective agencies that would receive the Notice of Decision and asked if the Department of Natural Resources is covered by this. Assistant City Engineer Ryan Ruzek replied that he had inadvertently left the DNR off the list, but they will be noticed. Mayor Krebsbach requested that Mr. Ruzek explain what `wetland delineation' is. Ruzek explained that the City is the local government unit for the Wetland Conservation Act. When any wetland items are presented to the City they have to follow state and federal guidelines. A wetland report was submitted for this site on Pilot Knob Road, and it states that there is not a wetland on the parcel; however, some of the older federal data under the national wetland inventory did show that there could potentially be a wetland on this parcel. The potential developer hired a specialist to investigate the site and they did not encounter any wetlands. Once Council acts on this delineation request, a Notice of Decision will be sent to all of the other agencies and this parcel would be removed from the list of wetland parcels. Councilmember Duggan moved to accept the Wetland Delineation Report for Spearhead Rugby Property, parcel ID #27-03300-01-004. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments November 5, 2013 Mendota Heights City Council Page 2 PUBLIC HEARING A) VICTORIA / ROLLING GREEN NEIGHBORHOOD STREET IMPROVEMENT PROJECTS, RESOLUTION 2013 -96 Assistant City Engineer Ryan Ruzek explained this project is proposed to have a complete reconstruction of Victoria Road, as well as the street rehabilitation of Coventry Court, Oxford Court, Rolling Green Curve, Stratford Road, Walsh Lane, and Windwood Court. Staff sent a questionnaire to the residents and Mr. Ruzek listed the major issues that were reported from the residents. Mr. Ruzek then gave a brief history of the construction and maintenance of the project roads, a description of the current conditions and specifications, and the proposed improvements to the roads and trails, proposed to be completed in 2014. Adding 20% for indirect costs for legal, engineering, administration, and finance (approximately $660,000) brings the project total costs to approximately $3.9 million. Funding sources would include Special Assessments, Bonds, the MSA Account, and the Water & Utility Fund. The City's assessment policy for a street reconstruction would be to assess the benefiting property owners fifty percent of the assessable costs. The City would pay the entire costs for the stone sewer, water main replacement, and other appurtenant work. The properties in the street rehabilitation area had already been assessed for curb and gutter so the City would pick up current curb and gutter costs, sod restoration, and other appurtenant work; however, the street and other improvement costs would be assessed to the benefiting property owners. City Engineer John Mazzitello shared five phasing options for handling this large of a project: 1. Do nothing 2. Do rehabilitation section only 3. Do rehabilitation section and North Victoria (Marie to Lilydale border) reconstruction (Phase 1) 4. Do rehabilitation section and South Victoria reconstruction (Phase 2) 5. Total build (all of Victoria and the rehabilitation sections) Councilmembers asked questions pertaining to the phasing options, the varying widths of the streets, levy impacts of the various phases, and what the increased costs would be between option three and option five. Mayor Krebsbach asked about the water main installation, if it was decided to reconstruct Victoria in two phases. City Engineer John Mazzitello replied that the installation of the new water main would occur just like with any other project; it would terminate at Marie in the first phase, and pick up at Marie and go south to Kay Avenue. He also stated that he does not foresee any issues with completing the project in two phases. Mayor Krebsbach opened the public hearing. Ms. Patrice Walsh, 1900 Victoria Road, submitted a petition from the townhome association objecting to the reconstruction of Victoria Road. The reasons for the objection are 1) the high proposed November 5, 2013 Mendota Heights City Council Page 3 assessment costs, and 2) the addition of curbs to Victoria Road. They object to the addition of curbs because they would be losing the parking option for guests. Ms. Walsh read comments from Mr. John Pittman, who signed the petition but was unable to attend the meeting, so they could be added to the record. Mr. Pittman believes the project is unnecessary. Mr. Alan Stornbaugh, N. Victoria Road, stated that he was very much opposed to the project and his name is on the petition. He commented he enjoys the rural character of this area. He questioned the value of curbs and stated that he has concerns about parking along Victoria Road. Mr. Marty Evans, 2015 Victoria Road South, explained he purchased his home because of the rural characteristic of the neighborhood. He would prefer no curb and gutter, but is in favor of the rehabilitation to Victoria Road. He stated the proposed assessment amount may be difficult for some. At this point, Mayor Krebsbach requested that Finance Director Kristen Schabacker explain the option of deferment. Ms. Schabacker noted for clarification that a deferment is not a forgiveness of the debt. The debt would remain, accruing interest, until the property changes ownership. Ms. Rita Marquardt, 1824 Victoria Road South, asked how the costs would be assessed to the property owners. Mayor Krebsbach replied that a resident could pay off the assessment in full or the assessment could be put on their property taxes, payable over nineteen years. Ms. Schabacker further explained that there would be an assessment hearing once the project is substantially completed. Mr. Fred Wysoki, 1900 Victoria Road South, president of the townhome association, reiterated that the association is unanimously against the project. They have one driveway onto Victoria; however, all nineteen units would be charged the full assessment amount. Most of the residents are elderly or retired and this would be a hardship for them. Mayor Krebsbach asked if there is an option available to just resurface Victoria Road. Mr. Mazzitello replied that the road, which was constructed in the 1950's, has reached the end of its lifespan. It has been resurfaced twice already and needs to be reconstructed all the way down to the base. If it was just resurfaced, it would still require a complete reconstruction in a couple of years. Ms. Cindy Johnson, 1755 Victoria Road South, expressed her appreciation to the engineering department for their thorough communications with the residents. She stated she is in support of the project as proposed as it is a much needed project. She appreciated having to only pay twenty -five percent of the project costs as opposed to what would have been the normal fifty percent. She did not believe that adding curb and gutters would change the rural feel of the area because of the amount of trees. She proposed adding more trees and landscaping to the area as a traffic calming option. Mr. Paul Rammer, 1951 Victoria Road South, expressed his appreciation to staff for their communications regarding the project. However, he did take some issue with the installation of curbing because of the need to continually clear the debris so the water can drain. Engineering staff stated that they would look at the catch basin on his property along Kay Road to see what is causing the blockage. November 5, 2013 Mendota Heights City Council Page 4 Mr. Rammer also stated he moved to this area from Highland Park simply because of the rural character. Mayor Krebsbach replied that she believes the City has done a fantastic job of keeping the 'across the river' feel of the community and did not believe that curb would change that; the same as it did not change the feel of Hunter Lane and Wagon Wheel. Mr. Rammer stated concerns at the amount of the proposed assessment and does not believe he will ever get that value from his property. Mr. Mazzitello explained that assessment values have remained consistent for the past several years. Appraisals have been done on past projects that show the benefit of the improvement is consistent with the amount that would be assessed to the property. Councilmember Duggan asked for the past assessment costs of the Hunter, Wagon Wheel, and Furlong reconstructions. Mr. Mazzitello replied that the assessments for Orchard Place/Hunter Lane was $8,850, Lemay Lake Road/Furlong was approximately $8,700 but was lowered due to the bid prices received to approximately $6,300, and Wagon Wheel was $8,500. Mr. Paul Resell, 1823 Victoria Road South, entered a petition that he be included with the Rolling Green property group. He paid S10,800 for total reconstruction as part of the Rolling Green Addition. Now he is being pulled out of that pool of people who are being asked to pay an assessment of $4,000 for rehabilitation, while he is being asked to pay for reconstruction of $9,000. Staff replied that they would research this. Ms. Laurie Garcia and Mr. Carlos Garcia, 956 Douglas Road, also stated they appreciate how the engineering department has been answering their questions. They moved into their home within the last year and are in support of the project. Mr. Eric Pasternack, 1854 Walsh Lane, put in a plug for the rehabilitation of Walsh, Oxford, Stratford, and the cul-de-sacs as he and his neighbors would like to see the rehabilitation done. Councilmember Duggan expressed his desire to continue the public hearing to the next meeting, based on the amount of information just received from staff regarding the different phasing options of the project and the wishes and desires of the residents given. City Attorney Andrew Pratt explained that state statutes will allow the Council to continue the public hearing to a later date, however, the statute does specify that the Council has six months from the time the public hearing begins to order the improvements. Councilmember Duggan moved to continue the public hearing to the Council's next fleeting to be held on November 19, 2013. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan asked for the number of other homes on Victoria, outside of the home association. Mr. Mazzitello replied that the townhome association has 17 units and there are 59 total assessable units on Victoria Road; leaving 42 assessable units outside of the association. November 5, 2013 Mendota Heights City Council Page 5 UNFINISHED AND NEW BUSINESS A) REVIEW OF OCTOBER 1, 2013 TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS, APPROVAL OF RESOLUTION 2013 -77 City Engineer John Mazzitello explained that the Traffic Safety Committee met on October 1, 2013 prior to the City Council meeting with two items for discussion. The first was a request to review the speed on Decorah Lane. The Traffic Safety Committee is making the recommendation that the speed cart be utilized to do some targeted measuring of volumes and speeds. This new data can then be compared to the 2008 data that was collected. There is no Council action necessary on this item at this tune. Councilmember Petschel provided feedback from some residents who are willing to have "slow children" signs installed on their property. Mr. Mazzitello continued by stating the Traffic Safety Committee reviewed a request for parking restrictions on the east side of Warrior Drive, adjacent to Henry Sibley High School. A number of residents came to the Council meeting on September 17, 2013 to talk about the parking and the impacts to the residences along Warrior Drive. The committee took a look from an area perspective if they were to prohibit parking on the east side of Warrior Drive and felt that the parking would move into adjoining neighborhoods. The committee was hesitant about approving a full -out parking restriction on the east side of Warrior Drive and the discussion was moved into the root cause of the issue; Henry Sibley High School charges students to park in the student lot and that it is quite likely that the citizens parking on Warrior Drive are students who are unwilling to pay the parking fee for the student lot. The committee concluded that a recommendation to Council would be to make a formal request to the school district to address this concern of the residents. Since that time, the school district has striped the athletic field lot on the southeastern corner of the Henry Sibley property — just off of Delaware and Mendota Road — for student parking free of charge. The committee recommends adoption of the resolution requesting that the school board continue to take measures to help alleviate residents' concerns. Mayor Krebsbach asked about how the no parking restrictions are enforced on the road that is owned by Henry Sibley High School. Chief Aschenbrener replied that the police would hand out handicapped parking violations and fire lane violations; but the enforcement of the no parking restrictions would be handled by the school who could call for a tow truck to remove the vehicle. Councilmember Duggan moved to adopt RESOLUTION 2013 -77 RESOLUTION FORMALLY REQUESTING ACTION BY INDEPENDENT SCHOOL DISTRICT 197 TO ALLEVIATE RESIDENT CONCERNS DUE TO ON- STREET PARKING ON WARRIOR DRIVE. Councilmember Norton seconded the motion. Mr. Stuart Simek, 577 High Ridge Circle, stated that the concern of the residents was the under - utilization of a parking lot that was constructed and paid for by the taxpayers. November 5, 2013 Mendota Heights City Council Page 6 Mayor Krebsbach called for the vote. Ayes: 5 Nays: 0 Councilmember Petschel asked for a status update from the Traffic Safety Committee after their next quarterly meeting. If at that time it is discovered that the school has not taken any additional steps to remediate the issue, it would be brought back to the Council. B) PLANNING CASE 2013 -16, ACCESSORY STRUCTURE SETBACK VARIANCE, 2471 POND CIRCLE EAST, APPROVAL OF RESOLUTION 2013 -91 Planner Nolan Wall stated the applicants are requesting a variance for an accessory structure within the required thirty foot setback from a public street. Currently, there is a ten by fourteen foot structure that was constructed without a building permit or zoning approval, approximately twelve feet from the property line along Pond Circle West. The applicants are seeking to remedy that violation by applying for a variance. They have also proposed an alternative location for that accessory structure that would meet the setback requirement. The accessory structure is substantially complete. Mr. Wall shared the standard reviews that would apply if this variance request was approved. If the variance is not granted, the applicants are requesting to have until next spring to relocate the structure. The Planning Commission recommended approval of this variance request based on the findings of fact. Councilmember Duggan moved to adopt RESOLUTION 2013 -91 A RESOLUTION APPROVING AN ACCESSORY STRUCTURE SETBACK VARIANCE AT 2471 POND CIRCLE EAST. Councilmember Norton seconded the motion. Mr. Ken Paquin, 2471 Pond Circle East, explained why he placed the shed in its current location and that moving it to the location that would fit the requirements would make it very noticeable to the neighbors. Mayor Krebsbach requested thoughts from City Attorney Andrew Pratt, who stated that the Findings of Fact were in order for denial or approval. Mayor Krebsbach called for the vote. Ayes: 5 Nays: 0 November 5, 2013 Mendota Heights City Council Page 7 C) PLANNING CASE 2013-19, FRONT AND SIDE YARD SETBACK VARIANCES, 912 ADELINE COURT, APPROVAL OF RESOLUTIONS 2013-93 AND 2013-94 Councilmember Povolny stated he would abstain from the discussion and voting on this item, as he has a conflict of interest. Planner Nolan Wall explained that the applicant is requesting variances for a covered front porch encroachment in the front yard setback and a garage expansion encroachment in the side yard setback. The proposal is to extend the front porch from the garage roof line across the entire structure. The encroachment would be one foot four inches into the 30-foot front yard setback requirement. The curved cul-de-sac street frontage is what is causing the curved setback line in relation to this property. The encroachment is minimal and is offset by areas of the same frontage which is greater than the requirement. The second variance request is for the garage, with a 6.5 foot addition on the east side of the structure. The proposed extension is needed to create three vehicle stalls in the garage. Currently the garage has three doors but only 2.5 vehicle stalls. The encroachment would be three feet three inches into the ten foot side yard setback area. It is a reasonable use for storage of vehicles and equipment. The proposed addition would leave six feet nine inches between the garage and the property line. As noted in the staff report, expansion could incur without the encroachment but not enough to realize the full potential of having three full stalls. The neighborhood does include a mix of two and three car garages. The Planning Commission recommended approval of the front porch variance request based on the Findings of Fact and recommended denial of the garage addition variance based on the Findings of Fact. Councilmembers asked questions pertaining to any objections from neighbors and the presence of utility or other types of easements between the applicant and neighbor on the side with the garage. Mr. Jim Povolny, 912 Adeline Court, applicant, addressed the situation of his neighbor's house in relation to his, the setback requirements, aesthetics, and the acceptance from his neighbors. Councilmernber Duggan moved to adopt RESOLUTION 2013-93 A RESOLUTION APPROVING A COVERED PORCH SETBACK VARIANCE AT 912 ADELINE COURT. Councilmember Norton seconded the motion. Councilmernber Duggan expressed his discomfort with number six of the resolution as being speculative. City Attorney Andrew Platt supported this assertion and recommended it be removed from the resolution. Councilmember Duggan also questioned number four of the resolution. Planner Wall addressed his question by stating that the bulk of the covered porch is well within the setback requirements. November 5, 2013 Mendota Heights City Council Page 8 Councilmember Duggan amended his motion to adopt RESOLUTION 2013 -93 A RESOLUTION APPROVING A COVERED PORCH SETBACK VARIANCE AT 912 ADELINE COURT WITH THE DELETION OF ITEM SIX OF THE RESOLUTION. Councilmember Norton seconded the amended motion. Ayes: 4 Abstain: 1 (Povolny) Nays: 0 Councilmember Duggan moved to adopt the RESOLUTION 2013 -94 APPROVING A GARAGE SETBACK VARIANCE AT 912 ADELINE COURT with the following findings of fact: 1. The proposed garage expansion is a reasonable use of the subject property. 2. The proposed garage expansion will provide for three full vehicle stalls as the existing garage design appears to provide. 3. The proposed garage expansion cannot be accommodated within the required setbacks due to the irregular shape of the lot and the angle of the existing home and garage relative to the east property line. 4. The setback encroachment is minimal, and is offset by areas of the garage in which the setback is greater than the requirement. Councilmember Norton seconded the motion. Ayes: 4 Abstain: 1 (Povolny) Nays: 0 D) PLANNING CASE 2013 -20, WETLAND PERMIT, 1562 WACHTLER AVENUE AND 755 WENTWORTH AVENUE, APPROVAL OF RESOLUTION 2013 -95 Councilmember Povolny rejoined the Council meeting. Planner Nolan Wall explained that this is an after -the -fact wetland permit for removal of vegetation and grading at 1562 Wachtler Avenue and 755 Wentworth Avenue. The applicant is the resident at 777 Wentworth Avenue and the work was completed with permission from the owners of the properties impacted. The area of disturbance is within 100 feet of a wetland or water resource area, which requires a wetland permit. Wetland permit applications are typically handled administratively, but due to the after- the -fact nature and because it occurred on multiple properties, staff felt that a public hearing was required at a Planning Commission level. When staff became aware of this project, the owner was ordered to cease work immediately and address the erosion control and permitting issues. The applicant was very responsive to staff's concerns and installed a silt fence almost immediately after he was notified. Written statements were requested from the impacted properties to make sure they knew what was going on and what their level of understanding of the project was. The applicant also provided additional responses to comments made at the Planning Commission meeting. November 5, 2013 Mendota Heights City Council Page 9 The applicant removed dead and dying Elm and Ash trees in order to allow for growth of existing Birch and Maple trees; he also planted some additional trees in the area, and seeded. He also did some minor grading to create a new berm. The Planning Commission recommended approval of the wetland permit with the conditions that the applicant establish and maintain a wild growth buffer area of at least twenty -five feet, that wild mix seeding is planted this fall, and that the silt fence remains until the vegetation is established as determined by the City's engineering department. Mr. Ed Sweeney, 777 Wentworth Avenue, explained how the project came to be. He also expressed his appreciation to city staff. Councilmember Duggan moved to adopt RESOLUTION 2013 -95 A RESOLUTION APPROVING A WETLAND PERMIT FOR REMOVAL OF VEGETATION AND GRADING AT 1562 WACHTLER AVENUE AND 755 WENTWORTH AVENUE. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: November 15 is Date Night for the 65111 Annual Firefighters Dance. Tickets are available at City Hall at $20 for two tickets. Music to be provided by High & Mighty. Winter parking rules are now in effect. Parking is not allowed on streets between 2:00 a.m. and 6:00 a.m. Parking is also limited to no more than 30 minutes during a snow fall of at least two inches. Officer Denise Urmann is heading up the Toys for Tots campaign. Unwrapped new toys can be dropped off at City Hall. The Police Department and Reserves will be taking the toys to KARE 11 studios on December 21. City Hall offices are closed on Monday, November 11 in honor of Veterans Day. COUNCIL COMMENTS Councilmember Petschel noted that she and Councilmember Povolny attended the Henry Sibley /St. Thomas Academy playoff football game. A great time was had by all — Henry Sibley resoundingly won. Their next game is November 8 against Brainerd, at St. John's University. Councilmember Norton expressed his appreciation to Paster Enterprises for allowing the use of the Mendota Plaza area for the Halloween Bonfire. November 5, 2013 Mendota Heights City Council Page 10 Councilmember Duggan expressed his appreciation to the Fire Department for all of the work they have done year- after -year providing all of the treats for the kids at the bonfire and for putting on the dance. Councilmember Duggan also complimented Planner Nolan Wall for providing some of the best presentations and reports he has seen in a long time. He also expressed his appreciation of hearing from the residents in support of the good work the engineering staff is doing. Councilmember Duggan shared a thank you from Mr. Steve Watson to Mayor Krebsbach for the wonderful letter she sent to him. Mayor Krebsbach had a great vacation visiting her husband's family in Texas and saw the Cowboy/Vilcings football game. She also expressed her appreciation to Paster Enterprises for hosting the bonfire, and she noted that Howard Paster's grandmother passed away. Mayor Krebsbach commended the staff for their diligent and thorough work, and her fellow Councilmembers. The City is seeing the benefits of everyone working together. Councilmember Norton noted that Visitation St. Thomas Academy [VISTA] organization has their Gifts of the Magi performances the next two weekends. City Administrator Justin Miller reported the results of the school board election. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 11:04 p.m. ATTE , orri Smith City Clerk Sandra Krebsbach Mayor November 5, 2013 Mendota Heights City Council Page 11