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2012-10-30 City Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 30, 2012 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. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Vitelli 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. a. Acknowledgement of October 16, 2012 City Council Minutes b. Acknowledgement of October 23, 2012 Planning Commission Minutes c. Setting Date of Meeting to Canvass Election Results d. Accept Resignation of Police Support Specialist Sandra Ristine e. Authorize Recruitment Process for Police Department Support Specialist f. Approval of Assessment Deferral Request — 1869 Eagle Ridge Drive, Unit #8 g. Authorize Purchase of Sewer Utility Department Portable Generator h. Authorize Purchase of Public Works Garage Backup Generator i. Award of Contract for Storm Sewer Improvements j. Receipt of October 2012 Building Activity Report k. Approval of Contractors List 1. Approval of Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATION A) PROPOSED PERFORMANCE BASED NAVIGATION PROCEDURES AT MSP INTERNATIONAL AIRPORT — CHAD LEQVE (METROPOLITAN AIRPORTS COMMISSION) AND CARL RYDEEN (FEDERAL AVIATION ADMINISTRATION) Mr. Chad Legve of the Metropolitan Airports Commission introduced colleagues that were with him; Mr. Carl Rydeen, Assistant Air Traffic Manager at MSP; Ms. Colleen Buckner, Air Traffic Manager at MSP; Mr. John McClung, MAC Commissioner; Ms. Deanna Nelson, Staff Member; and Mr. John Bergman, at -large Noise Oversight Committee (NOC) Representative. Mr. David Sloan, Chair of the Mendota Heights Airport Relations Commission introduced the commission members who were also present; Mr. Jim Neuharth, Mr. Bill Dunn, Mr. Kevin Byrnes, Ms. Sally Lorberbaum, and Ms. Gina Norling. Mayor Krebsbach acknowledged the City's NOC Representatives, Ms. Liz Petschel and Mr. Ultan Duggan. Councilmember Duggan also acknowledged the attendance of former councilmember Mr. John Hartman. Mr. Legve presented infamiation on a new development forthcoming at MSP, specifically Performance Based Navigation. This is an initiative to leverage new navigation technology onboard aircraft and to modernize operations in the air space around the airport and from a national level. Mr. Legve shared a graphic outlining the three tracks of aircraft transition; ® Currently, aircraft transition the air space around the airport through Vectored Operations; a controller tells the pilot what altitude to fly and what heading to fly in and the pilot complies with those instructions. These operations are influenced by winds and other forces of Mother Nature, which can sometimes push an aircraft off course and outside of the corridor compliance area. • Area Navigation (RNAV) is the next step in aircraft navigation where aircraft can actually use navigation inputs from either ground based navigation aids or space based satellite navigation aids, and onboard instrumentation to navigate from way -point to way -point very accurately, compensate for wind drift and fly a reproducible track over the ground. October 30, 2012 Mendota Heights City Council Page 2 • The next step in the Required Navigation Performance (RNP) includes additional levels of monitoring and crew training that tightens up the performance and reproducibility of the flight track and the aircraft operation. RNAV and RNP represent the spectrum of what is referred to as Performance Based Navigation and is one of the critical elements of the FAA's next generation air transportation system, typically referred to as Next Gen. This also opens up opportunities for other types of navigation operations that help reduce impact. One of those is Optimize Profile Descent (OPD), which is possible because of the way that operations could be deconflicted from one another, departure streams and arrival streams, allowing the aircraft to descend in constant glide path to the runway with their throttles back, reducing noise and aircraft emissions and fuel burn. Mr. Leqve gave a brief background on the Noise Oversight Committee's focused efforts on taking a look at navigation technologies that are available to try to enhance existing noise abatement procedures at the airport and vectored operations, tighten up performance, maintain operations, and more compatible lane uses around the airport to reduce impact. It became evident that RNAV was one of those technologies that represented an opportunity to enhance noise abatement procedures at the airport as well as the OPD. There were two existing vector noise abatement procedures that they focused on; Mississippi River Valley Departure Operation from runway 17 and the other was the crossing in the Eagan/Mendota Heights departure corridor. They did some flight testing for the runway 17 procedures and as a part of that process, the FAA made the determination that MSP was a great candidate for an airspace wide RNAV design and implementation process. When the FAA decided to move forward with the air space flight initiative, the NOC took it upon themselves to develop a list of criteria that were specifically related to noise. This list was to be forwarded to the FAA and be considered and incorporated in their design and implementation processes as they moved forward with the air space wide initiative. The list of criteria was forwarded to the FAA on March 22, 2011. Mr. Carl Rydeen explained that the team that did the design of the RNAV procedures was made up of members of the air traffic control tower staff, approach control staff, the in-air traffic control center staff; the airline industry, and many other members of the FAA design team from Washington. There were three general premises that the group used in designing these procedures: • Maximize the NextGen efficiencies • Maximizing safety • Minimize noise exposure Mr. Rydeen shared a map outlining the existing arrival and departure routes, which will not change under RNAV. They will just be more predictable. He shared maps outlining where the aircraft would be flying over the ground during these procedures. Mr. Rydeen explained that all of the airplanes taking off on this procedure will climb to five hundred feet before they commence a turn, if they do turn. They will be unable to turn earlier than the procedures allow. October 30, 2012 Mendota Heights City Council Page 3 Councilmembers asked questions regarding Crossing -in- Corridor actions and reports, which metrics would be beneficial for the Airport Relations Commission to review, and the concentration of the flight tracks. Mayor Krebsbach then opened the floor for questions from residents: Q: Why was the month of July 2012 chosen as the time period to collect the data used? A: July is the peak month of the year. So the data shows the average day during the peak month at the airport. Mayor Krebsbach asked what differences the average resident would notice. Mr. Leqve replied that it would most likely be the reproducibility piece. The fact that the planes will not be as subject to the forces of Mother Nature in terms of their drift as in the past. Also, the reduction in carbon emissions and the reduction in fuel bum will be noticeable. Councilmember Povolny asked if the requirement for smaller regional jets to do a wheels -up ninety degree turn off the end of 12 -left further out into the corridor would change. Mr. Leqve replied that it would not change. Mayor Krebsbach asked if this would help with increased capacity at some point. Mr. Leqve replied the RNAV would not increase or decrease capacity at MSP; it would not allow more planes to take off per hour. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2012 -29: REQUEST FOR A VARIANCE FOR MORE THAN THREE GARAGE DOORS, DANIEL FLEISCHHAKER, 1018 OVERLOOK ROAD Assistant to the City Administrator Jake Sedlacek explained that Mr. Fleischhaker was granted a conditional use permit for a garage greater than 1,200 square feet in size. In terms of location, the property is located just north of Marie Avenue on Overlook Road. As part of his original application Mr. Fleischhaker requested two double garage doors. City Code limits the number of garage doors to three doors, which could be three singles or a double and a single with the single door being limited to twelve feet in width. When looking at a variance, staff and Council look at whether or not the use is reasonable, and whether or not a practical difficulty exists in utilizing the property. A practical difficulty is defined by a circumstance which is unique to the property, is not created by the applicant, and it must be consistent with the character of the community or the neighborhood. The Planning Commission did not feel that the variance criteria were met and ultimately voted to recommend denial of the variance. There were no comments at the public hearing but staff did receive a call from a resident, Mr. George Bojanov of 1030 Overlook, who expressed his support. October 30, 2012 Mendota Heights City Council Page 4 Councilmember Duggan asked if the conditions were different for a home that sits on two streets, as in this case a corner lot. Assistant Administrator Sedlacek replied that the rule applies to any residential lot in Mendota Heights, regardless of frontage. Per code, three doors is the maximum allowed. Councilmember Duggan moved to Adopt a Resolution Approving a Variance for More than Three Garage Doors at 1018 Overlook Road, Planning Case 2012 -29, for the following reasons: • The home is situated on two streets • There are major inconsistencies in the application of the standard for garage doors throughout the city • It would fit with the neighborhood both in character and size, especially since the large trees are being retained and a large portion of the existing landscaping would remain Councilmember Povolny seconded the motion. Councilmember Petschel asked City Attorney Tami Diehm what position the Council would be in if they grant a variance with no hardship. City Attorney Diehm replied that, as Assistant Administrator Sedlacek pointed out, there was a change in the statute within the past twenty -four months that moved away from the hardship language to the practical difficulties language. The Council still needs to look at each case separately and determine whether or not there is a practical difficulty. It should be something that is unique to this property, not within the control of the applicant, and makes this a unique circumstance in which a variance would be allowed. Councilmember Duggan commented that when looking on the side towards the 1794 lot, the applicant could not possibly add anything to that side if the issue is additional garage space. This is the only place the applicant can actually add additional garage space to his house. He believes it is consistent in character to the neighborhood. Councilmember Vitelli stated he could not support this request simply because there is no hardship and he does not want to set a precedent. He believes the Council should look at revising the ordinance. Mayor Krebsbach stated that she would also not be in support of the variance but would be in favor taking a look at the code language so the Council would not be designing as they go. It could be something for the Council to look at during the January goal setting session. Mr. Daniel Fleischhaker stated that going to a single door on essentially a four -car garage really is out of character and does not fit with the neighborhood. His request fits architecturally with the style of the homes in the neighborhood as well as his own home. Even though they did not attend the public hearing, he did receive twenty -three signatures of residents in the area in support of the four doors. Mayor Krebsbach directed Mr. Fleischhaker to give the petition to City Clerk Smith for the record. She stated that her concern was that the neighborhood would not have been infoiined of four doors if approved at the Council. The petition with signatures confirms their knowledge of the changes if approved. For that reason she will support the variance on the basis of practical difficulties. October 30, 2012 Mendota Heights City Council Page 5 City Administrator Justin Miller added that if the Council is intending to pass or at least consider the motion for approval, then the Council needs to consider the documented findings of fact for approval and have them for the record. City Attorney Tami Diehm read the Findings of Fact in support of approval of the variance as follows: 1. The proposed garage meets all zoning requirements for setback, size, and finished materials 2. The proposed landscaping is such that the garage doors would likely be screened from adjacent property and rights-of-way 3. The configuration of the garage and orientation of the doors is consistent with the intent of the zoning ordinance 4. The fact that the property abuts two streets creates a practical difficulty that is unique to the property 5. The proposed garage improvements are not out of character with the locality or neighborhood in which the property is located Councilmember Duggan approved adding the Findings of Fact as read to be part of his original motion. Ayes: 3 Nays: 2 (Petschel and Vitelli) B) PLANNING CASE 2012-28: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN INDOOR TRAMPOLINE PARK, CURT SKALLERUP, 2250 PILOT KNOB ROAD Assistant to the City Administrator Jake Sedlacek explained that this is a request to create an indoor trampoline park inside of an existing building located at 2250 Pilot Knob Road. The front half of the building is currently occupied by a company called Restaurant Technologies, Inc. A trampoline park is not clearly defined within the code. Planner Grittman and others felt it would qualify under a conditional use permit as a participative athletics use. Considerations to be discussed include the impact upon the area such as traffic, parking, lighting, and signage. The Planning Commission discussed this and was in support but asked the applicant to provide more detail on traffic and parking requirements. The applicant did provide that information and the Planning Commission voted to recommend approval of the conditional use permit. There were no comments at the public hearing. Councilmember Duggan expressed his concern about lighting in the parking lot area, especially considering the time of year as it gets dark earlier and the fact that most of the participants would be younger. He also mentioned signage and pavement markers, in which he is in agreement with. He expressed concern about doors to the building that do not have handles on them and are totally inaccessible. He also asked how high the ceiling was inside and would it be conducive to this use. Assistant Administrator Sedlacek replied that lighting is an issue that can be brought up as a part of this conditional use. Currently, the parking lot is lit but he is unaware to what extent. As for the height of the ceiling, that is not something staff would typically look at but it would be something the owner would likely look at. Councilmember Petschel stated her concern with the traffic coming and going from the site, and possible truck and business traffic competing with the children being dropped off. Assistant Administrator October 30, 2012 Mendota Heights City Council Page 6 Sedlacek replied that staff's primary concern would be the competing traffic and safety issue, and is the use compatible in terms of impacts on the area. The applicant did provide their estimates as to how many parking spots would be needed, about how many traffic movements are going to come in and out and at what time of day. Those times are not in conflict with the heavy trucking periods in the area and staff is confident that there is ample parking to handle the number of cars the applicant has indicated. Councilmember Duggan mentioned that the southern part of the parking lot is more for cars and the north parking lot area is more for trucks. Assistant Administrator Sedlacek confirmed that truck traffic is almost completely on the northern side. There would be clear signage on the south entrance, where parents would be dropping off. Mr. Curt Skallerup stated, in regards to the height of the ceiling, that the height is twenty -four feet. To get the insurance the ceiling had to be above twenty feet. With regards to the parking, there would be nobody other than perhaps employees parking on the back side where the trucks go. Also, there will be a new front entrance with two lanes of traffic. As for the parking lot lighting, they have discussed adding additional lighting inside and outside so everyone would feel safe. Councilmember Duggan asked about bathrooms and changing areas. Mr. Skallerup answered that there would be no changing areas. People come, take their shoes off, and there would be lockable external lockers for shoes and valuables. There would be separate women's and men's bathrooms. Mayor Krebsbach asked for confirmation on the hours of operation. Mr. Skallerup confirmed they would be open until 9:00 p.m. Monday through Thursday, until 12:00 a.m. on Fridays and Saturdays, and until 8:00 p.m. on Sundays. Mayor Krebsbach asked why they chose Mendota Heights as a location. Mr. Skallerup stated that they had originally looked at properties in Eagan but this property seemed clean and the facility was new. The owner is willing to put money into it to make it nice and fresh. Councilmember Duggan moved to adopt a Resolution Approving a Conditional Use Permit for an Indoor Trampoline Park, 2250 Pilot Knob Road, Planning Case 2012 -28, with the following conditions: 1. Hours of operation are limited to 11:00 a.m. to 9:00 p.m. Monday through Thursday, 9:00 a.m. to 12:00 a.m. Friday and Saturday, 11:00 a.m. to 8:00 p.m. Sundays 2. The applicant must submit a sign package for staff review 3. 60 parking spaces shall be designated for the conditional use Councilmember Duggan also added the following conditions to the resolution: 4. A new entrance shall be designated for the conditional use 5. Appropriate lighting shall be installed for safety reasons Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 October 30, 2012 Mendota Heights City Council Page 7 C) PLANNING CASE 2012 -31: REQUEST FOR A CONDITIONAL USE PERMIT AND VARIANCE FOR A GARAGE, DAVID AND KIM WILLIAMS, 755 WENTWORTH AVENUE Assistant to the City Administrator Jake Sedlacek explained that this property is located at the corner of Wentworth Avenue and Wachtler Avenue. Their new home was designed under the understanding of the old code which allowed two double garage doors. The design that was submitted for the building permit included a garage which was less than 1,200 square feet and featured two double wide doors. The applicant is requesting a conditional use permit to expand the size of the garage and also a variance to have two double wide garage doors, where current code only allows one double and one single door. Assistant Administrator Sedlacek shared images of the proposed garage and explained that it would have two bays. Garage one would be 872 square feet and garage two, which included a dividing wall, would be a cold storage area. So the request is to not change the footprint of the building. They are simply requesting to remove the dividing wall so the entire building would be used as garage space. The variance request is for two double garage doors, one for each bay. This an attached garage with a breezeway and has been integrated into the roofline. The Planning Commission felt that the conditional use permit for a garage up to 1,500 square feet was in fitting with the character of the area and they recommended approval. The Planning Commission felt that the variance was a reasonable request but that the applicant did not meet the criteria for granting the variance for two double garage doors. Mayor Krebsbach stated for clarification that this is a 7,800 square foot house. Councilmember Petschel stated that because of the action taken earlier for another resident, the Council should grant these double garage doors also. She stated she did not have an issue with two double garage doors but is uncomfortable ignoring what is in the City Code. She stated she would be in favor of reviewing the language in the code. Mayor Krebsbach replied that one of the challenges is the approval of the conditional use which allows that size of a garage and then not having the garage doors that work with it. It is a very conflicting set of circumstances and she would be going on City Attorney Diehm's point and also that the challenge in terms of difficulty using the property. Councilmember Duggan commented that the difference between this property and the prior one is that Mr. Fleischhaker's sits on a corner lot and is very visible all of the way around with lots of houses. However, 755 Wentworth is located in a neighborhood unto itself; it has its own character. The nearest house is probably 1,000 feet or more away. Council member Duggan stated he is in favor of granting this request. Mayor Krebsbach asked City Attorney Tami Diehm to explain practical difficulties. City Attorney Diehm explained that the Council packet includes findings of fact for the approval of the variance and the conditional use permit. October 30, 2012 Mendota Heights City Council Page 8 Councilmember Povolny stated that, given its size, this home should have a decent size garage on it. The garage is an extension of the house. Assistant Administrator Sedlacek explained that the conditional use permit would allow for a deeper bay regardless of the variance. The variance itself is just for allowing two double sized garage doors. Councilmember Vitelli moved Adoption of Resolution to Approve Conditional Use Permit for Garage Greater Than 1,200 feet at 755 Wentworth Avenue, Planning Case 2012 -31. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Assistant Administrator Sedlacek explained that the Planning Commission is recommending denial of the variance request; however, the planner did provide staff with draft findings for approval of a variance. So if the Council would wish to approve the variance, the planner has drafted the findings as: 1. The proposed garage meets all zoning requirements for setback, size and finish materials. 2. The size of the site and the proposed garage location are such that the two double garage doors will not be visible from adjacent property and rights -of -way. 3. The configuration of the garage and orientation of the garage doors is consistent with the intent of the ordinance limitation on garage door size. 4. The provisions of the Zoning Ordinance have imposed a practical difficulty upon the applicant which prevents use of the property in a reasonable manner. 5. The practical difficulties resulting from the provisions of the Ordinance are unique to the subject property. Councilmember Duggan moved to adopt a Resolution Approving a Variance for More than Three Garage Doors at 755 Wentworth Avenue, with the findings as stated above. Councilmember Povolny seconded the motion Ayes: 4 Nays: 1 ( Petschel) Councilmember Petschel stated that the reason for her denial was for consistency sake and she would like the City Council to review the City Code on garage doors. COUNCIL COMMENTS Councilmember Petschel commented that she had her new water meter put in. The installer arrived on time, the process took only twenty minutes, was painless, and she encouraged everyone to sign up to get theirs replaced. Councilmember Duggan wished Mayor Krebsbach good luck in the mayoral race. October 30, 2012 Mendota Heights City Council Page 9 City Administrator Justin Miller reminded residents that the bonfire is scheduled for October 31. The site has been closed off and staff is not accepting any new debris. Paster Enterprises and the fire department are all set and the bonfire is scheduled to be set off at 7:00 p.m. Mayor Krebsbach expressed her appreciation to staff for the preparation of the documents for this meeting. The Council had a workshop prior to this meeting, where it is a good opportunity for Council to discuss things such as ordinances. She also stated that Councilmember Petschel's comments were well noted. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:40 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk October 30, 2012 Mendota Heights City Council Page 10