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2004-11-02 City Council minutesPage I November 2, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 2, 2004 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 8:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, and Schneeman. Councilmember Vitelli had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Schneeman moved adoption of the agenda for the November 2, 2004 Council meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES The following changes were made: Page 4: The following sentence was added to the fourth full paragraph, "Mr. Ruff concurred in that." Page 2: In the second paragraph reference to the City's centennial should be the St. Paul Rotary Centennial. Page 10: Correction to spelling of Mr. Haider's name. Correction of name spelling Sally Loberbaum. Page 11: Correction of name spelling Ann Ferrell. Councilmember Duggan moved approval of the minutes of the regular meeting held on October 19, 2004, as amended. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Council acknowledged the consent calendar for the meeting. The following comments were made: Page 2 November 2, 2004 b. Planning Commission Minutes: Councilmember Schneeman noted a correction to the Planning Commission minutes of October 26, 2004. On page 3, Somerset Country Club was approved with the added condition of a limit of 17 feet in height. c. Building Activity Report: Councilmember Duggan noted that the City is $90,000 ahead of 2003 for building fees collected. g. Sign Permit Marriott Fairfield Inn Suites: Councilmember Duggan noted that two sign layouts were presented. The smaller one is being approved, not the larger one, which required a variance. Councilmember Duggan moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the September 8, 2004 Airport Relations Commission Meeting. b. Acknowledgement of Informational Memo on Less Lethal Training. c. Authorization of Computer Acquisitions. d. Approval of Engagement Letter for 2004 Audit. e. Approval of Sign Permit for 2250 Pilot Knob Road, Prime Net. f. Approval of Contractor List g. Approval of the List of Claims dated November 2, 2004 and totaling $59,965.03. Councilmember Kyebsbach seconded the motion. Ayes: 4 Nays: 0 HIGH SCHOOL SCOREBOARD Assistant Hollister introduced Mr. Dan Novak, Baseball Coach at Henry Sibley High School. The scoreboard is in the northeast comer of the field facing inward. Mr. Novak would like to replace the current scoreboard with a larger one. The scoreboard is mounted on two pillars, and a third pillar would be added to mount the new one. During staff's review it was determined that the scoreboard is not a sign. If it were a sign, it would have to comply with signage regulations for R-I zoning, as the school is in an R-1 district. This interpretation is also consistent with the decision made for St. Thomas in 2000. Page 3 November 2, 2004 Councilmember Krebsbach asked the dimensions of the scoreboard. Mr. Hollister stated that the new scoreboard would be 7 feet high, 28 feet wide and 6 inches deep. Mr. Novak stated the purpose is to have a larger scoreboard with additional information than is now recorded on the present scoreboard. Councilmember Schneeman moved approval of the larger replacement scoreboard. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 MCDONALD'S CONDITIONAL USE PERMIT Council acknowledged receipt of an application from McDonald's Restaurant for a conditional use permit amendment for a cash booth and customer order display stand. Assistant Hollister explained that currently drive-through orders are taken and paid for at a small out building. Then customers pick tip their order at the main building. The proposal is to consolidate these two functions in the main building and remove the out building. The application also includes the addition of a display screen that states the order given by the customer. When asked about trees that had been taken down, Ms. Jane McKay representing McDonald's explained that the trees were diseased. McDonald's and Mendota Plaza jointly removed them and have plans to replace them with plantings that would be complimentary to Town Center. The Planning Commission has recommended that the resolution for the conditional use permit now requested be contingent upon the landscape plan submitted in 1978, when the drive-through was added. The resolution should also be amended to reflect that when the out building is removed, the earth be restored. Councilmember Krebsbach questioned whether the landscape plan of 1978 needs to be enforced if there is sufficient landscaping on the site at this time. Councilmember Duggan noted that Ms. McKay became the McDonald's owner after the 1978 landscape plan was approved. Page 4 November 2, 2004 Ms. McKay acknowledged that a neighbor objected to the removal of four trees. The trees were removed because of disease and for visibility from the road. Her plan is to landscape the area where the out building is removed. She asked if a conditional use permit requires a landscape plan. Mayor Huber explained that no one is accusing or blaming Ms. McKay, but the Planning Commission and Council would want to know the next step to address the removal of four trees. City Attorney Schleck added that there is an expectation on the part of the City that development sites adhere to landscape plans submitted. The Council has the right to impose conditions on the conditional use permit. Enforcement of the landscape plan is a valid condition. Ms. McKay stated that she would like to remove the out building and complete construction before winter and submit a landscape plan in the spring. Mayor Huber expressed some concern about approving a conditional use permit, when current landscaping is not consistent with the landscape plan submitted for the site. Councilmember Duggan stated that he would be willing to support the conditional use permit with the condition added that a landscape plan would be submitted for approval in the spring. Councilmember Krebsbach moved approval of Resolution No. 04 -85: RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR A CASH BOOTH AND CUSTOMER ORDER DISPLAY STAND FOR MCDONALD'S RESTAURANT AT 2020 DODD ROAD, AND NOTING THAT THE ORIGINAL LANDSCAPE PLAN IS ON RECORD AND APPLICANT JANE MCKAY WILL SUBMIT A SUBSTITUTE LANDSCAPE PLAN AT THE CITY COUNCIL'S FIRST MEETING IN MARCH 2005." Councilmember Duggan seconded the motion. Discussion: Mr. Tim Minea, 772 Ridge Place, stated that he believes seven trees were removed in the lawn area of the parking Page 5 November 2, 2004 lot. McDonald's has almost complete visibility. He would like to see something done to soften the view, especially with the red trim. He is not objecting to the application. Ayes: 4 Nays: 0 SOMERSET COUNTRY CLUB Council acknowledged receipt of an application from Somerset Country Club for a minor amendment to the conditional use permit to replace one accessory structure and add another accessory structure. Assistant Hollister stated that the Council recently approved replacement of one accessory structure to add another. However, when detailed plans were developed, it was discovered that the building would be of a size that a sprinkler system would be required. The request now is to build a separate accessory structure without attaching it to the main building so as to be in compliance with code and not have to install a sprinkler system. It would achieve the same storage space sought in the original application. Councilmember Krebsbach moved approval of Resolution No. 04-86: "RESOLUTION APPROVING A MINOR AMENDMENT TO THE CONDITIONAL USE PERMIT TO REPLACE ONE ACCESSORY STRUCTURE AND ADD ANOTHER ACCESSORY STRUCTURE AT 1415 DODD ROAD." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 ROBERT ALVAREZ DISCUSSION Assistant Hollister stated that Mr. Alvarez originally owned Lot Nos. 9, 10, 11 of Kirchner Second Addition. Lot 11 has now been sold. His house straddles Lots 9 and 10. He previously requested a property line amendment between Lots 9 and 10, so that Mr. Alvarez could build another home on Lot 9. Mr. Alvarez has received a permit from the Code Enforcement Office to remove part of the house and expand it forward. That is currently being done. Staff advised that if Mr. Alvarez proceeded with the renovation of his home, there would be no guarantee on the outcome for Lot 9. Lot 9 has 95.19 feet if frontage on Dodd Road and 117 feet on Ivy Hills Drive. Lots in the R1 district are required to have 100 feet of frontage. Mr. Alvarez argues that with over 100 feet along Ivy Hills Drive, Lot 9 is buildable. Two scenarios are presented. The City Planner believes Exhibit A would be possible without a variance declaring Ivy Hills Drive as the front. This would mean a Page 6 November 2, 2004 30 foot front setback from Ivy Hills Drive and a 30 -foot setback rear setback from Lot 10, which leaves only 22 feet of buildable width for the house. Mr. Alvarez would prefer to build a larger house. Exhibit B shows the preferred house. The City Planner believes Exhibit B would require a variance of either the rear yard setback or declaring Dodd Road as the front and need a variance for the lot width. Lot 9 does not qualify for the "70 %" rule that allows "lots of record" at the time of adoption of the width standard to be designated as buildable if the width is 70% of the standard. Lot 9 was not a lot of record. Staff is looking for reaffirmation from Council that a variance is needed for the larger home. Councilmember Duggan noted that Lot 10 would be nonconforming with a 69 -foot frontage on Dodd Road. Assistant Hollister stated that Lot 10 is a lot of record with a house on it, and Mr. Alvarez is improving the situation with the house reorientation by decreasing the nonconformity. City Attorney Schleck added that the nonconforming nature of the lot is not being changed. The structure on the lot would meet setback requirements. Therefore, the nonconforming element is not in question. Councilmember Duggan asked if a subdivision would be requested. Assistant Hollister answered that Mr. Alvarez is combining vacated right -of -way and is not applying for a subdivision. Mr. Paul McGinley, Loucks McLagan Engineering, West St. Paul, stated that the main reason for appearing is to ascertain, because of the confusing history of the property, that Mr. Alvarez can get a building permit to build Exhibit A that meets all setbacks. City Attorney Schleck stated that the issuance of a building permit is a ministerial act. If the proposal meets all of the zoning ordinance requirements with no conditional use permit and no variance, then the City is bound to issue the building permit. It is premature to state that a building permit would be issued without an application. Councilmember Duggan suggested a third plan that would not require any variances. The drive would come in from the back end of the property 112 feet which be 30 feet from the existing home. With the combination of the back parts of the two lots, he would have a 15,000 square foot lot on Page 7 November 2, 2004 which a home could be built. It also would be further from Dodd Road. He would support such a plan and would hope it is presented to the Planning Commission. Mr. McGinley responded that where the drive would come in would be on townhouse property. Mr. Alvarez repeated that he could not get the building permit for Exhibit A until the Council saw it. Councilmembers had no objection to Exhibit A that requires no variances. BUCKTHORN MANAGEMENT Council acknowledged receipt of cost estimates from Prairie Restorations, Inc. to remove buckthorn. The proposal is over the amount budgeted in the Parks and Maintenance Budget. Mayor Huber expressed some concern about cost. Mr. Kullander reported that the last three contracts with this company were overestimated. Costs are only on a time and materials basis, and he is confident costs will be lower. It was the consensus of the Council to accept the Buckthorn removal contract from Prairie Restorations, Inc. CANVASSING BOARD MEETING REMINDER Mayor Huber reminded Councilmembers of a canvassing board meeting at 5:00 p.m., Wednesday, November 3, 2004. COUNCIL COMMENTS Councilmember Duggan thanked Do It Best Hardware for their candy contributions at the bonfire and to the Fire Department for all of their work putting on the bonfire. Councilmember Duggan acknowledged that the hair salons moved into their location and have a wonderful new facility. Thanks to all residents who work on KP30. Mayor Huber thanked staff for the long work day with the election. ADJOURN There being no further business to come before Council, Page 8 November 2, 2004 Mayor Huber adjourned the meeting to a closed session at 6:30, November 16, 2004. TIME OF ADJOURNMENT: 9:30 p.m. XV Kat teen M. Swanson City Clerk