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2013-11-19 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 19, 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, and Norton. Councilmember Petschel was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan requested an addition to the agenda: 9c — Discussion of Warrior Drive Parking. Councilmember Norton moved to approve the amended agenda. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) 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, tabling item a. a. Acknowledgement of November 5, 2013 City Council Minutes i. Councilmember Duggan requested that the Findings of Fact for RESOLUTION 2013-94 APPROVING A GARAGE SETBACK VARIANCE AT 912 ADELINE COURT be added to the minutes as they were brought up at the Council Meeting After discussion Councihnembers agreed to table the Acknowledgement of November 5, 2013 City Council Minutes until the next Council meeting. b. Acknowledgement of November 12, 2013 Parks and Recreation Commission Minutes c. Acknowledgement of November 13, 2013 Airport Relations Corrnnission Minutes d. Receipt of October 2013 Fire Department Synopsis Report e. Approval of Resolution 2013-82 Accepting Gift to Police Department from Arlean Mertensotto f. Approval of Resolution 2013-97 Recycling Grant Joint Powers Agreement g. Receipt of October Mendota Heights Par 3 Report November 19, 2013 Mendota Heights City Council Page 1 h. Approval of Resolution 2013 -84 Final Payment, Lemay Lake Neighborhood Street Improvement Project i. Receipt of October Treasurer's Report j. Approval of Claims List k. Approval of Contractor List Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) POLICE DEPARTMENT AWARDS RECOGNITION Chief of Police Michael Aschenbrener shared a brief background on the Mendota Heights Police Department Award recognition program, which began in 1999. Representatives from the City of Lilydale and the City of Mendota were also present. The awards handed out were as follows: Chaplain Program Sergeant Brian Convery gave a quick overview of the Chaplain Program, which the police department has had in conjunction with the City of West St. Paul's police department since 2003. The program has been recently upgraded and as part of that upgrade, it was decided to have a formal swearing in ceremony for the Chaplains and to issue each of them a badge to aid in identification when they arrive at a scene. Those honored were: 1. Chaplain Butch "Chap" Millet, serving since 2003 2. Pastor John Snider, serving since 2003 3. Pastor David Wick, serving since 2003 4. Chaplain Frances Cuenca, serving since 2006 5. Chaplain Lynn Liberman, serving since 2007 and is the units liaison to the police department 6. Chaplain Sue Plucker, serving since 2012 and is the assistant to Chaplain Lynn Leberman 7. Chaplain Joel Detlefsen, serving since 2012 8. Support Chaplain Alberto Vargas, serving since 2006 9. Support Chaplain Father Rodrigue Constantine, serving since 2013 10. Father Linnie Andre, being sworn in as a new member to the program Sergeant Convery also recognized Sergeant Tom Fangel and Chief Bud Shaver from West St. Paul. Mayor Krebsbach gave the oath of office and handed out the badges. The Mendota Heights Police Department Reserve Program Mr. Jerrod Spicer was recognized with a token of appreciation for all of the time and energy he gave to the department as a volunteer. He currently has a successful career outside of the police department. November 19, 2013 Mendota Heights City Council Page 2 Dakota County Chiefs of Police Association (DCCPA) Award of Honor Officer Bobby Lambert was nominated by the Inver Grove Heights Police Department, and received the Award of Honor for his integral part in peacefully resolving the call of a suicidal man with a gun in the City of Inver Grove Heights. During that call, he worked with the Inver Grove Heights and the West St. Paul officers to bring that call to a successful resolution with no one being hurt. Officer Tanner Spicer was nominated by his partners and received the Award of Honor for his part in successfully helping on a call that was started in another city involving a suicidal man hanging over the edge of the I -35E overpass bridge. Each officer was given a uniform pin from the City of Mendota Heights recognizing the Award of Honor they had received from the DCCPA. The Dakota County Traffic Safety Committee (DCTSC) Sergeant Neil Garlock, as representative for the City of Mendota Heights on the DCTSC since its inception in 2005, presented the City of Mendota Heights with an award from the DCTSC. The DCTSC's main goal is to make it safer for citizens to drive across Dakota County. In their most recent Observational Report, it was reported that 95% of the citizens of Mendota Heights were seen wearing seat belts, which is one of the highest averages in the State of Minnesota. The Mendota Heights Police Department Award On May 22, 2013 there was a mudslide in the City of Lilydale where children were trapped. The City of Mendota Heights monitored the call and went to assist. It was quickly determined that shovels and other digging equipment would be needed. Officer John Larrive, Officer Bobby Lambert, Sergeant Neil Garlock, and Sergeant Brian Convery (who responded from home) were each awarded The Medal of Honor, the highest award given by the department, for their selfless and heroic actions. Also, the citizen's Medal of Merit was awarded to Mr. Theodore Zoccoli for his willingness to run and grab shovels without delay to be turned over to the first responders for the rescue effort. Chief Aschenbrener made it known that the City of Mendota Heights Police Department really played a very small part in the resolution of this particular call. Without the Public Works Department, the Fire Department, Dakota County Special Operations Team, West St. Paul, Inver Grove Heights, and South St. Paul there would not have been as calm a resolution as was had. PUBLIC HEARINGS A) RESOLUTION 2013 -96 VICTORIA / ROLLING GREEN NEIGHBORHOOD STREET IMPROVEMENT PROJECTS (continued from November 5, 2013) The public hearing regarding Resolution 2013 -96 Victoria / Rolling Green Neighborhood Street Improvements Projects that was started at the November 5, 2013 City Council meeting remained open and residents were encouraged to continue with their questions and comments. November 19, 2013 Mendota Heights City Council Page 3 Mr. Bob Momsen, 1900 Victoria Road, Unit P, stated that he and his wife have owned their townhome for twenty -one years. He wished it to be known that the residents of Victoria Townhomes paid the entire cost of reconstruction of their roads and curbs in 1999. Victoria Road is a major thoroughfare that is used by a large percentage of Mendota Heights' residents. He mentioned that the run off from Victoria Townhomes and Eagle Ridge drain into the pond so the gutters would not be a benefit to them. In regards to the curbs benefiting the plow drivers, Mr. Momsen stated that in the twenty -one years he has been residing there he has not seen any plow damage that the City has had to repair. With the explanation that the road is crumbling with large chunks, Mr. Momsen explained that he personally walked down by Victoria Road and failed to see any major problem areas. What he did observe were large ugly rocks that were dumped in the ditch between Marie and Douglas Road. He also observed that the City does not cut or kill the weeds. He continued by stating that with a good resurfacing the road should last for a number of years. Discussion occurred in response to Mr. Mornsen's question in the letter sent previously regarding the funding source for the curb and gutters. It was determined that the cost for the Victoria Street curb and gutters was included in the street reconstruction costs. Ms. Patrice Walsh, 1900 Victoria Road, added to her comments from November 5 by stating that she walked Victoria Road and was surprised at the amount of frontage of that road that is not being assessed. She shared an image of the area she created that included lines outlining the areas that are not owner assessed for this project. According to her calculations, the property owners along Victoria Road that are being assessed for this project only own 40% of the frontage of the road. The owners of the remaining 60% are not being assessed. She believes the best approach for funding this project would be to take the entire project cost, take 40% of that cost and divide it up between the property owners. City Engineer John Mazzitello explained that the street reconstruction policy that the City of Mendota Heights adopted uses a unit assessment, as opposed to a frontage assessment. The unit assessment is calculated by where a residents' driveway accesses the street. If a resident has a corner lot, they only get assessed for the street that their driveway accesses. Most of the area highlighted on the drawing provided by Ms. Walsh belongs to the State Department of Transportation. It is frontage along Highway 110 and I -35E. The other portion, towards the north end of Victoria on the east, is rear yards to properties that access other streets. Based on the City's reconstruction policy, the unit assessment is only applied to the properties whose driveway accesses the road. Under the financing that was in the feasibility report, the assessed property owners on Victoria are paying 25% of the total project costs as opposed to 40 %. Ms. Walsh stated that she is not talking about 40% of the total project cost [$3.9 million], but 40% of the street reconstruction portion only. She believes any other assessment would be unequitable and unfair. Ms. Walsh continued by reading a letter that was sent to Council by the President of the Townhome Association that referenced the League of Minnesota Cities 2011 Special Assessment Guide. A quote from the guide reads "Special assessments reflect the influence of a specific local improvement on the value of selected property. No matter what method the city uses to establish the amount of the assessment, the real measure of benefit is the increase in the market value of the land because of the improvement.... A special assessment that exceeds the special benefit is a taking of property without fair compensation and violates both the Fourteenth Amendment of the United States Constitution and November 19, 2013 Mendota Heights City Council Page 4 the Minnesota Constitution." The smallest townhouse in the association measures 1,512 square feet with a market value in the $200,000 range. The property market value adjustment from Dakota County lists that property at $173,900. The letter continued by stating that the proposed $8,950 special assessment must increase that townhome market value by 4.5% to be a legal assessment. It is believed by the association that the district court would use this property to determine the maximum uniform assessment for all properties levied. Ms. Walsh continued reading and the association believes that another legal option is to appeal based on the 29% of the proposed special assessment levy to the Victoria Townhome owners when they own only 3% of the total of the Victoria Road frontage. Another quote from the guide reads "Courts often uphold special assessments based on evidence from a city's qualified and licensed appraiser . . . However, in recent unpublished opinions, the appellate courts have routinely upheld decisions that went against the city because the district court found a lack of adequate evidence of a market value increase equal to or exceeding the amount of the special assessment." Ms. Walsh read the remaining portions of the letter, which stated the associations understanding that the State of Minnesota, who owns approximately one-sixth of the Victoria Road frontage, would not be assessed. The letter assured the Council that the association would pursue appealing this assessment to district court. In regards to the State of Minnesota property, City Attorney Tom Lehman replied that the State of Minnesota can be assessed. However, the issue becomes whether or not the benefit applies to state- owned property. What the City has done in the past is to negotiate with the State with regards to what they would and would not pay with regards to an assessment. Councilmember Duggan asked what the outcome has been in some of those negotiations. Attorney Lehman answered that most of the time their understanding of the situation is that they have less of a benefit than most homeowners to the assessment, so it is not dollar for dollar. In his observances, the State has not said no to paying an assessment. Mayor Krebsbach asked what the City could anticipate in the terms of amount of frontage or footage they have along Victoria. Mr. Mazzitello replied that staff would have to make that calculation but under the City policy, it is a unit assessment. The assessment calculation would have to change to a frontage assessment. Based on preliminary calculations, if the City were to switch to a frontage assessment calculation each individual properties owner assessment would go up from the $8,950 proposed. The City assessed the State once, not on a right-of-way but on a lot that is owned by the State of Minnesota, and after two months they simply refused to pay. Mr. Ruzek further explained that if the City were to use a unit assessment, the property that the State has along Victoria Road is not a developable parcel; so they would not be benefiting from the project. From the county map, the property appears to be considered a right-of-way for Highway 110 and I-35E rather than a parcel. It is questionable whether or not the City would be able to assess it as a unit. Attorney Lehman explained that assessment calculations would have to be consistent so if they changed it for one they would have to change it for everybody; and it sounds that going to a frontage assessment would be more detrimental to the property owners than the unit assessment. Mayor Krebsbach requested an explanation of the cost of the Victoria Road project and how much the residents and everybody else in Mendota Heights are covering. November 19, 2013 Mendota Heights City Council Page 5 Mr. Mazzitello replied that the reconstruction of Victoria is estimated to be $2.1 million. Under City policy, 50% of that would be what would be eligible for assessment, or approximately $1.05 million. For the 59 units on Victoria, that assessment would be $17,872 per unit. The remaining 50% is already being paid for by the rest of the City of Mendota Heights. The $8,950 figure that staff proposed as a unit assessment represents 25% of the total construction costs. The rest of the City of Mendota Heights would be bearing the cost of the other 75% of the project. The street reconstruction project includes the road base, the road surface, curb & gutter, storm sewer, water main, and trail replacement. Ms. Nancy Stanton, 1713 Victoria Road, has lived at her residence for seventeen years. Her main concern is the widening of the street, parking, etc. making it so that people would drive even faster than they are now and that the parking would obstruct the view from her home. Mr. Ruzek shared an image of the proposed street location in front of Ms. Stanton's property and explained that the actual street edge would be two or three feet further away from her home. Mr. Ruzek then answered questions from Council on the general plan of the proposed project. Councilmember Duggan asked for a response from staff on a concern expressed by the owner of 1900 Victoria Road on the fact that they have repaved, on their own dime, their street area. Mr. Ruzek replied that the city views this area as a large private driveway, not as a public street. Councilmember Duggan asked if staff has done a traffic count for the area. Mr. Ruzek replied that since Victoria Road is a state aid route, the city is required to provide a traffic count on all state aid streets. Mayor Krebsbach noted that Lexington Townhomes and a portion of Eagle Ridge were assessed when Marie Avenue was done. She then asked about the Eagle Ridge driveway along Victoria Road. Mr. Ruzek replied that Eagle Ridge Drive is not a driveway, it is a public street that was reconstructed last summer and Eagle Ridge Condominiums were assessed at that time. Ms. Walsh returned to the podium and stated that the issue that has not been addressed is the benefit test. Mayor Krebsbach replied that the benefit test is a statute that the City would have to meet. Mayor Krebsbach requested an explanation of residents' rights, when the assessment hearing is, and when they have the right to appeal. City Attorney Tom Lehman explained that there are basically two hearings, the preliminary hearing which is being held currently, and the assessment hearing. At the assessment hearing, which residents would receive notice of, residents would have an opportunity to present any objections they may have to the actual assessment. Once that is done, then there are certain statutory guidelines that would need to be followed with regards to appealing it to the district court; and, if still unsatisfied, to the appellate court. Mayor Krebsbach, in response to the benefit test issue, asked for an explanation of when a property would need to show the increase in value by the assessment amount. Mr. Ruzek replied that there are appraisers available that can apply what a new street's value would be on a property, without the project even being constructed. Mr. Mazzitello stated that two years ago there was a property appraised for post construction benefit. That assessment value was $8,500 on a reconstruction project. The appraiser determined that the value to the property over the life of the project was greater than the amount assessed. The City has tried to keep the assessment amount on reconstruction projects in the same November 19, 2013 Mendota Heights City Council Page 6 ballpark from project to project, knowing that is what the appraiser came back with two years ago. The `life of the post - construction project' would be approximately 20 — 25 years. Councilmember Duggan also pointed out the assessment on this project, according to the figures given, is at 25% of the total project; but the total project would be reflected in increased value — not just the 25 %. The property would be looked at what the value is today, and then what it would be worth with the entire project being done — at the full cost, which is 100% and the owner is only paying 25% of the cost. Ms. Walsh then shared comments from Ms. Ingrid Mattson, 2005 Victoria Road, who was not able to attend the meeting. Ms. Mattson stated that she attended the last two meetings where the topic was focused on the Victoria Road improvements and assessments and expressed her appreciation to the City for keeping the residents informed. Everything was clearer to her after attending the meetings. Ms. Mattson expressed that Victoria Road is a long road with different structural requirements due to the fact that part of it is flat and part of it is hilly, etc. She fears that the City is painting the plans for this road with one brush rather than taking into consideration the variations. She would rather keep it simple and less costly by just repaving the road. However, she now has an appreciation for the structural work that is needed. Therefore, she supports the City's proposal to dig up the water mains, etc. Ms. Mattson understands the reasons given for the curbs, although she believes they have been used more as a marketing tool to buy into this project rather than a necessity. She is concerned about the parking situation. She requested that curb be installed only on the resident side of the road, leaving the State - owned side curbless so people can park on the shoulder. Ms. Mary Weinberger, 1814 Victoria Road South, asked if Victoria is a state road. Mr. Mazzitello explained that Victoria Road is a city street that was taken from Dakota County. Victoria Road is one of Mendota Heights' municipal state aid streets, so the City receives money from the Department of Transportation to help maintain and rebuild Victoria. That has been reflected in the funding table. Ms. Weinberger also asked if there has been any reduction in the grand plan. Mr. Mazzitello replied that the city is looking at shortening some of the parking lanes because residents expressed concern about having that wide piece of pavement in front of their property; parking desires have also been mentioned in this public hearing. Staff intends to have a second neighborhood meeting to go over specific issues in front of each individual's property to make sure staff is addressing all issues the best that they can. Then staff would incorporate a final design before the bidding process in the April to May 2014 timefrarne. Ms. Weinberger requested that the Council take into consideration the concerns that the residents have. Mr. Fred Wysoki, 1900 Victoria Road South, and head of the townhorne association, stated that he counted 46 homes to Marie Street, and 16 homes from Marie to Caren. He believes they have different needs than the townhomes and referenced the options given at the November 5 meeting. As clarification, Mr. Mazzitello shared what those options would be: 1. Do nothing 2. Do the Rolling Green rehabilitation section only 3. Do the Rolling Green rehabilitation section and North Victoria (Maria to Lilydale border) reconstruction 4. Do the Rolling Green rehabilitation section and South Victoria reconstruction 5. Total build (all of Victoria and the Rolling Green rehabilitation sections) November 19, 2013 Mendota Heights City Council Page 7 Mr. Wysoki referenced option 3 and stated that he has spoken to the 46 homes and they are not interested in the reconstruction. He requested that staff do another survey of the residents, with the project costs included, and see how people respond. Mayor Krebsbach stated that the survey is a piece of information but as a Council, they have to weigh all information and plan for the future. Mr. Wysolci also mentioned that some of the residents of the townhomes are on fixed incomes, have low paying jobs, or no jobs. An assessment of this size could be a very huge burden for there. Finance Director Kristen Schabacker, at the request of Mayor Krebsbach, explained the option to defer the assessment. Mr. Tony Ruiz, 1775 South Victoria Road, stated that he has six blue spruce evergreens that are approximately 35 feet high and asked how the excavation would affect the roots of those trees. Mr. Ruzek replied that he did not anticipate a major impact to the roots of the trees. However, if they are in the City's right -of -way, the City would have the right to remove them. However, he did not anticipate any impact to the trees. Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) Mayor Krebsbach asked the Councilmembers to state which option they would like to see happen. Councilmember Povolny liked option 3 (the Rolling Green rehabilitation section and North Victoria (Maria to Lilydale border) reconstruction) in 2014 because it would split the project and not be such a congestion of construction on Victoria and Rolling Green. Mayor Krebsbach asked what the cost would be if the City only did the rehabilitation of Rolling Green and what would happen to the material if it was not used as fill on Victoria. Mr. Mazzitello replied that the preliminary cost estimate on the Rolling Green rehabilitation would increase by approximately $25,000 in disposal fees for the milling, and then staff would have to purchase approximately $165,000 worth of fill for the north portion of Victoria Road. Councilmember Norton stated that he would agree with option 3. Mr. Mazzitello explained if Council follows the recommendation of staff and orders the design of the entire project, staff would design the full Victoria Road reconstruction and the Rolling Green Neighborhood rehabilitation; however, they would only bid those portions that Council would instruct them to bid. By doing so, if the remaining portions were done in 2015, the feasibility report currently before the Council would be binding — and the assessments would be capped at $8,950 per unit. If the Council would decide to not abide by that feasibility study in a future year, staff would start from scratch with a new feasibility report and public hearing and recalculate any remaining portion of the proj ect. Novenzber 19, 2013 Mendota Heights City Council Page 8 Councilmember Norton moved to adopt RESOLUTION 2013 -96 RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308) AND DIRECTED STAFF TO BRING FORWARD FOR BID THE ROLLING GREEN REHABILITATION AND NORTH VICTORIA ROAD PROJECT AS DESCRIBED UNDER OPTION 3. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) UNFINISHED AND NEW BUSINESS A) CONSIDERATION OF PARKS AND RECREATION COMMISSION RECOMMENDATION FOR OFF -LEASH DOG PARK AREA TRIAL PERIOD AT WENTWORTH AND MARIE PARKS Recreation Program Coordinator Sloan Wallgren gave a brief background on this topic by explaining that the current city ordinance requires that if a dog is off of the owner's property, they are to be on a leash no longer than six feet at all times; or could be off -leash if they are inside of the owner's vehicle. The idea of having off -leash dog areas at the hockey rinks was reintroduced to the Parks and Recreation Commission in July 2013. The Commission directed staff to research the topic and it was brought back to the Commission in August 2013. At that time, the Commission made a recommendation to the City Council to consider a trial period at Wentworth and Marie Park for off -leash dog areas inside of the hockey boards. The trial period would be from May 1 to October 1 during which time there would be signs outlining owner expectations and rules and a place inside of the hockey area for owners to leash and unleash their dogs to mitigate risk of dogs running outside of the hockey area. The motion also stipulated that all dogs must be registered with the City of Mendota Heights and that feedback would be provided to the Council afterwards. In October 2013 a letter was sent to residents surrounding Wentworth and Marie Park requesting their comments. Responses were included in the Council packet. Points in favor: owners want a place for their dogs to run and get some exercise as many live in condominiums or townhomes without areas to exercise; many people believe it is a great opportunity for neighbors to socialize and get to know each other Points against: concern of property values declining; safety of children at and around the park; noise levels or cleanliness; number of people and /or dogs that would be coining to the facilities. Mayor Krebsbach asked to what extent is the issue of dogs in Marie Park, or any other park, being off of their leashes outside of the hockey rink. Chief Aschenbrener replied that very few complaints were received regarding Wentworth; however, at Marie Park they receive, on average, one to two complaints a day. Enforcement of pet licenses and animal control is not something the police department focuses on. He continued by stating that over the last several years, they have identified maybe one potentially dangerous or dangerous dog per year. He strongly urged the Council, should they decide to pursue this idea, to reconsider their expenditures on animal control in 2014 and look to go to an RFP to retain the service of someone to do enforcement activities around the parks in the future. November 19, 2013 Mendota Heights City Council Page 9 Chief Aschenbrener is not opposed to the City potentially opening a dog park but he is not in favor of using the hockey rinks as off-leash areas because of their proximity to playgrounds and trails. It is not a matter of whether or not the dogs are dangerous or potentially dangerous, it is the perceptions that people who are not dog owners have. He requested that the Council be thoughtful of the decisions they would make and the impacts upon worldoads, staffing, and complaints. Councilmember Povolny suggested, as mentioned to him by Councilmember Petschel, that a fenced area be created by the water tower. There are no parks there, no children playing, and residents can park on the street by the City Public Works building. It would be a wise investment and would accommodate the dog owners. Councilmember Norton echoed Councilmember Povolny's comments and also stated that the area could then be available year-round. Councilmember Duggan stated that he would support a dog park in Mendota Heights but he would not support it at Wentworth or Marie Park and gave his reasons. Mayor Krebsbach stated that the Council is committed to having a dog park and recommended that a decision on the location and criteria for it be made by February 2014; but that it would not be at a hockey rink. B) ORDINANCE 457, AMENDING PERMITTED AND CONDITIONAL USES IN THE INDUSTRIAL DISTRICT, OUTDOOR STORAGE AND LANDSCAPE AND BUILDING DESIGN AND CONSTRUCTION, PLANNING CASE 2013-17 Planner Nolan Wall explained that the applicant, Southview Design, Inc., has applied for code amendments to allow outdoor storage in the industrial zone to enable them to construct a new corporate headquarters on their desired site, which is zoned I-Industrial. Currently, the industrial district does not allow for landscape companies or the related accessory outdoor storage. Staff developed a draft code amendment with conditions that would apply specifically to this use and would not be applicable across the entire industrial zone. The intent would be to open the door • as narrowly as possible to accommodate this use. The draft amendment includes two parts: 1. Creating landscaping and building design and construction as a permitted use within the industrial district. 2. Allowing outdoor storage and display of materials and equipment accessory to landscaping and building design and construction as a conditional use, subject to a number of conditions. Mr. Wall gave a synopsis of the conditions. The Planning Commission conducted a public hearing at their October 22, 2013 meeting and they recommended approval of the draft ordinance. Councilmember Duggan asked questions regarding fencing and screening of the display and storage areas. City Engineer John Mazzitello answered that the industrial zone has a different height restriction for fencing than residential and, without having the code book in hand; he believed it would be eight feet. Councilmember Duggan requested that the word 'completely' be removed from the screening language. After discussion this was agreed to by staff. November 19, 2013 Mendota Heights City Council Page 10 The owners of Southview Design, Inc. were present and answered general questions from Council regarding their business and headquarters plans. Councilmember Duggan moved to adopt ORDINANCE NO. 457 AN ORDINANCE AMENDING SECTION 12 -1G OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, BY AMENDING THE PERMITTED AND CONDITIONAL USES IN THE I, INDUSTRIAL ZONING DISTRICT, PROVIDING FOR OUTDOOR STORAGE AND DISPLAY AS AN ACCESSORY USE TO LANDSCAPE AND BUILDING DESIGN AND CONSTRUCTION BUSINESSES, to include the following new listings: 1. "Landscaping and Building Design and Construction" as a permitted use. 2. "Outdoor Storage and Display of Materials and Equipment Accessory to landscaping and Building Construction" as a conditional use subject to the following conditions: A. The site shall be occupied by a principal building of no less than 15,000 square feet. B. All storage and display is located in the rear yard or side yard of the property and behind the front building line of the principal building, and shall not be located in a yard that abuts any local public street. C. No storage and display shall be located on any parcel that abuts residentially zoned property. D. The storage and display area shall not be open to retail sales, and shall be utilized only for stock and supply for clients of the landscape or building construction business. E. All storage and display is located on paved surfaces. F. The storage and display area shall occupy no more than 60% of the total lot area. G. The storage and display area shall be setback from all lot lines no less than 10 feet. H. The storage and display area shall be completely screened from surrounding property by fencing, walls, and /or landscaping. I All storage and display shall be located under three -sided covered structures, with the exception of landscape plant materials and trucks or equipment shown on a specific and detailed site plan. J. Trucks and equipment kept within the storage and display area shall be located within designated striped parking spaces and shall not be used for storage. K. Fencing utilized for screening purposes shall be constructed of wood or other materials as approved by the City Council. L. Circulation and water service on the property shall meet the requirements of the City's Fire Chief for access and fire protection. M. Covered structures used to protect stored materials or equipment shall meet the following requirements: 1. Structures greater than eight feet in height shall be designed and constructed of materials consistent with the requirements of Section 12 -1 D -13 -2 of this Code. 2. Structures of eight feet in height or less may be constructed of alternative materials as approved by the City Council, provided such structures are not visible from surrounding property or public streets. 3. All structures shall comply with applicable Building and Fire Codes. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) November 19, 2013 Mendota Heights City Council Page 11 C) DISCUSSION OF WARRIOR DRIVE PARKING This topic was added to the agenda at the request of Councilmember Duggan. City Engineer John Mazzitello explained that at a previous council meeting, the City Council directed the Traffic Safety Committee to research the issue of parking along the east side of Warrior Drive. The Council adopted a resolution and sent it to the school district asking them to address the problem as perceived by the residents. Other than the striping of the athletic field lot on the southeast corner of the Henry Sibley property and a small reduction in the number of cars parked on Warrior Drive, the issue remains ongoing. Councilmember Norton commented that the `small reduction', from the ancillary accounts he has heard, is one or two cars that are using the newly striped parking lot. He questioned the expense of striping the lot. Councilmember Duggan stated that there was some indication that the school district has provided the added parking. He has driven by a number of times, and on the day of this meeting, and there were two cars parked in the lot and fifty-two to fifty -four cars parked along Warrior Drive. So there has not been much relief provided to the residents who raised the concern. Rather than wait until January for an update he made the following motion: Councilmember Duggan moved that the City of Mendota Heights declare and post Warrior Drive as a no parking area during school hours. Councilmember Norton asked if the cul -de -sacs of Sibley Court and High Ridge Circle be included in the motion. Councilmember Duggan replied in the affirmative. Councilmember Norton seconded the motion. Councilmember Povolny agreed that something should be done about the parking on Warrior Drive; however, he believes that the parents of the kids who go to school there need to deal with the school district because it is unfair that the district is charging kids to park in a lot that was paid for by the taxpayers. He also believes that putting up no parking signs puts an unnecessary burden on the kids who cannot afford to pay to park in the parking lot. He also stated that he believes this should be decided at the beginning of the next school semester. Mayor Krebsbach stated that she would be in favor of no parking on Warrior Drive but would not support the motion made this evening because the Council does not spring things on the citizens. It needs to be on a published agenda. She also believes there are a few points that need to be worked out before a decision is made. There being no further discussion, Mayor Krebsbach called for the vote: Ayes: 2 Nays: 2 Absent: 1 (Petschel) The motion did not carry. Councilmember Norton requested that the Council direct staff to look at this issue and to come forward with options and costs for Council to consider. November 19, 2013 Mendota Heights City Council Page 12 COMMUNITY ANNOUNCEMENTS Planner Nolan Wall, standing in for Assistant City Administrator Tamara Schutta, made the following announcements: • City Hall will be closed Thursday, November 28 and Friday, November 29 to observe Thanksgiving; reopening on Monday, December 2 at 8:00 a.m. • Holiday Tree Lighting at Mendota Plaza, between 6:00 and 7:00 p.m., Thursday, December 5 • Tree Lighting at The Village, between 4:00 and 8:00 p.m., Saturday, December 7 • Mendota Heights Police Department and City Hall will be drop off points for Marine Toys for Tots Program, 8:00 a.m. — 4:30 p.m., Monday through Friday, through December 20 • Recycling During the Holidays Promotion, allows residents to drop off holiday lights, November 15 to January 31; there is a bin located outside of City Hall • Winter Parking reminder; no parking is allowed on any Mendota Heights street between the hours of 2:00 a.m. and 6:00 a.m., started November 1 and runs through March 31, 2014. Parking is also limited to no more than thirty minutes during a snow fall of two -plus inches and during the plowing of snow. Ms. Theresa Cosgrove, an employee of NDC4 /Town Square Television, announced that on Wednesday, November 20, they will be celebrating their 25th anniversary of serving the cities with their television broadcasting. The event will be held from 4:30 p.m. to 7:30 p.m.; with the ribbon cutting at 5:30 p.m. Food and beverages will be served. COUNCIL COMMENTS Councilmember Norton wished his wife a Happy Birthday. Councilmember Povolny revisited the discussion of parking at Henry Sibley High School by restating that he believes the parents and the students need to contact the school and help them make the decision to fix the parking problem on Warrior Drive before the Council does by adjusting the fees or adjusting the parking situation. The City of Mendota Heights cannot do it themselves. Councilmember Duggan stated that he had four things to mention: 1. The Fire Department had a terrific dance and a great turnout at the weekend event. 2. There is a great idea going around about shopping locally, especially on the Saturday after Thanksgiving. He encouraged all residents to shop locally all weekend. 3. He asked Chief Aschenbrener to verify whether or not the City had a reward program that might be a great opportunity for people who want to make a charitable donation to the City through the Police Chief and the Police Department. Chief Aschenbrener replied that the City does have a Mendota Heights Community Criminal Apprehension Fund. The Police Department posts rewards on Facebook and Twitter, or residents could go to the Northern Dakota County Crime Blog, to view still pictures or videos of suspects. Residents can, if they wish, redirect the reward they would receive to the Apprehension Fund. 4. In regards to Henry Sibley, the Pioneer Press stated the school has raised over $600,000 for local charities over the last 50 years. In 2013, they raised over $32,000 through fundraising events. November- 19, 2013 Mendota Heights City Council Page 13 Mayor Krebsbach expressed her appreciation to the Police Chief and the Police Department for their dedication and for the award ceremony and for recognizing the Chaplains. She thanked the Councilmembers for investing all of the time they have in the issues before the Council. Mayor Krebsbach also commented on the ribbon cutting for a new business in The Village called Apricot Lane Boutique. It was also great to see lots of people at Mendoberri Cafe and Wine Bar when she and her husband were there. She also expressed her appreciation to staff for the very thorough work they do and the response they give to the Council with information so they can make decisions. Councilmembers wished everyone a very happy and safe Thanksgiving. ADJOURN Councihnember Duggan moved to adjourn. Councihnember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) Mayor Krebsbach adjourned the meeting at 10:09 p.m. Lorri Smith City Clerk November 19, 2013 Mendota Heights City Council Sandra Krebsbach Mayor Page 14