Loading...
2020-07-07 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 2020 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 5:00 p.m. Councilors Duggan, Miller, and Petschel were also present. Councilor Paper was absent. Mayor Garlock stated that after holding the Council meetings virtually for the past three months, the Council is now meeting in person and he reviewed the rules for in person meetings. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented. a. Approval of June 16, 2020 City Council Minutes b. Acknowledge the May 26, 2020 Planning Commission Meeting Minutes c. Approve Resolution 2020-37 Appoint Election Judges for State Primary and General Election d. Accept Community Service Officer Resignation e. Accept Wetland Delineation Report for Ridge Place Sanitary Sewer-Streambank Improvements f. Acknowledge May 2020 Par 3 Financial Report g. Approve May 2020 Fire Synopsis h. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARINGS No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-38 APPROVING A PRELIMINARY AND FINAL PLAT OF "COSGRIFF PLACE" - 1875 HUNTER LANE (PLANNING CASE NO. 2020-11) Community Development Director Tim Benetti explained that the Council was being asked to consider a resolution approving a combined preliminary and final plat of a new subdivision to be titled "Cosgriff Place", located at 1875 Hunter Lane. Councilor Duggan referenced the map of the property and received confirmation that the portion in red is the portion to add to this property. He asked for details about the property behind that portion marked in red. Mr. Benetti stated that he believed that is privately owned by the property owner to the south. Councilor Duggan moved to approve RESOLUTION 2020-38 APPROVING A PRELIMINARY AND FINAL PLAT (SUBDIVISION) OF COSGRIFF PLACE LOCATED AT 1875 HUNTER LANE. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 B) RESOLUTION 2020-39 APPROVING A CONDITIONAL USE PERMIT FOR NEW CELLULAR - WIRELESS COMMUNICATION EQUIPMENT AT DEERWOOD BANK —1060 DAKOTA DRIVE (PLANNING CASE NO. 2020-12) Community Development Director Tim Benetti provided a brief background on this item. The Council was asked to consider adopting a resolution approving a Conditional Use Permit (CUP) to Verizon Wireless, to install three new cellular -wireless communication panels on top of the existing Deerwood Bank facility, located at 1060 Dakota Drive. Councilor Duggan asked about the distance between the proposed equipment and the neighboring residential properties. Public Works Director Ryan Ruzek commented that the distance is about 150 feet. July 7, 2020 Mendota Heights City Council Page 2 of 8 Councilor Duggan asked what the distance is between this proposed site and the nearest existing cellular equipment. Mr. Benetti commented that the distance is about one mile. Councilor Duggan commented that he understands that this equipment is on the roof of the building and would transmit through waves at that height, which is ten to 15 feet above the existing buildings, therefore there should be of no harm to the health of residents in the area. Community Development Director Tim Benetti confirmed that to be true. He noted that the only harmful potential is if a person were to stand directly in front of the tower when it is turned on. He noted that the equipment is serviced when the equipment is turned off. Councilor Duggan asked for clarification of the information included in the analysis and technical report. Mr. Benetti provided additional details on the structural engineer review that would be required to ensure the roof can support the equipment. Councilor Duggan asked if the total height would be below the maximum height allowed by the City Code. Community Development Director Tim Benetti confirmed that this height would be under the allowed height. Councilor Duggan asked if all of the equipment would be located on the roof. Mr. Benetti commented that there will be a separate outdoor secured facility next to the trash enclosure. He noted that it would be matched to look like the existing trash enclosure and the equipment would be similar to an electrical transformer and would not transmit waves. Councilor Duggan commented that the applicant is meeting all the requirements asked by the City. He asked how capacity needs are known. Community Development Director Tim Benetti stated that the company has done its own analysis and would have a list of customer complaints. Councilor Duggan asked what would happen if this is installed and the customers are still not happy with the cell phone coverage. Mr. Benetti commented that the company would complete further analysis to determine if additional equipment would be needed in other locations. Councilor Duggan commented that he would want to ensure that the company would fix any failures that could result from this equipment interfering with other equipment. Councilor Petschel commented that people in the city are not getting good cell phone coverage because of the dead spots in Mendota Heights and additional equipment arrays, such as this, are needed. Councilor Duggan asked if additional coverage is needed to the south. Mr. Benetti displayed the coverage map, noting that the area to the south is covered by antennas at the water tower site. Mayor Garlock commented that, from his experience, this spot in Mendota Heights is the worst spot for coverage. He provided examples of when police officers would lose connectivity on their computers when driving through this area. July 7, 2020 Mendota Heights City Council Page 3 of 8 Councilor Petschel commented that when she campaigned, going door to door, she received many complaints from residents related to connectivity in this area. She stated that the Council provided direction to staff to reach out to cellular providers to ask them to address this issue. She commented that there are more people working from home now and the need for good coverage is increasing. Councilor Miller asked for clarification on RSP. Community Development Director Tim Benetti provided details on the reception level and displayed the coverage map. Councilor Miller commented that it does not appear that this will increase the coverage by very much. He commented that it would be nice to know why this location was chosen over other locations, such as on top of the City Hall building. Mr. Benetti stated that he believes the applicant studied the possibility of the water tower but there is already good coverage in that area, therefore the bank location was chosen to provide an increase in coverage to the north. He noted that not all business owners are interested in having this equipment on their building and therefore it is a hunting game to find a good location. Councilor Miller asked if anyone on the Council was a part of the discussion related to a cell tower at City Hall. Councilor Duggan commented that he was a part of that discussion related to cellular equipment and creating the City's regulations. He stated that he was unsure of the details related to the City Hall location. Councilor Petschel commented that the structure proposed for City Hall would have been obtrusive because of its size and height. She noted that this is not just an issue of coverage but also of capacity. She commented that the green area on the maps receives fair coverage and believed that the quality of coverage would increase once this is installed. Councilor Miller commented that he is not against this, as connectivity is important, but it would be nice to have an expert present to address questions. He stated that he would like to know why this location was chosen over other locations, as this is adjacent to a daycare center. Councilor Petschel commented that there are two equipment installations on top of the Eagle Ridge apartment building, which has been done with success and no impact to the residents. Councilor Duggan commented that there are similar arrays on top of the Henry Sibley High School. He applauded the applicant for completing the study and identifying the challenges. He stated that he would want to include a statement that Verizon would come back to provide better coverage, should this not work. Councilor Miller stated that he would prefer to have the information presented by the applicant. He stated that he is not opposed to the request, but when looking at the diagram, he did not believe that this would provide the amount of change desired. Community Development Director Tim Benetti noted that this is not meant to be a cure all but is meant to address a dead spot and is based on the locations available. Councilor Petschel commented this will provide that additional capacity that is needed. Judy 7, 2020 Mendota Heights City Council Page 4 of 8 Councilor Duggan suggested an amendment to a proposed condition in the resolution, which would require the applicant to come back if this does not provide the desired solution. Councilor Petschel agreed that she would want some type of verification after installation that would ensure that the problem has been addressed. Mayor Garlock commented on the frustration involved for public safety attempting to get information on the way to a dangerous call when driving through this dead spot. He stated that this situation has been unacceptable for public safety. City Attorney Andrew Pratt stated that a CUP could be revoked if the criteria is not met. He commented that it would seem that the intent would be to add an additional step that would begin the discussion. Councilor Petschel asked if language could be included that would state if the antenna equipment fails to address the current dead spot for public safety at the Highway 62/Lexington Avenue intersection, then the applicant would review the technology and make adjustments as needed. City Attorney Andrew Pratt provided suggested language that could be included as an additional condition. Mayor Garlock asked for comments from the public Tim Curley, 2049 Patricia Street, former owner of Curley Furniture which is now Mendota Daycare, asked if this is 4G or 5G equipment. He commented that it would be nice to have a representative from the applicant present. He is confused on where the water tower site is located on the coverage map. Public Works Director Ryan Ruzek commented that this would be the same equipment that is on the water tower, which is 4G equipment. Mr. Curley asked if the applicant could upgrade to 5G once the equipment is installed or whether that would require an additional approval. He noted the proximity to the daycare and residential properties. He asked why the City would not locate this equipment on City property in order to obtain that revenue. He believed that this request should be tabled, and the applicant should be present at the next meeting. Ekraam Abdilahi, owner of Mendota Child Daycare Center, stated that she is concerned with the potential health impacts to the children at the daycare facility. She commented that the City should ensure that the health of residents is protected along with providing increased coverage. Councilor Duggan commented that perhaps it would be reasonable to invite the applicant back in two weeks to provide comments on this request. He asked if there is a record of health prior to installation that would be used for comparison after the installation. Councilor Petschel commented that there are two engineers on the Planning Commission, one being an electrical engineer. She stated that there has been no evidence that non -ionizing radiation has an impact on health. She stated that the radiation from this type of equipment would be similar to a radio or television remote control. She noted that once inside a building, the structure itself reduces the impact as well. That July 7, 2020 Mendota Heights City Council Page 5 of 8 information from numerous studies and the American Cancer Society was provided in the packet showing that data. These structures have been around for some time and are located in multiple places around Mendota Heights. She is not convinced that delaying the vote would make a difference. Councilor Miller stated that he is not opposed to the project but wants to make sure that whatever is done makes the most sense. He stated that he would find it helpful to have a representative from the applicant present to answer questions. He asked the timeline impact of delaying the decision for two weeks. Community Development Director Tim Benetti stated that the applicant's representative would have been present tonight but couldn't due to medical reasons. He hoped that the applicant could attend the next meeting. He noted that the 60 -day review period would expire on July 20th, while the Council's next meeting will be July 21" and therefore the Council should request/extend the review period by 60 days. City Attorney Andrew Pratt explained that the City has a right to extend the application by 60 days, but it is better to have a collaborative process. Community Development Director Tim Benetti commented that if the applicant does not agree to the extension, the City Council could hold a special meeting to take action or issue a 60 -day extension itself. Mayor Garlock moved to table RESOLUTION 20202-39 APPROVING A CONDITIONAL USE PERMIT TO VERIZON WIRELESS, FOR THE PROPERTY LOCATED AT 1060 DAKOTA DRIVE to the next meeting, and to requesting a 60 -day extension for review. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 C) RESOLUTION 2020-40 APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN INCREASED ELEVATION NEW SINGLE-FAMILY DWELLING — 638 IVY FALLS AVENUE (PLANNING CASE NO. 2020-13) Community Development Director Tim Benetti stated the Council is being asked to consider adopting a resolution approving a Conditional Use Permit (CUP) to LDK Builders, Inc., which would allow the construction of a new single-family dwelling three feet above the previous dwelling structure's elevation on this site. Councilor Petschel stated that for a long time it was rare to have teardowns in Mendota Heights. She stated that now people are willing to tear down older homes in order to build a new home. She explained that the ordinance was written to ensure that the new home would not be raised up to dwarf the existing homes in the neighborhood. She stated that one exception to this would be where there are groundwater issues. Her concern would be the neighborhood further downhill. She stated that it appears there is a depression between the homes and the neighbor has a gutter that drains into that depression. She stated that she would want to ensure that the existing conditions are not exacerbated for the existing neighbor. July 7, 2020 Mendota Heights Cary Council Page 6 of'8 Community Development Director Tim Benetti stated that the old home was set closer to the westerly neighbor and this proposed new placement would allow additional space for grading between the homes. He stated that the applicant is willing to improve that area and ensure that it does not impact the neighbors. He noted that the drainage system will empty to the street and not to the adjacent properties. Councilor Duggan asked how they would ensure that the three feet is not impactful to the neighboring property owners. Community Development Director Tim Benetti stated that staff analyzed the plan to ensure that it would not impact the neighbors. Councilor Duggan commented that he would want to ensure that the engineer for the applicant is working with the City's engineering department to ensure that the drainage would not impact the neighbors. Public Works Director Ryan Ruzek provided additional details on the proposed drainage plan. He stated that the grading to the east would be easily completed. He noted that minimal grading would be required to the back of the home. He noted that to the west there will be a swale that goes out to the street with a retaining wall. He stated that the grading and drainage of the lot will be substantially improved with this project compared to the existing conditions. He noted that the sump pump will be connected to the City drainage system and will run underground. Councilor Miller moved to adopt RESOLUTION 2020-40 APPROVING A CONDITIONAL USE PERMIT TO LDK BUILDERS, INC. FOR THE PROPERTY LOCATION AT 638 IVY FALLS AVENUE. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that restroom facilities at parks are now open for use Monday through Friday and are cleaned daily. Weekend users should plan ahead as the facilities are not open on the weekend. Mayor Garlock stated that the City's 5K walk/run will now be completed virtually over a three-day period. He encouraged participants to run the traditional course. He also encouraged participants to patronize the local businesses, which typically benefit from this event. All proceeds will be donated to Special Olympics of Minnesota. He encouraged everyone to register online or in person at City Hall. COUNCIL COMMENTS Councilor Petschel commended public safety, public works and City staff for continuing to perform throughout the challenges of the past few months. She referenced a recent fire in Mendota Heights and commented on the great job the Fire Department did in handling the fire in a high-risk area. July 7, 2020 Mendota Heights City Council Page 7 of8 Councilor Miller commented that the recent fire was a challenging situation. He commented that it was a great example of how the city benefits from shared resources through the mutual aid agreements in place. He was thankful of the great relationships that the City has built with neighboring communities. Councilor Duggan thanked all the city staff and residents for the great work that has been done in the past few months. He encouraged everyone to stay safe. NURGIS "411 Mayor Garlock moved to adjourn. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Mayor Garlock adjourned the meeting at 6:34 p.m. Neil Garlock Mayor AT—;1'14—'Z TES . Lorri mith City Clerk July 7, 2020 Mendota Heights City Council Page 8 of'8