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1991-05-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MAY 28, 1991 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 28, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Dwyer called the meeting to order at 7:30 o'clock P.M. The following Commission members were present: Dwyer, Dreelan, Duggan and Tilsen. Commissioner Krebsbach had notified the Commission that she would be attending the meeting late. Commissioners Koll and Friel were excused. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Duggan moved approval of the April 23, 1991, Minutes. Commissioner Dreelan seconded the motion. AYES: 4 NAYS: 0 CASE NO. 91-13: GREGOIRE - WETLANDS PERMIT Mr. John Gregoire, of 2452 Pond Circle East, was present to discuss his request for a Wetlands Permit in order to construct a deck in the rear yard of his home to within seventy-five feet (75') of the Wetlands. Mr. Gregoire explained that the proposed deck will be an open deck and that very little foliage will be removed. Commissioner Duggan questioned the accuracy of the setback measurement on the site plan. He stated that he would like to see the City staff verify the setback measurements. Chair Dwyer noted that Mr. Gregoire has received signatures of consent from his surrounding neighbors. Commissioner Duggan moved to waive the public hearing. Commissioner Dreelan seconded the motion. AYES: 4 NAYS: 0 AYES: 4 NAYS: 0 CASE NO. HAGSTROM WETLANDS AYES: 4 NAYS: 0 AYES: 4 NAYS: 0 May 28, 1991 Page 2 Commissioner Duggan moved to recommend that the City Council grant the requested Wetlands Permit subject to City staff verification of the setback measurement of seventy-five feet (75'). Commissioner Dreelan seconded the motion. 91-14: PERMIT Mr. Gary Hagstrom, of 2249 Pond Circle West, was present to discuss his request for a Wetlands Permit to allow construction of a deck 73.5 feet from the Wetlands in his rear yard. He explained that the proposed deck will be a two level deck. Chair Dwyer stated that Mr. Hagstrom has received signatures of consent from his surrounding neighbors. Commissioner Duggan moved to waive the public hearing. Commissioner Dreelan seconded the motion. Commissioner Duggan moved to recommend that the City Council grant the requested Wetlands Permit to allow construction of a deck within 73.5 feet of the Wetlands. Commissioner Dreelan seconded the motion. CASE NO. 91-16: SKAR - WETLANDS PERMIT Mr. Duane Skar, of 2491 Pond Circle West, was present to discuss his request for a Wetlands Permit to allow construction of a five foot (5') vinyl clad chain link fence which will enclose his rear yard. He explained that the proposed fence will be within thirty-three feet (33') of the Wetlands and will not be located within the scenic easement. He further explained that his rear yard abuts the Hagstrom-King Park and that a fence would help protect his property and children from the public park. He further stated that the visual impact of the fence will be minimal. May 28, 1991 Page 3 Chair Dwyer stated that Mr. Skar has received signatures of consent from his surrounding neighbors. Commissioner Tilsen stated that he does not like fences and that a fence should not be used to supervise children. He stated that children can climb fences. He questioned if any vegetation will be destroyed. Mr. Skar responded that he realizes that a fence should not be used to supervise children, but that his property does abut a public park and that he feels it would be in his best interest to erect the fence. He stated that no vegetation will be destroyed. Commissioner Duggan moved to waive the public hearing. Commissioner Dreelan seconded the motion. AYES: 4 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant the requested Wetlands Permit to allow construction of a five foot (5') vinyl clad chain link fence within thirty-three feet (33') of the Wetlands. Commissioner Dreelan seconded the motion. AYES: 4 NAYS: 0 CASE NO. 91-15: MARVIN H. ANDERSON CONSTRUCTION - WETLANDS PERMIT Mr. Fred Haas, of Marvin H. Anderson Construction Company was present to discuss their request for Wetlands Permits within the Second Addition of Bridgeview Shores. Mr. Haas explained that when Mary Anderson Construction first submitted preliminary plans for the overall development, they were not aware that the topography was not adjusted to the boundary survey correctly. He stated that when the final plat was completed, the shore lines were measured to the lot corners and it was shown now in a different location. He stated that their request is to now revise the setbacks so that construction of new homes can be accomplished without having to re-submit to the City for variances. Mr. Haas explained that the Commission should not review the requested Wetlands setback adjustment for Lot 9, Block 1, Bridgeview Shores 2nd Addition. He stated that they were able to reconfigure the deck so that it will be May 28, 1991 Page 4 placed behind the garage of the home and conform to the original Wetlands setback approval. Commissioner Duggan stated that in 1988 and 1989 the land was cleared off. He questioned if surface water runoff is causing the ponds to increase in depth. Mr. Haas stated that both ponds are controlled by storm sewer pipes. He stated that the surface water runoff is not as high now as it will be when the houses are built. Commissioner Tilsen briefly stated his concerns regarding the house pad setback proximity to the Wetlands. He stated that he would like to see the setbacks not go below a fifty foot (50') Wetlands setback. He asked Mr. Haas if the homes could be designed to accommodate this concern. Mr. Haas stated that he could redesign the homes so that they will be two car garage homes instead of three car garage homes. Chair Dwyer noted that this was not a public hearing. In response to a question from Commissioner Duggan, Mr. Haas stated that Mary Anderson Construction and the homeowners in the area want to keep the area as natural as possible. Commissioner Krebsbach arrived at 8:05 o'clock P.M. Mr. Haas commented that the air plane noise has been a real problem and that they have lost a lot of customers due to the noise while they were out reviewing the sites. The Planning Commission further discussed increasing the Wetlands setback on Lot 8 to sixty feet (60'). Mr. Haas stated that there would be no problem. Commissioner Tilsen stated that he would like to see Lot 4 remain at the approved sixty foot (60') setback and Mr. Haas stated that would be fine. Chair Dwyer questioned if there will be the use of siltation barriers. Mr. Haas stated that the barriers will be at pond level. Mr. Haas stated that they are very particular and that they will be maintained properly. Commissioner Tilsen moved to waive the public hearing. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 CASE NO. BRUBER - WETLANDS May 28, 1991 Page 5 Commissioner Tilsen moved to recommend that the City Council grant the following Wetlands setback adjustments all in Block 1, Bridgeview Shores 2nd Addition: Lot 3 - 50' (originally approved at 65') Lot 4 - 60' (originally approved at 60') Lot 7 - 50' (originally approved at 65') Lot 8 - 70' (originally approved at 85') Lot 11 - 97' (originally approved at 88') Lot 12 - 83' (originally approved at 83') Lot 9 will remain at the original approved setback of 70 • Commissioner Duggan seconded the motion. 91-12: PERMIT Jay Bruber, of 1852 South Lane and Mr. Ross Erickson, Eagan Pool and Spa were present to discuss Mr. Bruber's request for a Wetlands Permit to allow construction of a swimming pool within his back yard. Mr. Erickson stated that the permit request is for sixty- seven feet. He further stated that the type of fence will be wrought iron. Mr. Bruber stated that there will be minimal visual impact to his neighbors to the south. He stated that his neighbors to the northwest will not be able to see the fence. Mr. Erickson pointed out that Mr. Bruber has received signatures of consent from his neighbors. In response to a question from Commissioner Duggan, Mr. Erickson stated that the pool depth will be eight feet (8') and that there will be drain piping and rock installed under the pool. Mr. Erickson briefly explained how the pumping system will work. He stated that the pool liner will begin to float to show any imbalance of water from the exterior. Mr. Erickson stated that the fence will be installed around the parameter of the concrete. He further explained that between the existing deck and the concrete will be between 24 to 34 feet (east to west). Mr. Erickson briefly reviewed the drawings as submitted to the Planning Commission. He pointed out the new AYES: 5 NAYS: 0 May 28, 1991 Page 6 elevations as created when the home was constructed as a walkout home. Mr. Erickson noted that the solid line on the plans represents the new existing grade elevations. Commissioner Krebsbach questioned if the Bruber's had planned on constructing a pool at the time of their initial request for a Wetlands Permit. Mr. Bruber responded that they had some ideas but that that would be several years into the future. Commissioner Krebsbach stated that the Bruber's should have addressed their pool location at the time the initial Wetlands Permit was approved. She stated that the grading of the walkout did not allow the rest of the lot to be used for the pool thus necessitating the need for another Wetlands Permit. Mr. Bruber noted that he has formed an association to protect the pond and that he has concerns for the Wetlands area. Mr. Erickson submitted a landscape plan for the Commission to review. Commissioner Duggan moved to waive the public hearing. Commissioner Dreelan seconded the motion. Commissioner Duggan moved to recommend that the City Council grant a Wetlands Permit to allow construction of a swimming pool within sixty-seven feet (67') of the Wetlands subject to the submission of landscape plans to City staff and City Council. Commissioner Dreelan seconded the motion. AYES: 4 NAYS: 1, KREBSBACH HEARING -- CASE NO. 91-09: HNTB - CUP FOR ESSENTIAL SERVICE STRUCTURE - AIR NOISE MONITORS Mr. Bob Vorpahl and Mr. Eric Johnson, representing the Metropolitan Airports Commission (MAC) were present to discuss their request for a conditional use permit to allow the location of two remote noise monitoring towers in the City of Mendota Heights. Mr. Vorpahl explained that there are twenty-four sites that have been chosen within communities that surround ) May 28, 1991 Page 7 the airport. He stated that Mendota Heights has two of these sites. Chair Dwyer pointed out that Mendota Heights currently receives over 60 percent of air noise and inquired why Mendota Heights is only receiving two percent of the noise monitors. Mr. Vorpahl responded that the MAC does have plans to introduce a third tower to Mendota Heights in the future. He stated that the twenty-four sites are for the first phase only. He stated that they have the capability in the future to double that number. Commissioner Krebsbach questioned why a noise monitor is being placed within the Furlong area when it is known by all how severe the air craft noise is there. She stated that it would be to the City's benefit to install a noise monitor north of Highway 110. She stated that air craft noise is affecting other neighborhoods in Mendota Heights and not just the Furlong neighborhood. Mr. Vorpahl stated, at this time, the total cost of the noise monitors will be $989,000. He stated that the monitors are considered state of the art equipment. Public Works Director Danielson stated that the City Council approved the two site locations in 1989 and 1990. He stated that the Council felt it would be to the City's benefit to install the towers in the Furlong neighborhood since the air noise is known to be severe and Mendota Heights noise will be compared to that being generated at the other 22 locations. Administrative Batchelder concurred and further stated that the siting of the noise monitors in these neighborhoods had been reviewed by our noise consultants, Mr. David Braslau and Bob Collette, who had concurred with MAC's proposed locations. Mr. Vorpahl stated that the MAC has taken bids on the different types of systems and that this particular system is the most aesthetically pleasing. In response to a question from Chair Dwyer, Mr. Vorpahl stated that the noise patterns will be automatically relayed via telephone through MAC computers. He stated that the air craft noise has a significant noise pattern and that surrounding noise (i.e. - vehicles, wind, trees, etc) will not interfere with the gathering of data. Mr. Vorpahl submitted pictures of the Larson-Davis "Tilt Down System" currently being used in Salt Lake City. He stated that this system will be used here. He explained that the system is a locked system and that there will be May 28, 1991 Page 8 very little maintenance needed as long as it is not tampered with. In response to a question from Chair Dwyer, Mr. Vorpahl stated that the tower height will be twenty feet (20') (measured to the top of the microphone). He stated that NSP will not allow them to install the microphone on existing NSP utility poles. Planner Malloy pointed out that at the time he prepared his report, the MAC was unsure of the type of system they would be using. He stated that the system they have chosen is the most aesthetically pleasing and that landscaping would not be necessary. Chair Dwyer then opened the meeting to the public. Mr. Berskow, 1305 Furlong Avenue, questioned if guy wires would be used. He further questioned where the tower will be placed at 1307 Furlong Avenue. Mr. Vorpahl stated that guy wires will not be used and that the tower will be installed in the City's right-of-way by the NSP utility pole. Mr. Vorpahl stated that the MAC has been working with NSP for several months with respect to bringing electrical service to the tower. He stated that they will need a heating and cooling system and that meters may not be needed. He stated that NSP has indicated that they will charge a flat rate. He stated that the NSP has copies of site plans showing the locations of each tower. Mr. Vorpahl stated that they will work with City staff and the City Council on the final locations of the towers. Commissioner Duggan moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 5 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant a Conditional Use Permit to allow the erection of two noise monitor towers in Mendota Heights. He further moved that the MAC is to work with City staff and the City Council to determine the final location of the noise monitor towers. Commissioner Krebsbach offered a friendly amendment stating that the City Council consider adding a third AYES: 5 NAYS: 0 May 28, 1991 Page 9 noise monitor north of Highway 110. Commissioner Duggan accepted the friendly amendment. Commissioner Dreelan seconded the original motion and friendly amendment. Mr. Vorpahl stated that they anticipate the installation to take place in early Fall. PLANNING COMMISSION COMMENTS Commissioner Duggan stated that at a recent City Council meeting the issue of inadequate soccer sites within the City of Mendota Heights was discussed amongst Sibley Sting soccer coaches and the City Council. He stated that the soccer community within Mendota Heights is under represented and that he would like to urge the City Council to give more consideration to the soccer community. Commissioner Duggan moved to recommend that the City Council adopt and implement acquiring more land for soccer fields within Mendota Heights and that they should pursue looking into adding a soccer field at Mendakota Park. Commissioner Krebsbach seconded the motion. AYES: 5 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. He also informed the Commission of Council's desire to have more specific recommendations when recommending such items as "landscaping". ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 9:33 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary