Loading...
2014-07-15 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 15, 2014 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 presented the agenda for adoption. Councilmember Duggan noted that item ff, had been withdrawn and item h. had been modified. Councilmember Povolny 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 e) Approval of Time Change for August 5th City Council Meeting, g) Approval of Resolution 2014-43 Honoring Eunice Diedrich, and h) Approval of Personnel Action Report. a. Approval of July 1, 2014 City Council Minutes b. Acknowledgement of July 8, 2014 Parks & Rec Commission Minutes c. Acknowledgement of July 9, 2014 Airport Relations Commission Minutes d. Receipt of May 2014 Fire Department Synopsis Report e. Approval of Time Change for August 5th City Council Meeting due to Night to Unite f. (Withdrawn) g. Approval of Resolution 2014-43 Honoring Eunice Diedrich h. Approval of Personnel Action Report July 15, 2014 Mendota Heights City Council Page 1 i. Receipt of June Par 3 Report j. Approval of Claims List k. Approval of Contractors List 1. Approve Building Activity Report June 2014 Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM E) APPROVAL OF TIME CHANGE FOR AUGUST 5TH CITY COUNCIL MEETING DUE TO NIGHT TO UNITE City Administrator Justin Miller explained that August 5, 2014 is National Night to Unite, which is an opportunity for neighborhoods to get together and invite police, fire and other city representatives to their gatherings. Historically, the City has moved the Council meeting time back to 8:00 p.m. to allow City Council and staff time at those parties if they so wish. Councilmember Petschel moved to approve changing the time of the August 5th city council meeting to 8:00 pm. Councilmember Duggan seconded the motion. Ayes: _ 5_ Nays: 0 G) APPROVAL OF RESOLUTION 2014-43 HONORING EUNICE DIEDRICH Councilmember Petschel described Ms. Eunice Diedrich as a long-time resident of the city of Mendota Heights. She recently celebrated her 100th birthday. She has lived in her home, which she and her husband built, since 1932. She is a delightful woman and the City is proud to have her as a resident. Councilmember Petschel will have the resolution framed and present it to Ms. Diedrich. Councilmember Petschel then read the resolution. Councilmember Duggan moved to adopt RESOLUTION 2014-43 A RESOLUTION HONORING MENDOTA HEIGHTS RESIDENT EUNICE DIEDRICH ON HER 100TH BIRTHDAY. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 H) APPROVAL OF PERSONNEL ACTION REPORT Councilmember Duggan asked staff to explain the revisions made to the Personnel Action Report. City Administrator Justin Miller replied that staff had an opportunity to interview Mr. Cliff Kirchner for the open Parks Maintenance position and is pleased to recommend him for hire in that position. This move would leave his current position as a mechanic open and staff requested authorization to begin the recruitment process to fill that position. .July 15, 2014 Mendota Heights City Council Page 2 Mayor Krebsbach also noted that effective July 1, 2014, Ms. Tamara Schutta successfully completed her one-year probationary period for her promotion to Assistant to the City Administrator/HR Coordinator. Mayor Krebsbach mentioned the Personnel Action Report from the July 1, 2014 Council meeting and requested an explanation of that as well. Administrator Miller described the domino effect that has occurred in the Public Works Department with the retirement of Mr. Tom Olund. Mr. Tom Olund, Superintendent Public Works — retired; Mr. Terry Blum was promoted to Superintendent Public Works; Mr. John Boland was promoted to Parks Superintendent; Mr. Cliff Kirchner, promoted to Parks Maintenance; there is now an open Mechanic position. Councilmember Duggan moved to approve the actions as outlined in the Personnel Action Report with congratulations to all, but particularly to the staff for all of the work they have done over the years to enable the promotion of internal candidates. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were _no_public _comments._ NEW AND UNFINISHED BUSINESS A) PLANNING CASE 2014-17, VARIANCE REQUESTS, 1704 VICKI LANE, NED RUKAVINA AND LESLIE PILGRIM, RESOLUTION 2014-39 (CONTINUED FROM JULY 1, 2014) Planner Nolan Wall recapped Planning Case 2014-17, variance requests from the front and side yard setback requirements to allow for construction of an addition to their single-family residential dwelling located at 1704 Vicki Lane. At the request of the applicant, this application was tabled at the July 1, 2014 Council meeting to consider new information. Planner Wall then shared the revised site plan received this day by staff and explained the changes as follows: ® The side yard encroachment would be decreased from 18 square feet to 6 square feet ® The front yard encroachment would be decreased from 204 square feet to 155 square feet ® The total encroachment for the proposed addition would be decreased from 222 square to 161 square feet However, it appears that the addition would still expand as much as 15 feet closer to the street. Planner Wall also noted that since these revisions were received this day, the dimensions have not been verified. The homeowner, Mr. Ned Rukavina, came forward and introduced his architect, Mr. Bill McCrum. He also noted that the neighbor, Mr. Joe Morgan, had also returned to this meeting. Mr. Morgan is supportive of the addition and variances. July 15, 2014 Mendota Heights City Council Page 3 Mr. Rukavina then recapped the different iterations to his plans and the challenges of each and ended with the current version. Councilmembers asked Mr. Rukavina questions regarding the number of car stalls and the dimensions of the addition. Councilmember Duggan expressed his appreciation for the changes made and his support of this application. Mr. Bill McCrum, 1133 Palace in St. Paul, introduced himself and answered questions from the Councilmembers regarding the location of the house in relation to the cul-de-sac, the reasoning behind the proposed remodel, and the size of the proposed encroachments. Councilmember Povolny reiterated his acceptance of the side yard setback request but not to the front yard setback request; mainly because of the precedent it would set. In response, Mr. McCrum shared his opinion on the hardship and justification for the variance request. Mayor Krebsbach asked Planner Wall for the validity of the submitted sketch. Planner Wall replied that the sketch was just received; staff needs to utilize the right-of-way records they have and any information submitted that is different from that needs to be considered and vetted. Staff has not had the opportunity to do that. In_regards _to hardship,_ Mayor _Krebsbach _stated that she is pleased that the homeowners want to remodel, however, it is not the Council's responsibility to accommodate in terms of cost. She believes the lot presents a problem and asked for the opinion of City Attorney Tom Lehmann. Counsel Lehmann replied that by granting the variance it is unique and specific to this property; however, it applies then to any other applicant who comes before the City looking for a variance. That is why the law has three objectives that need to be met, with the second one being the most difficult to meet —the applicant is required to establish that there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property that are not created by the applicant. Ultimately the granting of variances destroys the rule — if variances keep being granted then there is no rule. Mayor Krebsbach then asked how the house being positioned on the left side of the lot is a hardship for any kind of addition that would be on the left. Counsel Lehmann replied that the difficulty or hardship comes into play when an applicant looks to add on — it is the next addition that needs to have a hardship created. This is not the case because the applicant is creating the hardship because they want to fit something onto the property that will not fit, not that the land created the hardship, there are other practical ways to work around it. Councilmember Norton stated, based on the variance criteria required to be met, he does not believe the practical difficulties or hardship criteria has been met. Councilmember Duggan shared his opinion that the size and location of the home on a cul-de-sac does present a practical difficulty. He viewed the addition proposed as very reasonable in the neighborhood, very practical from the point of view of the light to the back, adding on to the right side of the home does not make sense and would destroy the property. From the point of view of practicalities, the shape of a lot on a cul-de-sac is a huge challenge. He would support the granting of the variances as presented. July 15, 2014 Mendota Heights City Council Page 4 Councilmember Norton requested an articulation of the practical difficulties on the lot that would enable the Council to approve the variances. Mr. McCrum explained that the back yard is a pristine private space and is not huge. They were reluctant to push the building to the backyard. [At this point, Councilmember Povolny presented a sketch to Mr. McCrum that he drew of what could be done without involving a variance] Mr. McCrum designs with a `sense of space', spaces that can be lived in. The space has to do with the scale, the finishes, and in this case the backyard being treated like an additional living space. Councilmember Norton reiterated that he would like to hear more about the basis for a practical difficulty. The idea that the yard is a living yard does not play into the granting or denial of a variance. Mr. Rukavina stated that the practical difficulty is the original placement of the house and then trying to create an addition that is cost effective. Councilmember Norton inserted at this point that economic factors are not a practical difficulty. City Attorney Tom Lehmann confirmed. Councilmember Norton asked, given the change that has been presented to the application, the lack of vetting on the actual size of the encroachment does the Council have something upon which they can vote. Planner Nolan Wall replied that regardless of the new design, staff's recommendation still stands that the front yard encroachment is excessive and does not comply with the variance requirements. To the extent that the Council may want to consider approval then staff would want to verify what the measurements are. Mayor Krebsbach noted that she was inclined to support the application; however, as the two points have been made in terms of preserving the back yard and economic challenges — anyone can present that as a practical difficulty for why they would need to have a variance. She would not be in support of the variance requests. Councilmember Petschel stated that she would be comfortable with the small side yard encroachment but is not convinced of the practical difficulty for the front variance. She applauded the aesthetics they want to create but an aesthetic cannot drive a practical difficulty. She is not convinced of the practical difficulty and would not support this application. Ms. Leslie Pilgrim came forward and shared her reasons for needing her studio to be located as outlined in the application. As a professional artist she needs natural lighting and ventilation; this space would give her that. Also, the other remodeling plans would enable continued living in the home as they age. City Attorney Tom Lehmann stated that he believed that Council had enough information that if they wanted to vote on the application, they could do so. The issue as to the amount of the setback encroachment does not seem as important as to the idea that it is encroaching on the setback and the idea that there is no showing of a practical difficulty, which is required by law. Councilmember Norton asked if the Council could table this application again. Planner Wall replied that the 60 -day would run out on August 3, 2014 and the next Council meeting is scheduled for August 5, 2014. However, it could be extended by another 60 days with a notice to the applicant. Mayor Krebsbach asked if there was any interest by the Council to table this application and extend it another 60 days. July 15, 2014 Mendota Heights City Council Page 5 Councilmember Duggan moved to table the variance requests for construction of the proposed addition within the front and side yard setbacks. Mayor Krebsbach seconded the motion. Councilmember Norton asked if the application were to be denied, would there be a time limitation on when the applicant could resubmit a revised application. He was informed that Council could waive that time limitation and the applicant fee for resubmittal. Ayes: 3 (Duggan, Norton, Krebsbach) Nays: 2 (Petschel, Povolny) B) PLANNING CASE 2014-13, VARIANCE AND WETLAND PERMIT REQUESTS, 677 4TH AVENUE, KEN AND MARY KAY NOACK, RESOLUTION 2014-38 (CONTINUED FROM JULY 1, 2014) Planner Nolan Wall recapped Planning Case 2014-13, which includes a lot split, a lot width variance, a detached garage size variance, and a wetland permit. The subject parcel is located at 677 4th Avenue and owned by Ken and Mary Kay Noack. If approved, the applicant intends to construct a single-family home on the newly created parcel. The subject parcel was formally two parcels containing two single- family dwellings. Thelotswere combined in order to facilitate demolition of the home on the original lot in 2010. The reason for combining the lots at that time was based on the fact that the house was being demolished and the existing detached structure could not exist on a lot without a principal structure. The existing detached garage variance request is due to the fact that this building exceeds the newly adopted allowable square footage, which is based on lot size. Therefore, any configuration or scenario of subdividing this lot would require a variance for this structure to remain on either lot. In addition, the subject parcel is within 100 feet of a wetland or water resource related area. Therefore, if approvals for the subdivision and variance requests were granted, a wetland permit would be required before construction of the new dwelling is allowed. Planner Wall then explained the lot split request would create two lots from the original 1.19 acre subject parcel; Parcel A would be reduced to approximately 0.76 acres, and Parcel B would be approximately 0.43 acres. The subdivision ordinance allows a subdivision of parcels provided that the resulting lots are in compliance with the requirements of the applicable zoning district. Both parcels meet the R-1 district lot size and setback standards. Parcel B is proposed to be 70 feet wide, which does not meet the 100 foot standard for the R -I district and requires a variance. In order to meet the setback requirement and to keep the existing garage a 70 foot wide lot is required and the non-compliance lot line is gone as they have extended that all the way to the north. Planner Wall explained the standards of review that would apply to a lot size variance request and noted how the application met or did not meet those standards of review. Specifically to the lot width variance request, Councilmembers asked questions regarding the setback from the existing garage to the proposed Lot B, this request being specifically made due to the owners July 15, 2014 Mendota Heights City Council Page 6 wish to retain the detached garage, the history of the property and the buildings, and whether or not the existing garage could be grandfathered in since it existed before the new garage ordinance was adopted. Planner Wall reviewed the detached garage size variance request and the standards of review for consideration. The garage, based on the current lot configuration, is a legal non -conforming structure due to the subject parcel not exceeding 1.5 acres. Councilmember Duggan interjected that initially this was two lots owned by the same family. They decided to remove the home but had to combine the lots to prevent the garage from being on a lot without a principal structure. If they had known at the time that the garage ordinance was going to be changed, they probably would not have done that. Now they are looking to re -divide so that a family member could continue to live on the family property. Councilmember Duggan would be in support of this application. Mayor Krebsbach asked for confirmation that the proposed lot split is what the owners would prefer. Planner Wall confirmed and stated that it is based on their desire to have the existing garage remain on a parcel that includes the existing home; not on a newly created parcel. Mayor Krebsbach asked for confirmation that no flag lot would be created; which was confirmed by Planner Wall. Councilmember Povolny asked how many 70 foot lots currently exist in the area. Planner Wall indicated that there are 30 lots in the area that are under the required 100 feet. Of those 30, nine are 70 foot wide or less. Planner Wall then reviewed the third piece of this request, the wetland permit. Staff had no issue with allowing the wetland permit. In summary, staff recommended approval of Resolution 2014-38, which is actually a denial of the entire application request based on the Findings of Fact. An alternate resolution for approval of the entire application request was also provided to the Councilmembers, based on the Findings of Fact with Conditions. Councilmember Petschel made the observation that this has been a unique piece of property with some historical significance. She stated she feels the 70 foot lot width is within the character of the neighborhood. Mayor Krebsbach asked about the size of the building pad. Planner Wall replied that the plan indicated a 48 foot by 55 foot building pad. A single family dwelling with an attached garage could be located somewhere within that building pad and meet the setback requirements. Upon request by Councilmember Duggan, Mr. Ken Noack, 677 4'h Avenue, explained that the practical difficulty with the variance is where the garage is located; it cannot be moved and it cannot be downsized. That played into the necessity for the 70 -foot lot width request. Councilmember Duggan moved to approve RESOLUTION 2014-38 (ALTERNATE) RESOLUTION APPROVING A LOT SPLIT, LOT WIDTH VARIANCE, DETACHED GARAGE SIZE VARIANCE, AND WETLANDS PERMIT based on the following Findings of Fact and Conditions as stated in the resolution. July 15, 2014 Mendota Heights City Council Page 7 Councilmember Petschel seconded the motion. Councilmember Petschel noted as a point of clarification as opposed to the previous request for a variance where the Planning Commission voted unanimously against granting the Rukavina variance, this was a split vote by the Planning Commission and there was some sympathy for the Noack request. Councilmember Duggan asked, in relation to the fourth condition, if a park dedication fee had been paid when the original farmhouse was built. City Administrator Justin Miller replied that a park dedication fee is due because they are creating a new lot. It is a statutory fee. Councilmember Duggan then asked if there should be some clarification in condition six that this is a pre-existing condition in relation to the variance. Planner Wall replied that the sentence states is it an `existing' condition. Ayes: 5 Nays: 0 Councilmember Duggan suggested that the City consider placing a plaque on the garage indicating its prior use as a place to store fire trucks. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: s The Mendota Heights Moms Club donated and planted a tree at Valley View Heights Park. It was planted in loving memory of Alex Reed, a brother of one of the moms. ® The next Concert in the Park is taking place on Wednesday, July 16, at Market Square with a performance by Twin Cities Show Chorus. ® The next field trip is on Thursday, July 24, going to the Edina Water Park. ® Night to Unite is Tuesday, August 5. Neighborhoods have until July 25 to register their event. ® The Primary Election is Tuesday, August 12. Residents can now absentee vote if they cannot make it to the polls on August 12. Applications to absentee vote can be found online or stop by City Hall. Voters have until July 22 to preregister to vote. ® TK's 6t" Annual Coffee event to benefit the West St. Paul K-9 Unit; silent auction and music; will be on Saturday, July 19. COUNCIL COMMENTS Mayor Krebsbach asked Sergeant Eric Petersen to come forward. She noted that on June 28 there was vandalism in a quadrant of the City. The Mayor and Council take acts of vandalism very seriously and they sympathize with the victims of those acts. Sergeant Petersen updated the Council on the status on the investigation. He also noted that there had been 15 separate reports in the area located north of Highway 110, west of 35E, south of Highway 13, and east of Lexington. A reward of $500 [which has now been increased to $1,000] has been offered by the Mendota Heights Community Criminal July 15, 2014 Mendota Heights City Council Page 8 Apprehension Fund. Some of these have been classified as Biased Motivated crimes. Tips have been received and are being investigated. Councilmember Petschel noted that in the past, when a resident would hear the weather siren go off, they could turn on channel 101 and access the Dakota County Comcast Weather Scan. Comcast has cancelled that channel. She feels that this action by Comcast needs to be addressed. She asked Councilmember Duggan, as the City's cable liaison, to have the group bring some pressure to Comcast to reinstate channel 101. Mayor Krebsbach requested that staff provide an update as to where Comcast is with the cable franchise agreement. Councilmember Petschel reminded residents that on July 29 the MAC Noise Staff will be in the City Hall Chambers for a listening session, beginning at 7:00 p.m. She requested staff to run this information on the City's Facebook page and to post it in the local newspapers. She also expressed her appreciation to the Police Department for placing the speed cart on Decorah. The Airport Relations Commission had a productive visit to the tower to see air traffic control in action. Councilmember Duggan noted that the school district will provide for transportation for students from the Copperfield and Friendly Hills area to Sibley High School. He also asked if staff would consider sending a letter to those private homeowners on the bluff lines, in relation to all of the challenges, about the upcoming meetings and discussions by the DNR. City Administrator Justin Miller replied that the DNR has been in the process for the last couple of years of establishing new rules along the Mississippi Corridor. It was his understanding that the DNR is sending notices out to everybody along the bluff line. He agreed to put the dates and locations on the City's website. Mayor Krebsbach stated that she was privileged to welcome the kids to the 3 -day Safety Camp at Kaposia Park. There were approximately 40-50 kids there from Mendota Heights. There were also kids there from West St. Paul and South St. Paul. Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 July 15, 2014 Mendota Heights City Council Page 9 Mayor Krebsbach adjourned the meeting at 9:00 p.m. andra Krebsbach Mayor .1 . ATTEST: Lorri Smith City Clerk July 15, 2014 Mendola Heights City Council Page 10