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2011-08-02 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF M[11*INESOTA Minutes of the Regular Meeting Held Tuesday, August 2, 2011 August 2, 2011 Page 1 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 Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the i agenda. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved approval of the minutes of the regular meeting held on July 19, 2011. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR a 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; a. Acicnowledgement of the July 2011 Building Activity Report b. Approve the Police Chief Grade Change and Placement on the Classification Plan c. Approve a Temporary Wage Adjustment for the Interim City Administrator d. Approve Out of State Travel/Training for Investigator Mario Reyes e. Approve a Temporary On -Sale Special Event Liquor License for St. Thomas Academy Mendota Heights City Council August 2, 2011 Page 2 f Approve a Temporary On -Sale Special Event Liquor License for Holy Family Maronite Church g. Adopt a "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE HIGHWAY 55 AND MENDOTA HEIGHTS ROAD INTERSECTION PROJECT (JOB #200719) h. Approve the Contractors List i. Approve the Claims List Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments Mayor Krebsbach asked Chief of Police Michael Aschenbrener to speak about Night to Unite in Mendota Heights. Chief Aschenbrener explained seven reserve officers, several volunteers and eight patrol officers were going from neighborhood party to neighborhood parry getting people together to talk about issues in their neighborhood. He stated this is the third year the city has encouraged neighborhood parties versus one large city party. He explained this is an opportunity for neighbors to actually meet each other, talk about their children, issues, or just catch up. Chief Aschenbrener explained if residents would like a more formal neighborhood meeting annually they may contact Officer Denise Urmann at Deniseu@mendota- heights.com to schedule. He further stated an officer would be more than happy to come to their neighborhood meeting to discuss current trends, what is going on in the neighborhood, some of the things people should be looking out for and activities that can help you. have a safer neighborhood. I LTAC 1 A) CASE 2011 -11: PAUL ELIAS, 2242 LEXINGTON AVENUE "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AT 2242 LEXINGTON AVENUE" Assistant to the City Administrator Jake Sedlacek stated that Mr. Elias lives on Lexington Avenue just north of Wagon Wheel Trail. His current property structures include his single family house and an existing single car garage. Mr. Elias is seeking to construct a new detached garage. His original site plan showed a footprint of 24 feet by 36 feet. Following council action earlier this summer a variance had been denied therefore Mr. Elias has provided a new building plan for a structure, which is compliant with city code. The proposed structure is 31 feet wide, 24 feet deep and under the 750 square foot area requirement. He is proposing eight -foot sidewalls with a roof that is 14 feet above that, giving an average height of 15 feet at the mid -point of the roof. The plans propose two garage doors for cars entering and one access door. On the backside of the building the plans include two windows. The exterior finish on the garage is to be a standard vinyl siding, earth tone in color. The intent of this project is to eventually reside the house with a similar siding when the project is realized. Mr. Sedlacek spoke with Mr. Elias about the specific location of this new garage and explained to him there were a couple of variables in terms of grading, trees, and footings. Mr. Elias assured Mr. Sedlacek Mendota Heights City Council August 2, 2011 Page 3 that it would be outside of the ten -foot setback from the north property line, from the south property line and in the general location as shown on the site plan. In view of this further detail and a garage that meets city code requirements for detached garages, staff is recommending approval of the Conditional Use Permit as was recommended by the Planning Commission in June, 2011. Mayor Krebsbach inquired if this garage includes an attic space. Mr. Sedlacek replied the changes in the findings had been added to include the following conditions: 1) Garage shall not exceed 15 feet in height 2) Garage matches the principal building in color and show compatibility materials 3) Applicant consider matching the garage's roof style and roof pitch with that of the principal building 4) The existing detached accessory structure on the site be removed and re- established in turf 5) Nothing shall extend beyond the footprint of the building 6) The structure shall not be used as an occupied dwelling primarily for human habitation Mr. Sedlacek noted the last item listed here is specifically drawn from code and is a code clause. Councilmember Vitelii moved to adopt "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AT 2242 LEXINGTON AVENUE" Councilmember Duggan seconded the motion. Ayes: 5 � Nays: 0 B) CASE 2011 -22: PHILLIP CATTANACH, 2245 VISITATION DRIVE "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE, VARIANCES FOR TIE TOTAL AREA OF ACCESSORY STRUCTURES AND FOR AN OVERHANG GREATER THAN 18 INCHES" Assistant to the City Administrator Jake Sedlacek stated a planning application was being proposed for Visitation School. Mr. Cattanach with Opus Design Build represented Visitation School. The property is located at the corner of Mendota Heights Road and Dodd Road. The accessory structure being proposed is on the north and east section of the lot, just immediately south of the existing tennis courts. The three aspects of the planning application include: 1. A conditional use permit for an accessory structure 2. Variance request because the site has more current square footage in accessory buildings then is allowed by code 3. Variance as one of the eaves on the building is greater than 18 inches in length Planner Grittman provided a lengthy memo looking at the total square footage of the site and came to a determination that the structure, which is described as use for an outdoor classroom, storage, and a greenhouse, is an accessory use to the school on the site. The planning materials reference a structure that is being removed from the site. This structure would provide for the storage the current structure ( ) provides for in addition to including restrooms and a working classroom. Mendota Heights City Council August 2, 2011 Page 4 Planner Grittman's memo stated this would be an accessory to the school. Discussion included that it could be attached to the school but due to the nature of the classes and what they are trying to accomplish Planner Grittman felt the unattached structure was a reasonable request as an accessory use on the sixty (60) acres of land. The planning commission held discussion on this case at their July 26, 2011 meeting. There were no comments at the public hearing. Mr. Sedlacek stated the applicant will need to provide one additional detail describing the walkways between the existing principal structure and the accessory structure. The planning commission felt this would be something the applicant could describe to council. The planning commission concurred with the planner's recommendation to approve the conditional use permit, the variance for greater than 144 square feet, and the overhang greater than 18 inches, by a vote of 5 to 0. Mayor Krebsbach commented that the need for the variance is because the school is in a residential zone. Mayor Krebsbach further commented that the city does not have current ordinances that would allow for a campus. She recommended council and staff look at changing the zoning ordinance to provide for a special area for a large campus, on property consisting of forty (40) acres or more. She explained the council could look at that for golf courses, schools, Dodge Nature center and determine what is reasonable in the number of structures allowed on these properties. She recommended this be re- visited in September. 7 Councilmember Duggan stated he believed the current ordinance calls for anything over four acres being allowed 425 square feet of accessory space. He added that sixty (60) acres, the size of the school property, divided by four acres would be equivalent to fifteen structures. He added that fifteen structures multiplied by the 425 allowable square feet would equal 6,375 square feet. He concluded that with this proposed structure, the school's total square footage of accessory building space is 6,335, which is less than the 6,375 square feet allowed. Councilmember Duggan recommended this information be added to the resolution due to concern that the language referred to in the resolution going forward should state something in support of the council making a decision that grants the variance for more than the technically one allowed accessory structure. In addition he recommended the overhang should be considered de minimis and to include such language in the resolution, if approved. City Attorney Tami Diehm stated that staff is comfortable adding additional language if council wishes. The formula, as Councilmember Duggan indicated, is not part of the code but it certainly can be part of the council's rationale if discussed and agreed upon. Dr. Dawn Nichols representing Visitation School commented that the school created an outdoor classroom approximately four years ago in memory of a dear friend of the school. Since that time, friends of that family have urged the school to expand the use of the outdoor classroom. She stated the school believes in outdoor education, connecting children and older students with nature even in this high -tech age. The opportunity came about through a gift received a couple of years ago to consider what kind of small building could be put at that location on the property that would meet multiple needs Mendota Heights City Council August 2, 2011 Page 5 by providing some growth space, some exploration space, and some sorely needed restrooms. She added they have had a long standing need for additional storage space. Councilmember Duggan suggested an addition be added to the second be it further resolved of the resolution to contain language that the city engineer provide comment and recommendation regarding impervious surface area and drainage impact on walkways to the building. Councilmember Vitelli moved to adopt a "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE, VARIANCES FOR THE TOTAL AREA OF ACCESSORY STRUC'T'URES AND FOR AN OVERHANG GREATER THAN 18 INCHES Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 "RESOLUTION REVISING SCHEDULE OF FEES FOR SERVICES FOR 2011" City Clerk Sandie Thone stated this resolution is revising the fee schedule that was adopted in February of 2011. She explained in July of 2011 council approved an amendment to the fire code and four of the fee items included in this update would be fire permit fees. Ms. Thone continued five of the updated fees include park and recreation fees that have either been revised or have been newly created to accommodate the department's processing. The third and final fee, an engineering item is for right -of- way permits. Ms. Thone stated in February of 2011 the right of way permit fees were created but have been found to be insufficient in covering the costs of issuing these permits and have been updated to reflect actual costs incurred. Ms. Thone stated staff would recommend council approve the resolution revising the 2011 schedule of fees. Councilmember Duggan inquired whether City Clerk Thone would provide an example of a right -of- way permit. City Clerk Thone replied that an instance that a resident may require a right -of -way permit would be if they were adding landscaping/lawn irrigation in the right -of -way of their front yard. Mayor Krebsbach recommended at some time in the future staff could look into adding fees to the fee schedule for such things as use at Pilot Knob. Mayor Krebsbach asked City Administrator David McKnight to contribute his ideas on the subject. Councilmember Vitelli moved to adopt "RESOLUTION REVISING SCHEDULE OF FEES FOR SERVICES FOR 2011" Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 STREET RECONSTRUCTION UPDATE Assistant City Engineer Ryan Ruzek explained the Wagon Wheel trail project would be delayed due to the relocation of private utilities. He stated Xcel Energy gas service, Qwest and Century Link have all Mendota Heights City Council August 2, 2011 Page 6 1 completed their relocations. Comcast will be working on the project next week. Xcel Energy electric service was to have relocated their utilities, but under state law they are required to address any storm damage and heat related outages prior to relocating any new facilities. Mr. Ruzek explained he is hopeful the Wagon Wheel trail project will get started in approximately two weeks. He further explained that if the project is not able to begin by September 1, 2011 it may need to be pushed out to next year. Assistant City Engineer Ruzek stated the Knollwood Lane project is expected to begin August 15, 2011 with an October 7, 2011 completion date. He advised most project updates can be obtained on the city website at www.mendota- heigWs.com. COUNCIL, COMMENTS Councilmember Petschel gave great kudos to the fire department and firefighters for the prompt way they handled the house located by Henry Sibley High School that was struck by lightning. Councilmember Petschel commended their efforts saying the fire was contained quickly and there was no extensive damage to the home. Councilmember Povolny recommended everyone check their air conditioners outside to ensure they are not clogged by cottonwood fluff. He stated he wished he had checked his recently as his air conditioner was clogged and overheated. Councilmember Duggan wished everyone a dry rest of the summer. ADJOURN Mayor Krebsbach adjourned the meeting at 7:28 p. Mayor lz:6 I Sandie Thone City Clerk