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2007-07-03 City Council minutesJuly 3, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 3, 2007 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 Ayes: 3 Nays: 0 CONSENT CALENDAR 1 Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan and Krebsbach. Councilmembers Schneeman and Vitelli were excused. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Krebsbach moved adoption of the agenda as presented. Councilmember Duggan seconded the motion. Councilmember Duggan moved to approve the minutes of the June 19, 2007 City Council Meeting as revised. Commissioner Krebsbach seconded the motion. Councihnember Duggan moved approval of the consent calendar as presented, pulling items f, h, and k for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the June 26, 2007 Planning Commission Meeting. b. Acknowledgement of the Table Top Exercise Continuity of Govermnent for Pandemic Flu. c. Authorization for Purchase of a Toro Aerator and a Jacobson top-dresser/utility cart for $9,000 from Cashill/Spaulding LLC for use at Par 3. d. Approval for Councilmember Duggan's attendance at the Annual N.O.I.S.E. Conference in Atlanta, Georgia. e. Approval for Temporary/Seasonal appointment of Par 3 Staff and approval of job descriptions for Golf Course Clubhouse Worker, Golf Course Maintenance Ayes: 3 Nays: 0 ITEMS PULLED FOR FURTHER DISCUSSION July 3, 2007 Page 2 Worker and Golf Course Manager. f. Approval of 2nd Amendment to Development Agreement for Town Center. Adoption of Resolution No. 07-59, "A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A MAINTENANCE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF THE DITCH AND DRAINAGE STRUCTURE AT TH13 AND WACHTLER ROAD." h. Adoption of "A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR MENDOTA PLAZA." (Royal Star Furniture) i. Adoption of Ordinance No. 414, "AN ORDINANCE AMENDING ORDINANCE NO. 242. "(Special Fire Suppression Chapter) Approval of the List of Contractors. Approval of the List of Claims dated July 3, 2007 and totaling $201,377.20. g. J. k. Councilmember Krebsbach seconded the motion. Item f.: Councilmember Krebsbach said this was an amendment that she and Councilmember Vitelli, along with Staff, have been working on. These plans have been found to be acceptable and be in the City's best interest with some provisions that are more favorable to the City than what was in the original agreement. Councilmember Krebsbach said word has come back from Councilmembers Schneeman and Vitelli in support of this agreement. Councilmember Krebsbach said Councilmember Duggan has some edits that he would like to have incorporated into the amendment, and the edits are not substantive. Councilmember Krebsbach said at this time, the City Council will be approving the document signed by Ross Fefercorn on Friday, June 29, 2007 as submitted in the Council packets. Should the proposed edits be acceptable to him, they can be then incorporated into the document. Councilmember Krebsbach moved to authorize the Mayor and City Clerk to execute the 2nd Amendment to Contract for Private Redevelopment submitted on Friday, June 29, 2007 Councilmember Duggan seconded the motion. July 3, 2007 Page 3 Mayor Huber thanked Councilmembers Krebsbach and Vitelli and staff for all their hard work on this project. Item k.: Councilmember Krebsbach said one of the things Council was not going to move forward on is the claim for up to $25,000 on the Village's landscaping until all other issues were taken care of. Councilmember Krebsbach moved approval of the List of Claims for July 3, 2007 as presented. Councilmember Duggan seconded the motion. Item h.: Councilmember Duggan said he noticed in reading the material for this resolution that the proposed signage criteria was actually developed by Mendota Plaza and what they are proposing conflicts with this own signage language, which says specifically "would identify the naive of the business and purpose of the business." Councilmember Duggan pointed out that one of the proposed signs says "Unique Gifts." Councilmember Duggan said he is not comfortable with the language identifying items other than what is the main purpose of the store, which in this case, would be furniture. Councilmember Duggan said he supports the changes they are planning on doing to the signage on the front indicating there is furniture, but does not support the idea of additional signage at the back of the building identifying what might be sold there. The second condition in the resolution talks about requiring the applicant to take down the unapproved signage. Councilmember Duggan suggested that the condition be amended to require removal of the all unapproved signs at the same time as the new signs are installed. Councilmember Krebsbach recalled that she did not support the signage for the hardware store and there was a lot of discussion on this topic. Councilmember Krebsbach said that, unfortunately, the hardware store received approval to get all the signage they wanted. Councilmember Krebsbach said she will not be supporting this request as it is going in the wrong direction and the entire Mendota Plaza needs to have a good look and a good plan. July 3, 2007 Page 4 Assistant to the City Administrator Jake Sedlacek said it is his understanding that the nature of the language has been approved and signed off by Mr. Paster. Councilmember Duggan said he has no problem with the large sign identifying the store's name, but he has concerns with the smaller signs that are being proposed such as "Unique Gifts," "Beds," "Furniture," and sale items. Because this would not reflect the characteristics of Mendota Heights, he thinks there should be some control over this type of signage. Councilmember Duggan referred to the sign criteria document that was prepared by Paster Enterprises which states in item B.1, "Tenant's signs shall be store identity signs only. The use of Tenant's logos will be permitted, if approved." Because of this language, Councilmember Duggan said he is not in total support of this application. Mr. Sedlacek said it was his understanding that the particular signs are to be placed on the front of the building, not on the back. Mayor Huber suggested that some research should be done to find out what the previous Council's discussions were at the time this document was created, and what their thoughts were. Mr. Jim Fuller, SignARama, said he has not been contracted to do any signage on the back of the building. Mr. Fuller said the box signs are re-faces and the items (the smaller signs) would be in those boxes. These signs are being suggested for the purpose of seeing what is allowed and what is not allowed. Councilmember Krebsbach said these boxes were the same that the hardware store used. Mr. Fuller said they are trying to recycle the boxes as they were the least expensive thing to do. Councilmember Krebsbach said she did not think these boxes were a good idea to begin with and would like to have the City Attorney review this plan for the next meeting. This would give the applicant more time to work on another plan that would not have so much signage. Councilmember Krebsbach said the proposed signage, in the boxes, would not be a favorable option, and she would like to see only the "Royal Star Furniture" on the building. Councilmember Duggan asked Mr. Fuller if he read the Sign Criteria document that was received from Mendota Plaza. Ayes: 3 Nays: 0 PUBLIC COMMENTS CASE NO. 07 -19, NAPIER July 3, 2007 Page 5 Mr. Fuller said he has. Councilmember Duggan asked Mr. Fuller if he was in agreement that the document is in conflict with the plans. Mr. Fuller said he did not fully understand the document. Mayor Huber asked Staff to do some further research on this project. Mr. Sedlacek said the applicant has enough time to continue this case until the next meeting. City Attorney Tami Diehm said she would like to have the opportunity to review this document with Mr. Sedlacek. Councilmember Krebsbach said it would be good to research past Council minutes. Ms. Diehm said staff's role for the City is limited to reviewing the applicability to the City's ordinances and provisions and making sure the applicant is complying, but Staff will look into other documents as requested. Councilmember Duggan moved to table discussion until more materials are brought forward for consideration. Councilmember Krebsbach seconded the motion. Allen Olson, 2153 Fox Place, a neighbor to the Fischerville Coffee Shop, stated that the owners of the coffee shop are raising chickens in the back yard. Mayor Huber said this would fall in the category of a code violation and Council will have Staff address the issue. Mayor Huber thanked Mr. Olson for his time to come to Council to raise this issue. Mr. Sedlacek gave an update on the City's fireworks celebration at Mendakota Country Club. Councilmember Krebsbach explained the history of the fireworks shows. Councilmember Duggan gave an update on Ms. Nora Ali as she won the 2007 Minnesota Jr. Miss pageant. Councilmember Duggan suggested having Ms. Ali and her family attend a council meeting to be officially recognized. Mr. Sedlacek introduced the application from Dodge Nature Center proposing to construct a screened 14 -ft by 20 -ft accessory structure at 555 Huber Drive. The building is larger than the code allows in the R -1A residential district. The parcel is just over 5 acres and the standards for the conditional use permit is 225 sq. ft. per building and 425 sq. ft. for total buildings. The applicant is proposing to construct July 3, 2007 Page 6 a 280 sq. ft. building, which exceeds the permitted area of 225 sq. ft. The combined buildings will total to 691 sq. ft., which exceeds the permitted area of 425 sq. ft. A variance is requested to allow the proposed structure to be located closer to the right of way /front property line. The Planning Commission voted unanimously to recommend approval and felt this was a good use for the property. Councilmember Krebsbach asked if there were any complaints received. Mr. Sedlacek and Police Chief Aschenbrener said they have not received any. Councilmember Krebsbach said she received a call from a resident, who did not identify himself, asking if the City ever approves a larger accessory structure than what is required in the ordinance. Councilmember Krebsbach said she is not sure if this person was in opposition to this proposal or not. Councilmember Duggan said the call came from Dave Olson, as Mr. Olson contacted Councilmember Duggan as well. Councilmember Duggan said Mr. Olson was not notified as the Council had previously discussed this at the February workshop and it was decided that each request would be pursued on an individual merit basis. Mayor Huber said Mr. Olson was not in opposition to this application. Mayor Huber asked if there was any one in the audience present in opposition to this application. No one carne forward wishing to speak. Councilmember Duggan asked where the parking will be. Mr. Napier, applicant, explained on the map where the parking would be. Councilmember Duggan said there is currently a gravel driveway and he would not support at blacktopping of that driveway. Councilmember Duggan moved adoption of Resolution No. 07 -60, "A RESOLUTION APPROVING CONDITIONAL USE PERMITS AND VARIANCE FOR A SCREENED BUILDING AT 555 HUBER DRIVE" as presented. Councilmember Krebsbach seconded the motion. July 3, 2007 Page 7 Mayor Huber said Staff has been working on what applications are coming in for much larger sheds versus not so large sheds, and will be bringing this information to a future Planning Commission meeting. Mayor Huber said the City is putting people through nominal costs to allow for larger sheds and he would like to have some discussion on this ordinance. CASE NO. 07 -20, CLOSEMORE Mr. Sedlacek reviewed the application for a variance to allow for the construction of a screened porch at 683 3rd Ave. Mr. Sedlacek said the map indicates how limited the applicant is to place such a structure. The garage is actually placed along the side property line, but the front yard setback is in compliance. This home was built in 1952. The applicant has looked at other options, but found no other were feasible as his wife is wheel -chair bound and has limited access. The Planning Commission unanimously recommended approval of this case stating the hardship was created due to the unique circumstances of the property, and this is a reasonable use of the property adoption of Resolution 07 -61, "A RESOLUTION APPROVING A 7' VARIANCE TO THE SIDE YARD SETBACK FOR A SCREENED PORCH AT 684 3RD AVE" as presented. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CASE NO. 07 -21, MENDAKOTA Public Works Director Sue McDermott reviewed the COUNTRY CLUB wetland permit application in which Mendakota Country Club would like to expand a pond along the 13th fairway. Ms. McDeitilott said this pond is separated by a trail from Rogers Lake and is in no way connected to the lake. The applicant will be excavating about 3,800 cubic yards of material. There will be no negative impact on the existing wetland, and they will be placing a new buffer along the wetland area as well. Ms. McDermott said that as part of this work, the applicant will be working with a consultant to delineate the wetland and prepare the final reports. Ayes: 3 Nays: 0 CASE NO. 07 -22, FARLEY July 3, 2007 Page 8 The Planning Commission has unanimously recommended approval of this application. Councilmember Krebsbach asked Ms. McDermott if she sees any issues with this application. Ms. McDermott said she does not. Councilmember Duggan said the applicant will be moving the dirt to another area of the property and will not need to obtain a fill permit. Councilmember Duggan moved adoption of Resolution 07- 62, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR MENDAKOTA COUNTRY CLUB." Councilmember Krebsbach seconded the motion. Mr. Sedlacek introduced the proposal in which the applicant is requesting a 3' variance to the side yard setback at 771 Pondhaven Road. The application is looking to add 6 feet to the existing garage which will add storage space to the existing two -car garage, as well as a second story to create two additional bedrooms. Mr. Sedlacek reviewed the layout of the proposed addition, and explained how there would be no other alternative locations to place this addition. Mr. Sedlacek noted the existing landscaping to the back of the home which would require large heavy equipment to grade should the applicant wish to build to the back of the garage. Mr. Sedlacek said the applicant and the Planning Commission felt this would be an undue hardship. The Planning Commission did not feel that an addition to the front of the home would be feasible due to the string rule and this would change the character of the neighborhood. The Planning Commission voted 5 -1 in favor of the variance based on the hardship that the applicant has exhausted all other alternatives and that the use is reasonable. Councilmember Krebsbach asked to see what the home will look like. July 3, 2007 Page 9 Brian Farley, 771 Pondhaven Lane, shared elevation drawings of the proposed home, as well as a photo of the existing home. Mr. Farley explained his need for additional space as he and his wife are expecting their 4th child. Mr. Farley said the bedrooms would not line up well if the addition were placed in any other way other than what is proposed. Councilmember Krebsbach congratulated the Farley's on their upcoming arrival. Councilmember Krebsbach asked if there were any neighbors in opposition. Mr. Farley said all the immediate neighbors have signed off on this. Mr. Farley explained how the garage and addition would remain set back from the front of the home. Councihnember Duggan said he appreciated that there are windows on the side to give a more residential feeling to the neighbor. Councilmember Duggan asked what the distance between the proposed addition and the neighbor to the east will be. Ms. McDermott said it would be 35 feet. Councilmember Duggan said in light of what the Council has determined in the last ten years, case by case merit has been used and this seems to be a reasonable use and he is very comfortable with this application. Councilmember Krebsbach said it was good to see more information provided then there was at the Planning Commission to allow the Council to get a better idea of what is being proposed. Mayor Huber said he applauds the efforts of Commissioner Bruce McManus in applying the ordinances to make sure that the City is seeing a hardship and that the applications are adhering to the rules. Councilmember Duggan moved adoption of Resolution 07- 63, "A RESOLUTION APPROVING A 3' VARIANCE TO THE SIDE YARD SETBACK FOR AN ADDITION AT 771 PONDHAVEN LANE." Councilmember Krebsbach seconded the motion. CASE NO. 07-23, BENZ Ayes: 3 Nays: 0 July 3, 2007 Page 10 Mr. Sedlacek reviewed the request for a wetlands permit at 1853 Victoria, to remove buckthorn and other various weeds. The applicant would like to replant this area with grass seed and leave a 30-ft buffer to the wetland. Mr. Sedlacek said the Planning Commission unanimously recommended approval of this permit as there will be no negative impact to the wetland and there is sufficient buffer to the wetland. Councilmember Krebsbach said as each owner starts to alter things along the pond, on a case by case basis, she is concerned about who is looking at the total picture. Mr. Sedlacek said if the City is making sure that the buffer is staying in place, there should not be an overall impact to that pond. Ms. McDermott said the City would be more concerned if the residents were proposing to do grading. In this case, the applicant is proposing to only extend his yard and retain a buffer, and other residents in this area have done the same. Councilmember Duggan asked if the DNR has visited this site. Ms. McDermott said Dakota County has visited the site, and not the DNR. Councilmember Duggan said if there were any opposition from the neighbors, the City would have heard it. Councilmember Duggan said he feels the neighbors have been well aware of what is going on and continue to monitor the area. Councilmember Krebsbach said case by case is easy to approve, but be aware of what's going to happen collectively. She wants to be sure that as residents make changes, there will be no negative impact to the pond. Councilmember Krebsbach moved adoption of Resolution 07-64, "A RESOLUTION APPROVING A WETLANDS PERMIT AT 1853 VICTORIA ROAD" as proposed. Councilmember Duggan seconded the motion. PASTER ENTERPRISES July 3, 2007 Page 11 Mayor Huber asked City Administrator Jim Danielson for an update on Mendota Plaza. Mr. Danielson said Staff met with the Mendota Plaza owners to look at some of their modifications to the plan that was presented to the City Council. Mr. Danielson said the owners have added a housing element and an office element, and will be looking toward removing a portion of the existing center. The owners would like to present these changes to the City Council for feedback and would like to have a workshop scheduled for some time in July. Mr. Danielson said he checked with Councilmember Schneeman, but could not get in contact with Councilmember Vitelli. Councilmember Schneeman said she would not be available before the next July meeting, and suggested the morning on July 18tH Councilmember Krebsbach said the owners are coming in with big signage, and then they want a comprehensive plan re -do, and she hopes that they have really thought this through before this workshop. Councilmember Duggan referred to Mr. Danielson's memo of June 28th, where it says "Removal of a portion of their existing center" and said he is curious to see what they are planning considering the equipment that is currently digging holes and taking soil samples. It seems that the owners are certainly going forward on their intent to dig out the center, and he is delighted to see that happen. Councilmember Duggan said whether it's later in this month, or early in August, the City Council should be sitting down with them to see what their vision is, and what other plans they have. Councilmember Krebsbach said it would be good to have the owners show them what some of the ideas are and there will probably not be a lot of feedback from the Council. Councilmember Krebsbach said the Council has not seen a comprehensive plan from them yet, so if they have one, she does not believe it would take more than about 45 minutes to meet, and then perhaps they could meet again later. Mayor Huber said he talked to Mr. Howard Paster and Mr. Ken Henk and was concerned that he really did not have a good idea of what the Council members are really thinking, and suggested that a few meetings would be good to have Ayes: 3 Nays: 0 COUNCIL COMMENTS July 3, 2007 Page 12 everyone connect. This needs to be a meeting with the full Council. Mayor Huber said he would lean towards having the workshop before the next Council meeting as the first meetings in the month are usually longer because of the Planning Commission cases. To go to the mid -month meeting in August may be too far away. Councilmember Duggan moved to conduct a workshop meeting with Paster Enterprises and the full City Council at 6:30 pm on July 17th. Councilmember Krebsbach seconded the motion. Councilmernber Krebsbach said she may be able to attend the Table Top Exercise Continuity of Government for Pandemic Flu. Mr. Sedlacek said the Par 3 has been very busy, and on Friday, June 29th, the golf course had its first major event. The Minnesota Section of the PGA for America (Minnesota PGA juniors) held a beginners level tour event and there were about 60 children from the all over the State of Minnesota. One of the winners (in the 11 -12 year old category) was a young man from Mendota Heights. He said he believes the young man's name is Blake Ecklat. Mr. Sedlacek shared a thank you card for all to see and will be displaying it the lobby of City Hall. Councilmember Krebsbach said the City is doing well in its efforts to be a "kid- friendly" city. Mayor Huber said the golf course is officially owned by the City and the closing went very well. Mayor Huber said he enjoyed a Sunday evening on the course as well. Councilmernber Krebsbach said the Par 3 is looking to form a landscaping committee, and asked residents to volunteer for this committee. Councilmernber Krebsbach wished everyone a happy 4th of July. Councilmernber Duggan said he is concerned about the substantial earth movement at Sibley High School. Ms. McDermott said the tennis courts are being reconstructed. July 3, 2007 Page 13 Councilmember Duggan said as he will be attending the N.O.I.S.E. meeting, he is wondering if Councilmember Krebsbach can represent him at the local N.O.I.S.E. meeting on July 18th• Councilmember Krebsbach said she will attend on his behalf. Councilmember Duggan passed on a staff report about Minneapolis City Council approving limits on homes, compatibility with neighborhoods, etc. and he would like to receive a copy of that ordinance. Commissioner Norton may be of some help as he works in Minneapolis. Councilmember Duggan said he would like to have a workshop with the Council and the Planning Commission to review this ordinance. Councilmember Duggan wished everyone a happy 4th of July. Councilmember Duggan said the Duggan family won the St. Thomas Academy Alumni tournament. Councilmember Duggan said he joined his two sons, along with Commissioner Norton, and had a lot of fun. Mayor Huber said he would like to acknowledge his appreciation on behalf of the City, to Chair Jack Lanners regarding the letter from Mayor McGuire on the usage patterns of Runway 17/35. Councilmember Krebsbach said this was a very thorough letter and appreciated receiving it. Mayor Huber said he also appreciates the very fine response that was received, as well as the efforts of the FAA and MAC. Mayor Huber said Runway 17/35 air traffic was dramatically different from what the City was told it would be. Mayor Huber expressed his thanks to ARC Chair Liz Petschel, Mr. Leqve, and the NOC Commission for their hard work. Councilmember Krebsbach said she would like to acknowledge the role of City Attorney Tami Diehm in the issues of the agreement with Mendota Plaza and the Par 3 preparations, and she has done a tremendous job serving the City. Councilmember Krebsbach also recognized the fine work done by Staff (Jim Danielson, Jake Sedlacek, Sue McDermott, Kristin Schabacker). Mr. Danielson said there seems to be nothing on the agenda for the July Parks and Recreation Commission meeting and Ayes: 3 Nays: 0 ADJOURN Ayes: 3 Nays: 0 July 3, 2007 Page 14 subject to Chair Spicer's concurrence, Staff would like approval to cancel that meeting. Councilmember Duggan moved approval of the cancellation of the July 2007 Parks and Recreation Commission meeting as recommended. Councilmember Krebsbach seconded the motion. There being no further business to come before Council, Councilmember Duggan moved to adjourn the meeting. Councilmember Krebsbach seconded the motion. Time of Adjournment: 8:30 p.m. Rebecca' haffe Recording Secretary