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2010-06-01 City Council minutesPursuant to due call Heights, Minnesota Heights, Minnesota. CALL TO ORDER June 1, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 1, 2010 and notice thereof, the regular meeting of the City Council, City of Mendota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 Abstain: 1 (Huber) CONSENT CALENDAR Mayor Huber called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Krebsbach, Schneeman, and Vitelli. Absent and excused was Councilmember Duggan. Council, the audience and staff recited the Pledge of Allegiance. City Administrator McKnight requested the removal of Item 9a. Councilmember Schneeman moved adoption of the agenda as amended to remove Item 9a, Case No. 10 -14, Clear Wireless, LLC, 1850 Eagle Ridge Drive, Conditional Use Permit for Wireless Antennas and Ground Equipment. Councilmember Vitelli seconded the motion. Councilmember Krebsbach moved approval of the minutes of the regular meeting held on May 18, 2010, as presented. Councilmember Vitelli seconded the motion. Councilmember Vitelli moved approval of the consent calendar as presented, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the May 25, 2010 Planning Commission Meeting b. Acknowledgement of May 2010 Building Activity Report c. Approval of Employment of Seasonal /Temporary Hires Ayes: 4 Nays: 0 PUBLIC COMMENTS PUBLIC HEARING LIQUOR LICENSES Ayes: 4 Nays: 0 June 1, 2010 Page 2 d. Approval to Enter into an Agreement with the City of Burnsville for Fire Training e. Approval for Purchase of New Squad Car Laptop f. Approval of City Administrator Performance Review Summary Adoption of Resolution No. 10 -36: "A RESOLUTION APPOINTING PARKS AND RECREATION COMMISSIONER" h. Adoption of Resolution No. 10 -37: "A RESOLUTION AUTHORIZING THE 2009 YEAR END TRANSFER" i. Adoption of Resolution No. 10 -38: "A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL ELECTIONS" Approval of Contractors List, dated May 27, 2010 Approval of the List of Claims, dated June 1, 2010, totaling $293,963.22 g. J• k. Councilmember Krebsbach seconded the motion. There were none. Mayor Huber explained that the public hearing is in consideration of the following liquor license applications: On Sale and On Sale Sunday to Teresa's Mexican Restaurant (750 Highway 110); Off Sale to Mendota Liquor (750 Highway 110) and The Wine Market (720 Main Street, Suite 1); On Sale Limited Service Hotel and Special Sunday to Courtyard Management Corporation (1352 Northland Drive); Club On Sale and Special Sunday to Mendakota Country Club (2075 Mendakota Drive) and Somerset Country Club (1460 Dodd Road); and On Sale Wine Institutional to Western Culinary Institute, LTD, dba LeCordon Bleu College of Culinary Arts, Minnesota Room (1440 Northland Drive). Mayor Huber opened the public hearing at 7:03 p.m. and asked for public comments. There being no questions or comments, Councilmember Vitelli moved to close the public hearing at 7:04 p.m. Councilmember Schneeman seconded the motion. Councilmember Vitelli moved to authorize the issuance of the following liquor licenses: On Sale and On Sale Sunday Ayes: 4 Nays: 0 CASE NO. 1044 CLEAR WIRELESS CUP CASE NO. 10 -15, JOHNSON CRITICAL AREA PERMIT June 1, 2010 Page 3 to Teresa's Mexican Restaurant (750 Highway 110); Off Sale to Mendota Liquor (750 Highway 110) and The Wine Market (720 Main Street, Suite 1); On Sale Limited Service Hotel and Special Sunday to Courtyard Management Corporation (1352 Northland Drive); Club On Sale and Special Sunday to Mendakota Country Club (2075 Mendakota Drive) and Somerset Country Club (1460 Dodd Road); and On Sale Wine Institutional to Western Culinary Institute, LTD dba LeCordon Bleu College of Culinary Arts, for the Minnesota Room (1440 Northland Drive). Councilmember Krebsbach seconded the motion. This item was removed from the agenda upon adoption and will be considered at the June 15, 2010, Council meeting. Assistant to the City Administrator Sedlacek reviewed the application from Mark Johnson requesting approval of a critical area permit for the construction of a 144 square foot detached accessory building in the rear yard of his property at 1646 Mayfield Heights Road. The proposed location meets all setback requirements and would not need Planning Commission approval, but the lot is located in the Critical Area and potential impacts to the critical area corridor must be addressed. Staff found no impacts and recommended approval and the Planning Commission concurred with that recommendation. During the public hearing, no comments were received. He advised that upon being asked by the Planning Commission whether he had talked with his neighbors, Mr. Johnson had responded in the affirmative. The Planning Commission put a number of conditions on their approval recommendation, which are listed in the Council packet. Those conditions include: 1. Review and approval by the City Engineer. 2. All construction activities must follow the city's land disturbance guidance document. Councilmember Schneeman stated this is a beautiful back yard and the next door yard has a lovely shed so she supports the application. Councilmember Schneeman moved adoption of Resolution No. 10 -39, "A RESOLUTION APPROVING A Ayes: 4 Nays: 0 CASE NO. 10 -16, HAFFELY CONDITIONAL USE PERMIT AND AND VARIANCE June 1, 2010 Page 4 CRITICAL AREA PERMIT FOR AN ACCESSORY STRUCTURE AT 1646 MAYFIRLD HEIGHTS ROAD." Councilmember Vitelli seconded the motion. Mr. Sedlacek reviewed the application from Dorothy Haffely requesting approval of a conditional use permit (CUP) and variance to allow the construction of a detached garage within the required 30 -foot setback on her property at 1857 Dodd Road. Mr. Sedlacek displayed a site plan to identify the location of the two -stall detached garage and utility building that the applicant would like to remove and replace with a new, three -stall detached garage measuring 748 square feet in size. The code allows a garage of this size; however, the existing garage is located 25 feet from the street and code requires a 30 -foot setback on either side for corner lots. Mr. Sedlacek advised that an exact replacement of the existing garage is allowed under nonconforming structure provisions in the zoning ordinance. However, the expanded area causes the need for a variance to be addressed. The Planning Commission held a public hearing and no public comments were made. There was discussion about whether or not an undue hardship existed, and the commission found that all alternatives had been reviewed and exhausted and unique conditions to this parcel call for the consideration of a variance. The commission adopted a finding that it was the totality of circumstances that made up the unique condition of this property including the age of the home, location of the existing garage, current use of the deck and property, location of the curb cut, and other issues. The Commission recommended approval of the variance for a 25 -foot setback and the CUP on a four ayes, two nays, and one abstention vote. The Planning Commission put a condition on their approval recommendation of the CUP and variance, which is listed in the Council packet. That condition is: • The detached garage shall match the home in color and materials. Councilmember Vitelli asked whether it was a five -foot or eight -foot variance? Mr. Sedlacek stated staff verified on June 1, 2010 Page 5 the Dakota County map that the proposed location is for a 25 -foot setback, so the variance would be five feet. Councilmember Vitelli asked about the hardship finding. Mr. Sedlacek explained the Planning Commission felt the hardship resulted due to the totality of circumstances. The specifics cited included the location of the existing deck. The applicant stated that moving the garage five feet back would cut the property in half and block the view of the back yard from the deck. Another issue discussed was the location of the existing curb cut. It would not be an efficient solution to move the garage to the side. Mayor Huber asked how moving the garage to the side was a hardship. Mr. Sedlacek explained the question posed by the Planning Commission was whether the applicant had considered moving the structure back at an angle to gain the required 30 -foot setback and distance between the existing deck and proposed garage. Councilmember Schneeman stated she viewed the property and thinks removing the existing garage and shed and rebuilding a three -car garage will add to the ambiance of the neighborhood. She indicated that if this is the plan the applicant is comfortable with, she would not vote to deny it. Mayor Huber asked the applicant to address why this is the best location for the proposed three -car garage. Dorothy Haffely, 1857 Dodd Road, stated she has lived in this home for 37 years. The existing garage was constructed in 1948 with a wooden base that is deteriorating and in need of repair, as is the utility building. She explained that she wants to consolidate the two existing structures into one structure. Ms. Haffely stated she often uses the deck and if the new garage is moved back five feet, it would cut the yard in two and obstruct the view of her gardens from the deck. Mark Haffely, the applicant's son, pointed out that the proposed location of the two garage stalls would not impact the footprint of the current garage width or depth. The third garage stall would be in the location of the utility June 1, 2010 Page 6 shed. He stated he will build the structure and his mother would like to have it located in the exact same place. Councilmember Krebsbach stated she finds the proposed structure would be an improvement and most people need a three -car garage to have some space for storage. Mayor Huber asked if the driveway will remain in the same location. Mr. Haffely advised the curb cut would remain the same and the driveway would widen five to six feet to service the third garage stall. Councilmember Vitelli asked if the new garage will be built on the footprint of the existing garage except for the third stall. Mr. Haffely answered in the affirmative. Councilmember Vitelli stated that prior to the meeting tonight he was not convinced a hardship existed, but since the new garage will be built on the existing footprint, with the exception of the extension, he would support the application. Councilmember Krebsbach stated the extension is in the area of the existing shed so this application will result in a better looking building. Mr Haffely advised that the house was restuccoed last year and they would like the proposed garage constructed now so the stucco will age in a similar manner. Councilmember Krebsbach moved adoption of Resolution No. 10 -40, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE REBUILDING OF A DETACHED GARAGE AT 1857 DODD ROAD" and Resolution No. 10 -41, "A RESOLUTION APPROVING A FIVE -FOOT VARIANCE TO THE SIDE YARD SETBACK ABUTTING A STREET FOR THE REBUILDING OF A DETACHED GARAGE AT 1857 DODD ROAD." Councilmember Schneeman seconded the motion. Mayor Huber stated that while he understands the applicant's stated position and that the garage was constructed 60 years ago, he struggles with finding the required variance hardship. He stated he supports Ayes: 3 Nays: 1 (Huber) CASE NO. 10 -17, CROCKER WETLANDS PERMIT CASE NO. 10 -19, STEIN WETLANDS PERMIT June 1, 2010 Page 7 improving the property but noted the applicant has made the choice to construct a significantly larger sized garage and also wants to maintain the current view from the deck. Mayor Huber noted there is an opportunity to do both without the need for a variance. He stated this is the first time the City Council has had the opportunity to validate having a garage this close to the street on this lot and since the existing two structures will be torn down and rebuilt, he struggles to find a hardship. The applicants, Crystal and Tracy Crocker, were not in attendance so the Council moved to the next case. Mr. Sedlacek reviewed the application from William Stein requesting approval of a wetlands permit to install a ground source heat pump at 2465 Westview Terrace. He used a site plan to identify the subject site and proposed location of the geothermal heating trench. Portions of the existing fence will be removed for the installation of this system and then the area restored and the fence reinstalled. It was noted that this application had been heard previously but the applicant was not in attendance to answer the Planning Commission and Council questions. Mr. Sedlacek stated the Planning Commission was generally in favor of the application and found the geothermal system would not have an impact, but concern was expressed about the significant grades on site and finality of the landscape plan to assure the site is brought back to a restored condition. He stated the applicant had previously described the areas outside of the fence as being restored to a natural state and that has occurred. With this application, the applicant has indicated the same will occur. There were no public comments at the public hearing. The Planning Commission put a number of conditions on their approval recommendation, which are listed in the Council packet. Those conditions include: 1. A site plan indicating the proposed resulting contours be submitted for review. 2. A detailed landscape plan shall be submitted and approved by staff. June 1, 2010 Page 8 3. All construction/excavation work must be located outside of the platted easement area. 4. All construction activities must follow the land disturbance guidance document. Councilmember Krebsbach asked if this was a new application? Mr. Sedlacek clarified that the original application was withdrawn so a new application was made for the same work. Councilmember Krebsbach asked what is different with this application? Mr. Sedlacek stated that details on the exact location and size of the trench and equipment have been provided. Councilmember Krebsbach asked if the contractor guarantees that heat does not emit from the pipes? William Stein, 2465 Westview Terrace, the applicant, explained the heat transfer process for the installed piping to absorb ground heat, which is a constant 50 degrees, and how the heat pump would substantially reduce the heating and cooling costs. He advised that the trench will be eight feet deep and this system would not use the vertical trench method. Mr. Stein stated the final landscaping will also fix the grade to better drain away from the house. Councilmember Krebsbach stated support to consider an abandonment clause that when this system is no longer in use, it will be removed. She noted the trench covers a fairly large area and a new owner may want to change the terrain or plant trees. Mr. Stein stated the piping is installed at a depth of eight feet so there would not be a problem with planting trees on the trench area. He stated he does not know how the system would be abandoned and it is their intention to use the system for a long time because it is extremely energy efficient, cutting their heating /cooling costs from $2,400 to $800 per year. Acting Public Works Director /City Engineer Ruzek noted this consideration may be similar to the number of septic systems in older neighbors that are abandoned but not removed. However, there may be a state requirement to disclose an abandoned ground source system. June 1, 2010 Page 9 Mayor Huber asked whether any material in the underground structure would be considered hazardous. Mr. Stein stated the pipes will contain water with a safe biodegradable type of antifreeze and the pipes are high density polyethylene similar to hard black culvert pipe material so nothing will rust, corrode, or leach into the soil. Councilmember Krebsbach asked whether the contractor provides a guarantee the trench will be only six feet deep and trees can be planted over that area? Mr. Stein stated he can confirm that with the contractor and clarified the pipes will be eight feet deep and that a parking lot or driveway can be placed over the area. Mayor Huber stated planting trees is not an issue since sewer lines are also placed at that depth. Councilmember Vitelli asked about settlement over the trenched area and whether a condition should be added to require repair should settlement occur? Mr. Stein stated the trench is 125 feet long and 18 feet wide. Mr. Ruzek noted the city has requirements for contractors that install utilities to require compaction in three foot lifts to assure it will not settle in the future. Councilmember Vitelli stated support to add such a condition since settlement can occur over several years. Councilmember Krebsbach stated she also supports that condition, noting there will be similar requests in the future. Councilmember Vitelli asked if the contractor guarantees energy savings. Mr. Stein answered in the affirmative and stated he also thinks the city will see additional applications since there are attractive energy savings. Councilmember Vitelli stated another resident with this type of system had indicated there was not a cost savings because of increasing electric costs. Councilmember Schneeman asked Mr. Stein why he became interested in this type of heating system? Mr. Stein stated he is a civil engineer, interested in environmental issues, and had learned of the state and federal incentives. June 1, 2010 Page 10 Mr. Stein explained that their landscape plan will reduce the amount of turf and create more mulched areas for native and perennial plantings, so settlement, if it occurs, will not be as difficult to address. Councilmember Krebsbach stated that while she supports an abandonment clause, it is not in the current ordinance so she would not propose it for this application. Councilmember Schneeman noted the current conditions address the landscape plan. Mr. Stein explained that if settlement occurs in several years, he would have to make the correction. Councilmember Vitelli moved adoption of Resolution No. 10 -42, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR THE INSTALLATION OF A GROUND SOURCE HEAT PUMP AT 2465 WESTVIEW TERRACE," subject to the applicant employing the city's compaction specifications to ensure the trench does not settle. Councilmember Schneeman seconded the motion. It was noted applicants, Crystal and Tracy Crocker, were still not in attendance. However, the Council indicated a willingness to consider the application since the planting of willow trees is compatible with the wetlands. It was noted that Crystal and Tracy Crocker are requesting approval of a wetlands permit to plant two weeping willow trees in the rear yard at 665 Hidden Creek Trail, within the required 70 -foot wetland buffer. The Planning Commission put a number of conditions on their approval recommendation, which are listed in the Council packet. Those conditions include: 1. Review and approval by the City Engineer. 2. All construction activities must follow the city's land disturbance guidance document. Councilmember Vitelli moved adoption of Resolution No. 10 -43, "A RESOLUTION APPROVING A WETLANDS PERMIT TO PLANT TREES IN THE WETLAND BUFFER AT 665 HIDDEN CREEK TRAIL." Ayes: 4 Nays: 0 COUNCIL COMMENTS ADJOURN Ayes: 4 .) Nays: 0 June 1, 2010 Page 11 Councilmember Schneeman seconded the motion. Councilmember Schneeman commented that she had enjoyed seeing a mom with an apron on and jeans rolled up playing ball with her children in their front yard today. Mayor Huber reminded all of the upcoming Mendota Heights Park Celebration this Friday, June 4, 2010, that will include a 5K Run/Walk on Saturday. Councilmember Krebsbach noted that Mayor Huber, who has done an excellent job, has chosen not to run for re- election. She announced that she will run for Mayor and if elected, it would be a great honor in being the first woman Mayor in Mendota Heights. Councilmember Krebsbach stated her intention to not do any campaigning until the filing date. There being no further business to come before the Council, Councilmember Schneeman moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 7:37 p.m. AT ST: te Vitelli - Acting Mayor K a Teen M. Swanson City Clerk Prepared by Carla Wirth, Recording Secretary