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2008-04-01 City Council minutesApril 1, 2008 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 1, 2008 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 3 Nays: 0 APPROVAL OF MINUTES CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councihnembers Krebsbach and Vitelli. Councilmember Duggan is had notified Council he would be absent and Councihneinber Schneeman notified Council that she would be late. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Vitelli moved adoption of the agenda as presented. Councilmember Krebsbach seconded the motion. Mayor Huber postponed action on the minutes until Councilmember Schneeman is present. Councilmember Krebsbach moved approval of the consent calendar as presented, pulling item g, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the March 25, 2008 Planning Commission Meeting. b. Acknowledgement of a check from NDC4 for 25% of the Franchise Fees collected from Comcast in fiscal year 2007. c. Acknowledgement of February and March Building Activity Report. d. Authorization for the Seventeenth Annual Celebrate Mendota Heights Parks. April 1, 2008 Page 2 e. Authorization for Hiring of 2008 Temporary / Seasonal Positions at Par 3. f. Authorization for Purchase Order for Replacement Work/Task Chairs in Administration and Engineering. g. Authorization for Purchase Orders for City Hall Indoor Air Quality Control. h. Authorization for Purchase of Investigator Vehicle. i. Approval of Out of State Training. j. Approval of the List of Contractors, dated March 27, 2008. k. Approval of the List of Claims, dated April 1, 2008, totaling $110,555.51. Councilmember Vitelli seconded the motion. Mayor Huber pulled Item 6g for discussion. Mayor Huber said Councilmember Vitelli talked to staff on this item. Councilmember Vitelli said he was at Honeywell for 30 years, and was involved in this type of business. The proposal from staff is to clean the air ducts in this building, which have not been cleaned in 20 years. Councilmember Vitelli said this work should be done, but the second part of the proposal is to install in -duct ultraviolet lighting systems which would provide some improvement in the air quality. Councilmember Vitelli suggested that the air ducts get cleaned first, and then see what happens in the fall. Cleaning may take care of the problems, and he suggested delaying the second part until it is determined that it is still a problem. Councilmember Vitelli moved to authorize the City Administrator to issue a Purchase Order for the ducts to be cleaned and repaired at an estimated cost not to exceed $13,000. The Purchase Order for the UV emitters at a cost not to exceed $4,500 will be put on hold until it is deemed necessary at a later date. Councilmember Krebsbach seconded the motion. Mayor Huber noted the recent passing of William Gallagher, who was a long time temporary employee at the Par 3 Golf Course. CASE NO. 08 -07, SCHUSTER April 1, 2008 Page 3 Assistant to the City Administrator Jake Sedlacek introduced the application for a lot split at 1900 Wachtler Avenue. Mr. Sedlacek said this application is familiar as the applicant had originally sought a lot split before the moratorium was established. The applicant then decided to split off one lot after that moratorium, and is now seeking to split off one more lot. This lot is zoned single family residential and on the corner of Wachtler and Hilltop. Mr. Sedlacek reviewed the site map and talked about the history of this property. Mr. Sedlacek said the applicant lives in the existing home. This proposed new lot is to the south and will have 110 - feet of frontage and 16,000 square feet. The property exceeds the lot width and area requirements. The Planner reviewed the case and found it complies with all code requirements and recommended approval of the lot split with the following recommendations: 1. The park dedication requirement be satisfied as a cash fee in lieu of land. The original resolution that went to the Planning Commission would have required that the fee be paid before the building permit is requested. Typically, park dedication fees are required at the time of the lot split. 2. Connection charges for the street and sanitary sewer and water main shall be paid for prior to issuance of building permit. 3. The applicant shall submit a grade and topography plan and a utility plan subject to review and approval by the City Engineer. 4. Drainage and utility easements — utilities are already in the right of way along Wachtler so this is not an issue. Staff recommends removing this condition. Mr. Sedlacek said the Planning Commission has reviewed this application and voted 6 -0 to recommend approval. There was no public input. Ayes: 3 Nays: 0 CASE NO. 08 -08, SOLMON (ST. THOMAS ACADEMY) April 1, 2008 Page 4 Public Works Director Sue McDermott recommended that one of the requirements be that the connection charges for street and utilities also be paid at the time of the lot split. This is what was done for the last lot. Councilmember Vitelli moved adoption of Resolution No. 08 -18: "A RESOLUTION APPROVING A LOT SPLIT AT 1900 WACHTLER AVENUE," with the condition that connection charges be paid at the time of the lot split. Councilmember Krebsbach seconded the motion. Mayor Huber asked if any one in the audience wished to speak to this issue. Seeing no one, he called for the question. Mr. Sedlacek reviewed a map of the land owned by St. Thomas Academy. The applicants are seeking a conditional use permit and wetland permit at 949 Mendota Heights Road to install artificial turf in their stadium, which will cause an increase in storm water runoff Mr. Sedlacek said there is already a pond to collect run off that will be needed to be expanded by more than 600 cubic yards, creating a need for the conditional use permit and because it is in the wetland area, it requires a wetlands permit. The Planning Commission voted 6 -0 (Commissioner Viksnins was not in attendance) to recommend approval of the Planner's recommendation to approve the conditional use permit and the wetlands permit. Assistant Engineer Ruzek indicated that the proposed changes would not have an impact on Rogers Lake and the pond will not be a risk to the public. Mr. Sedlacek reviewed the findings of fact and the Planning Commission's conditions in the staff report. April 1, 2008 Page 5 Councilmember Krebsbach asked for clarification on the location of the pond. Councilmember Krebsbach asked if there are any plans for additional sheets of ice. Mayor Huber asked Ms. McDermott if she is comfortable with this application. Ms. McDermott said she is. Mr. Paul Solmon, Director of Facilities for St. Thomas Academy was present for the discussion. Councilmember Krebsbach said at one time, the Council reviewed a sketch indicating that there will be another sheet of ice at the hockey rink. Mr. Solmon said to the best of his knowledge, there are no plans to add another sheet. Councilmember Krebsbach said she is concerned that as the academy builds out the campus, she would like to know how the stolid water will be handled. Mr. Solmon said the smaller pond was a cooling pond that was added to gather the run off from the parking lot when the hockey arena was added. This could be expanded as well. Mayor Huber said that any additional hard surface added to this property will have to be reviewed for the run off impact. Mr. Solmon said another option that has been talked about is adding underground culverts that will provide additional holding for possible reuse as an irrigation source. Councilmember Krebsbach asked if there are any others in Mendota Heights. Ms. McDermott said there are none. Councilmember Krebsbach said St. Thomas Academy has been true to their word and has done an excellent job with their campus development. Councilmember Vitelli moved adoption of Resolution No. 08 -19: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLAND PERMIT AT 949 MENDOTA HEIGHTS ROAD." Ayes: 3 Nays: 0 CASE NO. 08 -09, AWADA /ANSION April 1, 2008 Page 6 Councilmember Krebsbach seconded the motion. Mr. Sedlacek reviewed a map depicting the addresses of 760, 766, 754 and 750 Upper Colonial Drive. Mr. Sedlacek said the applicants are the owners of properties at 760 and 766 Upper Colonial Drive. The applicants, Mr. Walter Awada and Mr. Tad Anzion are asking for a lot line adjustment to allow Mr. Anzion more land on the east side of his property as Mr. Anion's house runs on the existing lot line. Mr. Awada has agreed to sell this portion of his land to Mr. Anzion. Mr. Sedlacek explained how the property lines will be changed and gave a history of how this situation evolved. Mr. Sedlacek also explained how there is an easement on the Awada's property to the east as the Weinblatt's at 754 Upper Colonial Drive did not wish to sell the property, but agreed to have an easement over their property to allow the encroachment of the Awada's home. Mr. Sedlacek said this case has a unique hardship which is not due to the homeowner and there are no other solutions to this problem. Staff feels this is an appropriate variance for the lot width and lot area to the Awada home as this lot line adjustment will reduce the size and width of the Awada property. Mr. Awada is trying to sell his property, and the bank requires that this lot line adjustment be made. The Planning Commission agreed with the Planner's recommendation and voted 6 -0 (Commissioner Viksnins was absent from the meeting) to recommend approval of the lot line adjustment and variance to the lot width and lot area with the following conditions: 1. A copy of the easement between the property owners of Parcel B (Awada) and Lot 9, Cherry Hill shall be submitted to the City. 2. The strip of land conveyed to the property owners on Parcel A (Anzion) shall be combined with the remainder of the property (Lot 7, Block 7 Cherry Hill). April 1, 2008 Page 7 3. An updated survey shall be submitted to the city for its records, indicating the correct lot widths — the maximum horizontal distance between the side setbacks and lot areas for Parcel B without the lot line adjustment on the east property line; indicating the proposed easement between Parcel B and Lot 9, Block 7 Cherry Hill. Mr. Sedlacek said the setbacks are fine and indicated how the lot line interferes with the Anzion's home, and indicated how the new lot line will resolve that problem. Mayor Huber said he is less convinced on the need for the easement, which would make this lot smaller, but it's already been developed. Mr. Sedlacek said it was because Mr. Awada wants to sell his home and this needs to be done to satisfy the bank; the bank is not satisfied because the lot line is under the home. City Attorney Tami Diehm said ideally, each house should be located on its own lot, and this property needs to acquire the right to have the house next door and the easement is a private agreement between the two parties, and is not subject to anything the City needs to deal with. On the other side, the applicant is selling a portion to try to bring the lot into conformity. The lot line adjustment creates a non - conformity with the setbacks. If the property owner to the east would acquire the area in the easement, then that lot would be a conforming lot. Ms. Diehm said the Anzions cannot technically walk along the side of their home without trespassing on the Awada property, so the Awada's are selling that strip to the Anzions. Mr. Sedlacek said the action is to approve the lot line adjustment, not the easement. Councilmember Krebsbach said this map is not correct. Mr. Sedlacek said that is one of the conditions, to obtain a correct survey explaining the lines and easements. Councihmember Krebsbach asked staff to make sure the drawings and other infoiination submitted is accurate. April 1, 2008 Page 8 Ms. Diehm said it may be the case that the bank will not be satisfied until this lot line is adjusted because there may be a fence on the property line. Councilmember Vitelli said he wants to be sure the applicant is satisfied with this resolution. The applicant was in the audience and she said she was in agreement with this. Councilmember Krebsbach moved adoption of Resolution No. 08 -20 "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT AND VARIANCES TO THE LOT WIDTH AND LOT AREA." Councilmember Vitelli seconded the motion. Mayor Huber asked for any corrections to the minutes. It is noted that Councilmember Schneeman is not in attendance at this time. Councilmember Krebsbach referred to page 6 and made a correction to her statement about the 1:00 closing. Councilmember Krebsbach clarified her intent that she posed a question to Councilmember Schneeman if she was interested in restricting them as well. Councilmember Vitelli moved to approve the minutes of March 18, 2008 as presented. Commissioner Krebsbach seconded the motion. Councilmember Krebsbach said she was at the high school basketball finals tournament on Saturday night and unfortunately, St. Thomas did not prevail but it was a great game. Councilmember Krebsbach said Henry Sibley played against Minnetonka which was an incredible game with Henry Sibley dominating the game. Councilmember Krebsbach connnended both schools for their enthusiasm and conduct. ADJOURN Ayes: 3 Nays: 0 April 1, 2008 Page 9 Councilmember Krebsbach commended the fire department for their actions on a neighbor's house fire. Councilmember Vitelli commended the schools for their success in the tournaments. There being no further business to come before the Council, Councilmember Krebsbach moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 8:15 p.m. .7) (//7 / btel4 '-"/Rebecca Shaffer Recording Secretary