Loading...
2021-05-04 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 4, 2021 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota, CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Duggan moved adoption of the agenda. Councilor Miller seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Duggan moved approval of the consent calendar as presented, pulling item e. for a separate vote. a. Approval of Apri12Q 2021 City Council Minutes b. Approval of Apri128, 2021 Council Work Session Minutes c. Acknowledgement of the February 23, 2021 Planning Commission Meeting Minutes d. Acknowledgement of the March 23, 2021 Planning Commission Work Session Minutes e. Appointment of City Representatives to Serve on the MSP Noise Oversight Committee f Approve Interior Painting Quote for Public Works Facility g. Approve Resolution 2021-37 Final Payment for Eight Contracts for Fire Station Addition/Remodel h. Approve March 2021 Fire Synopsis i. Approval of Claims List Councilor Paper seconded the motion. Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye PULLED CONSENT AGENDA ITEMS E) APPOINTMENT OF CITY REPRESENTATIVES TO SERVE ON THE MSP NOISE OVERSIGHT COMMITTEE Mayor Levine acknowledged those individuals that will serve on the Noise Oversight Committee and as alternates. City Administrator Mark McNeill stated that for the past four years Councilor Miller has served as the primary representative but due to his work schedule it is recommended that Assistant City Administrator Cheryl Jacobson be appointed to serve. Mayor Levine thanked Councilor Miller for his service and welcomed Assistant City Administrator Cheryl Jacobson to the position. She also thanked the willingness of those serving as alternates. Councilor Duggan moved to approve APPOINTMENT OF CITY REPRESENTATIVES TO SERVE ON THE MSP NOISE OVERSIGHT COMMITTEE. Councilor Mazzitello seconded the motion. Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye I�if�IJCK�Z� u�I��IIK Bernard Friel, 750 Mohican Lane, stated that he viewed the one hour and 54 minute training that was recently provided to the Planning Commission and believed it was a great training session. He hoped that additional sessions on PUD, CUP, Comprehensive Plan, and zoning would be conducted. He stated that the City has a representative to the Metropolitan Council but doubted that the Council has ever met with that representative or has knowledge of how that representative is supposed to represent the City. He hoped that the Council and City are tracking both positive and negative aspects of recent development activities within the City and neighboring communities. May 4, 2021 Mendota Heights City Caazncil Page 2 of 6 PUBLIC HEARING A) APPEAL OF ZONING DECISION FOR MASSAGE THERAPY USE AS A HOME OCCUPATION IN THE R-1 FAMILY RESIDENTIAL ZONE (RESOLUTION 2021-36) Community Development Director Tim Benetti explained that the Council was being asked to consider a resolution affirming a decision from the Board of Appeals denying an appeal to allow a massage therapy business as a home occupation in the R-I Family Residential District. The Appellant is Ms. Julie Olson. Councilor Paper asked if the renovation of the barn included a certificate of occupancy for people to live there. Mr. Benetti stated that the CUP was approved to allow the barn to be used as living space, but the Council indicated that this would be considered an accessory structure because it was being utilized as a guest house and is not used year-round. Councilor Paper asked what the City calls this type of structure. Mr. Benetti replied that this is considered an accessory structure. He stated that the structure is setup for living space with plumbing, mechanicals, a bedroom, and kitchen set but is not insulated for year-round use. Councilor Duggan asked if there is any underlying zoning or description indicating that this property is indeed a residence. Mr. Benetti commented that the driveway does split to provide service to each structure. He stated that there is also an asphalt parking pad in front of the barn. Councilor Duggan asked and received confirmation that the property is not within a bluff area. He stated that this seems to be an accessory structure and not a principal residence. He stated that he would like to see the records from 2011 when this use was approved. Councilor Duggan moved to open the public hearing. Councilor Mazzitello seconded the motion. Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Ms. Julie Olson, applicant, stated that she has been a massage therapist for the past 18 years and has maintained a license in good standing at each location she has worked. She stated that during the last appeal decision and ruling there were possible options discussed which included a single use variance for this property. She stated that she is open to any questions the Council may have. Councilor Paper asked if there has been any discussion with the neighboring property owners and whether they are aware of the request. Ms. Olson replied that she understands that neighboring properties were notified with a letter from the City and that no questions arose. May 4, 2021 Mendota Heights City Cocutcid Page 3 of 6 Councilor Paper asked why the barn is being requested rather than a typical retail outlet. Ms. Olson replied that the property owners have been clients of hers for many years and they offered this location for her to use for her business. She stated that during the closures with COVID, she has had concern with whether she would be able to make enough money to stay at her current location. The property owners wanted to ensure she could continue her business and offered this as an alternative for her. Councilor Duggan asked if anyone was present at the Planning Commission meeting from the community that supported this request. Ms. Olson replied that no one else attended the meeting outside of herself and the property owner. Mayor Levine thanked the applicant for attending tonight and providing additional input. There being no one else coming forward to speak, Councilor Miller moved to close the public hearing. Councilor Mazzitello seconded the motion. Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Councilor Duggan commented that staff did a nice job putting together these materials and presenting the case, as did the Planning Commission in its review. He stated that he has not found anything to appeal the decision as found by the Board of Appeals. Mayor Levine stated that this is a beautiful property and can understand why this would be requested but did not see a compelling reason to provide a single use variance from the zoning regulations. Mr. Benetti replied that State law prohibits a single use variance, noting that it is not allowed for a use that is not permitted. He stated that the other alternative would be to allow massage therapy within the zoning district but noted in the most recent review of the zoning regulations there was no support to allow this use within this zoning district. Councilor Duggan moved to adopt RESOLUTION 2021-36 AFFIRMING A DECISION FROM THE BOARD OF APPEALS DENYING AN APPEAL TO ALLOW A MASSAGE THERAPY BUSINESS AS A HOME OCCUPATION USE IN THE R-1 FAMILY RESIDENTIAL DISTRICT. Councilor Mazzitello seconded the motion. Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye May 4, 2021 Mendota Heights City Coamcil Page 4 of 6 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-35 APPROVING A VARIANCE FOR 573 HIAWATHA AVENUE — DALE KRYSTOSEK Community Development Director Tim Benew explained that the Council was being as to adopt a resolution approving a variance to reduce the setbacks from the side yard and rear yard areas, in order to construct a new detached garage on a residential property. The property is located at 573 Hiawatha Avenue and is owned by Mr. Dale Krystosek. Councilor Miller commented that he believes that this will be a fantastic garage and addition once built. He commented that the existing garage does not look safe and believed that the new garage would be quite an improvement and recognized that the homeowner is willing to invest in that improvement. Councilor Mazzitello recognized the thorough staff report and the diligence that is put into the review of a variance request. He commented that this is not abnormal for this neighborhood. He stated that the new garage would hold the same setback lines as the existing garage and would be an improvement to the property, therefore it is reasonable. Councilor Duggan moved to adopt RESOLUTION 2021-35 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 573 HIAWATHA AVENUE. Councilor Mazzitello seconded the motion. Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced the See a Truck event which will be held on May 15`h at Mendakota Park. COUNCIL COMMENTS Councilor Miller stated that he looks forward to seeing everyone in person at the second meeting in May. Councilor Mazzitello commented that spring has sprung and brought about increased pedestrian, bicycle and motorcycle traffic He encouraged drivers to be aware of their surroundings and slow down. Councilor Paper commented that he is also looking forward to seeing everyone in person at the next meeting. May 4, 2021 Mendota Heiglets City Counei( Page 5 of 6 Councilor Duggan recognized the upcoming Cinco de Mayo and wished everyone blessings and happiness. He also recognized the value and importance of teachers and applauded those that provide that service. He wished everyone happy gardening days. He also recognized the resident comment related to increased training for elected and appointed officials. Mayor Levine thanked the community groups that participated in the city-wide cleanup for Arbor Day. She also recognized the No -Mow May experiment and noted that additional details can be found online. She recognized the work of Community Development Director Tim Benetti in preparation for tonight's meeting. ADJOiJRN Councilor Duggan moved to adjourn Councilor Mazzitello seconded the motion. Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Mayor Levine adjourned the meeting at 6:42 p.m. Step anie levirle Mayor ATTES Lorri Smith City Clerk May 4, 2021 Mendota Heights Ctty Council Page fi of 6