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2004-08-03 City Council minutesPage No. 1 August 3, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 3, 2004 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 Acting Mayor Schneeman called the meeting to order at 7:32 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. Mayor Huber had informed Council that he would be late. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the agenda as submitted for the meeting. Councilmember Vitelli seconded the motion. Councilmember Vitelli moved approval of the minutes of the regular meeting held on July 20, 2004, as amended. Councilmember Duggan seconded the motion. CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items d. and e. to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the July 27, 2003 Planning Commission Minutes. b. Acknowledgement of the Building Activity Report for July 2004. c. Authorization for the purchase of a large format Copier for Engineering from Metro Sales at a cost of $4,425.08. f. Approval of the list of contractor licenses dated August 3, 2004. g. Approval of the list of claims dated August 3, 2004 and totaling $137,803.60. Councilmember Vitelli seconded the motion. Page No. 2 August 3, 2004 Ayes: 4 Nays: 0 BARR ENGINEERING Councilmember Duggan verified that the additional items have been completed and asked if it could have been possible to anticipate them. City Engineer McDermott explained that some items were anticipated, but others required by Mn/DOT were not included in the original quote, which resulted in a higher cost. Councilmember Duggan moved approval of the Barr Engineering request for additional fees. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 MENDOTA PLAZA SIGN Councilmember Krebsbach asked for further clarification of the request for the salon sign to be moved. Assistant Hollister stated that the request is to move only one sign. The salon sign will be moved above Ziggy's. It is his understanding the salon will be moving into that space. Ayes: 4 Nays: 0 PUBLIC COMMENTS Councilmember Duggan noted that the salon will be taking two spaces where there was one business previously. The sign actually will be moved to the right of Ziggy's. Councilmember Krebsbach moved adopt of Resolution No. 04 -48: "A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR MENDOTA PLAZA." Councilmember Duggan seconded the motion. Mr. Cliff Timm, West St. Paul, recalled that students at St. Thomas Academy have been talking about goose feces in Rogers Lake. He suggested that it is common to have a rain garden at the head of the storm sewer to filter out debris material. The school grounds should be searched to find areas where geese are and put in a rain garden to catch droppings before it enters the lake. If there could be forgiveness of some taxes, he would hope homeowners would be glad to create a natural buffer between people's homes and lakes. Mr. Timm stated that he has collected 200 signatures on a petition to help raise the water level three feet at Pickeral Lake. There will Page No. 3 August 3, 2004 be a meeting Thursday, August 5, on this matter. He plans to take the issue to lawmakers at the legislature. He would like to see a backhoe create a one -way road for people to park their cars, walk and fish. Acting Mayor Schneeman thanked Mr. Timm for his comments and for the help he has given to residents at Rogers Lake. Acting Mayor Schneeman noted that Thomas Malchow is swimming in the summer Olympics. His mother sent an Olympics T -shirt for each Councilmember. He will be swimming the 200 - meter butterfly race on August 16 and 17. ZONING ORDINANCE Council acknowledged a request from Ms. Caroline Fried INTERPRETATION for interpretation of the zoning ordinance with respect to installation of a baseball batting cage at 2565 Whitfield Drive. Council acknowledged associated reports from the administrative assistant and city planner. The discussion focused on whether a batting cage qualifies as a tennis court, or if the nets would constitute a fence. The property is in medium density zoning in a residential PUD. The batting cage could be considered an amendment to the PUD. The question is whether to apply the tennis court standard. A variance could be granted for a fence higher than six feet. Councilmember Duggan stated he believes the batting cage would fall under the 1 0-foot tennis court regulation and would recommend that the ordinance be changed to include this option. Once the family no longer uses the batting cage, he would like to see a provision that it would be required to be taken down. Tennis courts are permanent, but he would not consider this structure to be permanent. He noted that the structure could be constructed tomorrow if considered sports equipment. A permit would not be needed. He would like to see written letters of agreement on the part of neighbors, and the biggest question is where it would be placed on the property. Councilmember Krebsbach questioned the strength of the netting and whether there would be a safety issue. Approval should also be conditioned on good maintenance to make sure balls never go through the netting. Ms. Fried, Applicant, stated that the plan is to purchase the strongest type of netting available with a repair kit. There is a fence along the neighbor's property, and they plan to put it Ayes: 3 Nays: 1 (Krebsbach) Page No. 4 August 3, 2004 approximately four feet from the property line. Neighbors are very excited to use it. It will also be used for golf practice. Councilmember Vitelli moved approval of the interpretation of a batting cage as sports equipment. Councilmember Duggan seconded the motion. Councilmember Krebsbach stated that she could not support the motion without first having comments from the neighbors. Councilmember Duggan requested staff to propose an amendment to the ordinance that would require any future similar request to be set back four or five feet from the property line and that comments from neighbors would be submitted to the Council. Acting Mayor Schneeman introduced City Attorney John Nolde, from the firm of Winthrop Weinstine, who is sitting in for City Attorney Schleck. Mayor Huber arrived at 7:55 p.m. CASE NO. 04-13, ALVAREZ Council acknowledged a request from Mr. Robert Alvarez, 1167 Dodd Road for waiver of the six -month waiting period and fee for reapplication for subdivision and variance. Council also acknowledged a memo from Assistant Hollister. Mr. McGinley, Surveyor for Mr. Alvarez, stated that Mr. Alvarez has submitted a letter to ask for a waiver of the six -month time period before submitting another application. He would also request that application fees be waived. Councilmember Vitelli moved approval of the waiver. The motion failed for lack of a second. Mayor Huber stated that he has no problem with the time period before a new application is submitted, but he is not inclined to allow a fee waiver. It would be beneficial to bring the application while the issues are fresh. A new application will take staff time and may involve another public hearing. Councilmember Duggan moved approval to waive the six -month waiting period for Mr. Alvarez to submit a new application. Page No. 5 August 3, 2004 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04 -11, ETTINGER Council acknowledged an application from Mr. Ron Ettinger for a critical area permit, conditional use permit and variance to the limitation on the number of accessory structures to allow installation of an outdoor shelter at 1588 South Victoria Road. Council also acknowledged associated staff reports. Councilmember Vitelli moved adoption of Resolution No. 04 -49, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, AND VARIANCE TO THE LIMITATION ON THE NUMBER OF ACCESSORY STRUCTURES FOR AN OUTDOOR SHELTER AT 1588 SOUTH VICTORIA ROAD." Councilmember Krebsbach seconded the motion. Discussion: Councilmember Duggan asked for clarification if the motion is the new proposed resolution and not the one in the Council packet. Councilmember Vitelli amended the motion to the language of the new resolution. Councilmember Krebsbach accepted the amendment. Ayes: 5 Nays: 0 CASE NO. 04-25, ST. MARTIN Council acknowledged an application from Mr. William St. Martin for a driveway width variance for 1933 Crown Point Drive. Council also acknowledged associated staff reports. Assistant Hollister stated that Mr. St. Martin received a variance a few months ago from the Council for an addition to his garage. After the addition was built, he expanded the driveway to provide access and called the Enforcement Officer for an inspection. It was found that the driveway is too wide at the property line. The ordinance allows only 25 feet in width at the property line. The Enforcement Officer issued a Stop Work Order. Mr. St. Martin is applying for a variance for the driveway width at the property line. He states that he needs the increased width to properly access the garage. The Planning Commission has recommended approval. Page No. 6 August 3, 2004 Councilmember Duggan stated that would support the variance as long as appropriate landscaping is added to soften that area, as recommended by the Planning Commission. Councilmember Vitelli questioned whether added landscaping to a wider driveway would limit visibility on this street corridor. Mayor Huber asked if the issue is driveway width or proximity to the side lot line. Assistant Hollister explained that the Planning Commission noted that two variances are actually needed. One is for the width at the property line. Also, some Commissioners felt this property is a corner lot and on a corner lot the driveway is supposed to be 30 feet back from the side where there is no access. Mayor Huber noted that the curb cut is only a few inches wider than the allowed 25 -foot curb cut, but the distinction between the curb and the property line does matter in this case because of the unusual curve of the property. Councilmember Duggan proposed that landscaping consist of shrubs not taller than three feet. Mr. St. Martin agreed to this provision. Councilmember Duggan moved Resolution No. 04 -50: "A RESOLUTION APPROVING A VARIANCE FOR DRIVEWAY WIDTH AT 1933 CROWN POINTE DRIVE WITH THE PROVISION THAT SHRUBS BE PLANTED ALONG THE EDGE OF THE DRIVEWAY NOT TO EXCEED THREE FEET IN HEIGHT." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-26 ADAMS Council acknowledged an application from Mr. Howard Adams subdivision and lot combination at 1241 Dodd Road. Council also acknowledged associated staff reports. The City typically requires that when the property is subdivided, it is immediately joined to the second property so there is not a freestanding parcel. The legal description must make sure there is no confusion of properties Councilmember Vitelli moved adoption of Resolution No. 04 -51, "A RESOLUTION APPROVING A SUBDIVISION AND LOT COMBINATION AT 1241 DODD ROAD." Councilmember Krebsbach seconded the motion. Discussion: 1 Ayes: 5 Nays: 0 Page No. 7 August 3, 2004 Councilmember Duggan stated that the lot split and reattachment is vague and verified that the intent is to sell the entire back end of the new lot. Councilmember Duggan asked if the new lot is aligned with Lot No. 630. Assistant Hollister responded that is the intent of the application survey attached. Mayor Huber asked if there is any need to add a condition that the new combined lot cannot be subdivided again. He would not want to create a flag lot. Assistant Hollister stated that the parcel attached is 80 feet by 110 feet and approximately 25,000 square feet in area. The width at Ivy Falls would be 110 feet. Subdivision is not an issue. CASE NO. 04-27, ODLAUG Council acknowledged an application from Mr. David Odlaug for a Conditional Use Permit for a fence within the street setback area at 2122 Theresa Street. Councilmember Duggan stated that he supports the new fence. He suggested reducing the permit fee, as the City will benefit from this project. If the applicant chose only to fix the hole in the fence, the City would not receive a fee. Councilmember Vitelli stated the he opposes fee adjustments because allowing one will mean the Council will continually be asked for other similar adjustments. Councilmember Krebsbach added that if fees are too high, then that issue should be considered separately. Councilmember Vitelli moved adoption of Resolution No. 04 -52, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE AT 2122 THERESA STREET." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-28, SKEMP Council acknowledged an application from Mr. Charles Skemp, 1060 View Lane for a Conditional Use Permit for an addition to his detached garage. Council also acknowledged associated staff reports. Page No. 8 August 3, 2004 Assistant Hollister stated that the applicant is seeking a conditional use permit to replace his existing detached garage. The new C detached garage conforms to all zoning requirements. The Planning Commission has recommended approval. Councilmember Vitelli moved adoption of Resolution No. 04 -53, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE ADDITION AT 1060 VIEW LANE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04 -29, ST. THOMAS Council acknowledged an application from St. Thomas Academy for a Conditional Use Permit and variance for an air- supported structure and accessory building at 949 Mendota Heights Road. Council also acknowledged associated staff reports. Councilmember Krebsbach stated she supports the Planning Commission's recommendation because it will provide athletic capacity with a three -year time period, renewable for an additional three years in order to see whether the capital campaign is successful to build a permanent structure. The condition gives a future council an opportunity to review use of the temporary structure and require that it be taken down if necessary. If there is no problem, the time could be extended. Councilmember Krebsbach moved adoption of Resolution No. 04- 54, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR AN AIR- SUPPORTED STRUCTURE AND ACCESSORY BUILDING AT 949 MENDOTA HEIGHTS ROAD." Councilmember Duggan seconded the motion. Councilmember Vitelli offered an amendment to adopt the resolution as modified by the City Attorney. Councilmembers Krebsbach and Duggan accepted the amendment. Ayes: 5 Nays: 0 CASE NO. 04 -05, Council acknowledged a request from Klingelhutz Development KLINGELHUTZ Company for approval of the final plat for the Waters Drive Business Park. Council acknowledged associated staff reports. Mr. Terry Schneider was present on behalf of the developer. Page No. 9 August 3, 2004 Councilmember Krebsbach asked the reason for a condominium style plat. Assistant Hollister explained that the distinction is that property owners would only own the apartment inside, not halls or walls. The plat change would mean collective ownership of common areas and a fee association to provide maintenance when needed. Mr. Schneider stated that the primary reason is market acceptance. When he started marketing townhomes, he found that people prefer condos. In order to do that, he needs a condominium plat for elevators and hallways. He plans to incorporate the condo units into the corner building where he hopes to attract a corporate tenant. Councilmember Krebsbach asked how property responsibility is transferred to the association. Mr. Schneider explained that once sales are closed, the units transfer to the association. Until that time, the development company is responsible. He also hopes a corporate tenant will be involved with the association. Councilmember Vitelli moved adoption of Resolution No. 04 -55, "A RESOLUTION APPROVING A FINAL PLAT FOR A PLANNED UNIT DEVELOPMENT AT THE SOUTHWEST CORNER OF HIGHWAY 13 AND HIGHWAY 55." Councilmember Schneeman seconded the motion. Discussion: Councilmember Duggan asked if the resolution language is specific to a condominium plat. City Attorney Nolde stated that the language is consistent for that purpose. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Vitelli informed Council that he and Councilmember Schneeman had visited Town Center today. Councilmember Vitelli stated that the new town homes are extremely impressive with outstanding quality. Three sold in the first block of six, and ground has been broken for the next six. The average sale for the first three units $480,000 to $500,000. The largest unit is 3,000 square feet. The bank will occupy its new facility in October. The landscaping and signage plans are outstanding. Councilmember Schneeman stated that the Wentworth Park tennis court has a new surface and new fencing. Page No. 10 August 3, 2004 Councilmember Schneeman announced that the Mendota Heights 12 -year -olds baseball team won the state championship. Councilmember Krebsbach announced that Sibley teams are having carwashes at Mendota Plaza. It is a great way to support them. Councilmember Krebsbach requested staff to look into possible noncompliance regarding outdoor storage at Superamerica. A constituent brought the issue to her attention. Councilmember Duggan noted an editorial in the Southwest Review on airport noise and the lack of input on the part of the community. The number to call is 612- 726 -4411. The more calls the better support for the community. Councilmember Duggan thanked the City Police Chief and Mario for meeting with him on a citizen matter. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adj ourned. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:59 p.m. C_ Ka een M. Swanson City Clerk