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2003-06-03 City Council minutesPage No. 1 June 3, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 3, 2003 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 Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. I•S l MEW, 1 1 •SCOW Ayes: 5 (' ) Nays: 0 The City Council, audience and staff recited the Pledge of Allegiance. Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Duggan seconded the motion. APPROVAL OF MINUTES Councilmember Scbneeman moved approval of the amended minutes of the regular meeting held on May 20, 2003. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move item 6g, swimming pool ordinance amendment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the May 13, 2003 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the May 14, 2003 Airport Relations Commission meeting. c. Acknowledgment of the minutes of the May 27, 2003 Planning Commission meeting. Page No. 2 June 3, 2003 d. Authorization for the issuance of a building permit to R.J. Ryan Construction, Inc., for construction of the Centre Pointe VI building on Lot 3, Yorkton Centre Pointe South 2nd Addition. e. Adoption of Ordinance No. 381, "AN ORDINANCE ADOPTING THE CITY OF MENDOTA HEIGHTS, MINNESOTA CITY CODE." f. Approval of the list of contractor licenses dated June 3, 2003. a. Approval of the List of Claims dated June 3, 2003 and totaling $77,745.39 Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 POOL ORDINANCE Council acknowledged a memo from Assistant Hollister along with a proposed amendment to the swimming pool ordinance to revise the defimition of "pool" to make the definition consistent with state statute. Councilmember Duggan suggested some changes to the definition. City Attorney Schleck stated that the language was taken directly from state statute. He stated that the language has been adopted by the state legislature and has been tested and reviewed by the courts, and while Council can change the language, the definition would not have been tested. Councihember Schneeman moved adoption of Ordinance No. 382, "AN ORDINANCE AMENDING ORDINANCE NO. 503." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 INTRODUCTIONS Mayor Huber introduced Police Chief Aschenbrener to the audience. Councihnember Duggan asked Chief Aschenbrener to make a presentation on the new gun law provisions at a future meeting. PUBLIC COMMENTS Mr. Cliff Timm was present to discuss dredging of north Rogers Lake and the possibility of a public fishing area on Lemay Lake. Council acknowledged a related memo from Parks Project Manager Kullander. Page No. 3 June 3, 2003 Mr. Timm stated that after his last discussion with Council he talked } to Mr. Courtney Pince, a homeowner on Wagon Wheel Trail, who said that he would accept dredged material from Rogers Lake if the city dredges it. Council had expressed concern about putting the material in the wetlands, so he talked to someone from the conservation district about it. He also talked to Mrs. Heyn whose home is on Lemay Lake. She told him that the lets people put there canoes in the lake from her property. Mrs. Heyn owns a lot of frontage on the lake, but he did not ask if she would be willing to sell some property to the city. He stated that he would certainly consider using some of his gift money for the two projects. Mayor Huber stated that with the city's budget being short it is difficult for Council to commit money to anything. Staff has spent some time on the issues and it might be appropriate for Mr. Timm to discuss them with the Parks and Recreation Commission. Councilmember Schneeman stated that she would love to help Mr. Timm on the issues. She was at Rogers Lake over the weekend and there were about 100 people at the park. It is wonderful to see the fishing pier being used, and she would like to see Council pursue the north Rogers Lake issue before it looks at the Lemay Lake issue. Mr. Timm stated that he is planning to talk to the DNR and ask the soil and conservation people to come out to Rogers Lake to look at it. Mayor Huber stated that perhaps staff should make the contact with the DNR regarding the wetlands, etc. He also stated that staff should share with the Parks and Recreation Commission the memo that Mr. Kullander prepared and place the matters on the Commission's July agenda. He stated that Mr. Timm is making a very generous offer and he would not want to miss an opportunity. Mr. Timm stated that the dredging should be completed before winter because he does not want to see any more dead fish at Rogers Lake. He stated that he will give the city money for the project. HEARINGS: LIQUOR Mayor Huber opened the meeting for the purpose of a public LICENSE RENEWALS hearing on an application from Somerset Country Club for renewal of its Club On -Sale liquor license and Sunday On -Sale Liquor License. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed Page No. 4 June 3, 2003 Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilmember Duggan moved to approve the renewal of Club On- Sale and Special Sunday On -Sale Liquor Licenses for Somerset Country Club. Councilmember Vitelli seconded the motion. Mayor Huber opened the meeting for the purpose of a public hearing on an application from Mendakota Country Club for renewal of its Club On -Sale liquor license and Sunday On -Sale Liquor License. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed Councilmember Duggan seconded the motion. Councilmember Duggan moved to approve the renewal of Club On- Sale and Special Sunday On -Sale Liquor Licenses for Mendakota Country Club. Councilmember Vitelli seconded the motion. Mayor Huber opened the meeting for the purpose of a public on an application from Mendota Liquor for renewal of its Off -Sale Liquor License. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Duggan moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved to approve the renewal of an Off - Sale Liquor License for Mendota Liquor. Councilmember Krebsbach seconded the motion. Mayor Huber opened the meeting for the purpose of a public hearing on an application from the Courtyard by Marriott Hotel for renewal of its Limited Service Hotel and Special Sunday On -Sale liquor licenses. He asked for questions and comments from the audience. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 5 June 3, 2003 There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Duggan seconded the motion. Councilmember Duggan moved to approve the renewal of On -Sale Hotel and Special Sunday On -Sale Liquor Licenses for the Courtyard by Marriott Hotel. Councilmember Vitelli seconded the motion. Mayor Huber opened the meeting for the purpose of a public hearing on an application from Brown College for renewal of its On -Sale Wine License for the Minnesota Room. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Vitelli seconded the motion. Ayes: 5 � - -� Nays:0 Councilmember Duggan moved to approve the renewal of an On- Sale Wine License for Brown College for the Minnesota Room. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03-13, BADER Council acknowledged a memo from Assistant Hollister regarding continued discussion on an application from Bader Properties for a preliminary plat and variance for three lots at 1673 Delaware Avenue. Council also acknowledge revised plans for the subdivision. Mr. Michael Bader was present for the discussion. Mr. Bader stated that he understood there was some discussion at the last meeting to send him back to the Planning Commission, which he does not oppose if that is Council's desire. He has submitted a revised plan that responds to the concerns of the city, county and neighbors. He stated that he understands that the array of plans he has submitted may be confusing and wants to be fair to his neighbors, so he would have no objection to returning to the Planning Commission. Page No. 6 June 3, 2003 Councilmember Krebsbach stated that she feels referral back to the commission would be the proper procedure, but she asked Mr. Bader if he would like to make a brief presentation so that people know what plan he will be proposing. Mr. Bader responded that it is basically the second concept that he had submitted, leaving Foxwood as it is and creating two new lots on his property. The plan responds to the concerns of the property owners on Foxwood and to the Garretts. He briefly reviewed the proposal he submitted on June 2. He stated that the county appears to be adamant that they do not want any more accesses to Delaware and actually wt him to vacate his driveway that has existed since 1939. Mayor Huber stated that Council is not going to take any formal action on this proposal and will likely formally deny the original application and direct Mr. Bader to present a new application and plan to the Planning Commission at their next meeting. He recommended waiving the normal limit for reapplication and also waiving the fee for reapplication. Mr. Gary Fuchs, representing Mr. & Mrs. Tom Garrett, stated that his concern is that Council is not going to formally deny the application. He was concerned over the 60 day rule. Also, the Garretts are opposed to this project, even the new concept. Attorney Schleck recommended that Council make a finding with respect to waiver of the fee and reapplication time limit. Mayor Huber stated that the applicant is making an adjustment to the plan and the neighborhood is concerned since the matter is coming before Council. Council should keep the process moving forward to allow the thought process to stay current. Councilmember Vitelli moved adoption of Resolution No. 03 -36, "A RESOLUTION DENYING A PRELIMINARY PLAT AND VARIANCE FOR THREE LOTS AT 1673 DELAWARE AVENUE," the basis for denial being that the applicant has changed his plan and would like to revisit it, and to waive the reapplication time limit and application fee. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Page No. 7 June 3, 2003 CASE NO. 03-15, HAGGERTY Council acknowledged an application from Mr. Paul Haggerty, 645 j Sibley Memorial Highway, for a critical area permit for a landscape plan and rear deck. Council also acknowledged staff reports and a letter from Mr. Haggerty, received this evening, in response to a letter from Assistant Hollister. City Attorney Schleck stated that the tone of Mr. Haggerty's letter concerns him because of the potential threat of litigation in the letter. It would be appropriate for Council to remove the item to closed session. Councihnember Krebsbach moved that Council adjourn to closed session at the end of this evening's meeting to discuss the issue. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE No. 03 -15, ST. Council acknowledged an application from BWRB Architects, on PETER'S CHURCH behalf of St. Peter's Church, for a conditional use permit, critical area permit and variance for an addition to the church. Council also acknowledged associated staff reports. Father Kevin Clinton was present on behalf of St. Peter's. Assistant Hollister reviewed the application and Planning Commission discussion for Council. He explained that the congregation would like to construct a new church addition. The variance is for the height of the roof line, but the Planning Commission determined that there is no need for to variance and recommended approval of the conditional use permit and critical area permit. Responding to a question from Mayor Huber, he stated that the city planner indicated that he could go either way on the need for a variance and pointed out that there are exceptions in the ordinance for cupolas, etc. Council should either find that the variance is not needed or grant the variance. Assistant Hollister stated that church is just beginning a fund raising campaign and would like an extension of time to build the addition. Responding to a question from Counciimember Krebsbach, Mr. Hollister sated that Lilydale is either entirely or almost entirely within the critical area and many of the condominiums there are three and even four stories high. The Mendota Heights ordinance allows four story structures in the critical area provided a project meets all other ordinance requirements. The Planning Commission had some concerns and those concerns are stated in the proposed resolution. Page No. 8 June 3, 2003 Father Clinton stated that in 1840, Father Lucien Galtier and the early pioneers of Minnesota started the first Catholic parish in Minnesota and in 1853 St. Peter's Church was constructed with the help of the early settlers. This year the congregation will celebrate 150 years of continuous gathering and worship at the old Church. The project being considered tonight is the second Church of St. Peter. The architecture of the new church harmonizes with the historic church. There will be a common courtyard and a hall to tie everything together. Mr. Steve Erickson, BWBR Architects, reviewed details of the plan and showed images of the proposed addition. A one story roof connects the historic church with the addition. Exterior materials blend with the exterior materials on the old church. Most of the windows will be on the north side to take advantage of the view. The new church will hold about 750 people. Councilmember Krebsbach asked if the historic church will be the dominant building when one looks at the property from T.H. 13. Mr. Erickson responded that it will be the predominant structure. The steeple on the old church will be the predominant feature from the bridge and the highway. Mayor Huber pointed out that the steeple of the old church will remain the highest point. Responding to a question from Councilmember Krebsbach regarding impervious surface, Acting Administrator Danielson stated that there is no requirement for impervious surface, so that is not a problem. Mr. Erickson stated that the plan meets all the requirements of the city on drainage, etc. Councilmember Duggan asked where the surface water will be directed to and whether staff was able to calculate the impervious surface. Mr. Erickson responded that the existing church has approximately 23% impervious and 77% pervious surface. The new site plan is 33 and 67 %. That includes parking and building. Drainage currently flows to the bluff, and water will be collected in a catch basin that will be connected to the existing pipe that goes down the hill. In Page No. 9 June 3, 2003 addition, the water from the added parking will come into a swale and be brought down the hill in a controlled manner. Responding to a question from Councilmember Krebsbach, Mr. Erickson stated that about 5700 square feet of existing building will be removed and 2700 square feet will be added. He reviewed the landscaping plan, stating that seven trees will be remove from the building site and they will be replaced to meet the ordinance requirements. Councilmember Duggan asked whether the trees being removed could be planted in the parking lot area. The parking lot is a huge mass, and he would like the trees planted at the ends of the parking area. Mr. Erickson responded that they are too large to move. All of the landscaping has been concentrated in the area of the new construction and nothing has been planned for the existing parking lot. Councilmember Duggan stated that if it is possible, he would like to see something in the bedding area that is a little larger. Councilmember Schneeman stated that she is very pleased with the plan and wishes the parish success with fund raising. The parish has tried to build a new church for years. Councilmember Krebsbach stated that she is pleased that the plan meets all the ordinance requirements and will support approval. Responding to a question from Councilmember Duggan, Mr. Erickson stated that the existing new social hall will be used for offices and classrooms. Councilmember Duggan stated that he is also supportive of the plan and also of the extension of the conditional use permit to one year if there are no changes to the plan. Acting Administrator Danielson stated that Council would be approving the current plan, so if there is a change to the plan the applicant must come back to Council for approval. Councilmember Vitelli moved adoption of Resolution No. 03 -37, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT Page No. 10 June 3, 2003 FOR A CHURCH ADDITION AT 1405 SLBLEY MEMORIAL HIGHWAY." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CRITICAL AREA ORDINANCE Council acknowledged a memo from Assistant Hollister recommending ordering a public hearing on the draft revisions to the Critical Area Ordinance by the Planning Commission. Mr. Hollister stated that staff would prefer if there is a public hearing and if it takes place at the Planning Commission, that it take place at the July or August meeting. City Planner Grittman stated that because the critical area ordinance is not part of the zoning ordinance, technically a hearing is not required. Council could take the position that the revisions can be made without hearing. The planner has done much work similar to this for many other cities and they have held a public hearing at the Planning Commission level and in terms of notice, they have placed a notice in the official newspaper without specific notice to property owners. The planning commission would like Council to do something beyond just publication in the newspapers and suggested notice to every affected property owner, but that would be a very large number of notices. An option would be to advertise the hearing in the next issue of the city newsletter, which reaches more people than the official newspaper. Councilmember Krebsbach stated that when Council first adopted the critical area ordinance, Council designated an area that was reasonable at the time. The new proposed ordinance strikes her as being too restrictive. She felt that for the people who live on James and Douglas, etc., the revisions are way too restrictive. Assistant Hollister responded that the planner has tried to take the conservative approach and give the DNR what it wants. The impulse on the part of the planning commission and staff was to try to soften the original language that the planner proposed. As the resolution there have been some changes. The planner is confident that the current draft of the ordinance could be defended as a good faith attempt to comply with the requirements of the DNR and not be too onerous on the city's residents. In Mendota Heights, the critical area is almost 90% developed. Councilmember Krebsbach stated that Council has the option to revise what was identified as being in the critical area and remove blocks, and she would like to revisit that. Page No. 1 I June 3, 2003 Acting Administrator Danielson stated that staff has not looked at revising the boundaries of the district. He asked Mr. G ittman if the city could reduce the size of the district because it goes way beyond the bluff line. He stated that he has not pursued the question but can ask the planner again. Councilmember Krebsbach stated that Council had the right to define the original critical area and should have the right to redefine it. Councilmember Vitelli stated that he has learned through experience not to make a decision until it is necessary and he would like to suggest that the matter be put on the table until Council has to make a decision. He does not fully understand how the proposed revisions affect the residents of the city and how Council translates that to the people they represent in the bluff line. He would rather put the decision off until the city is required to make a change. Mayor Huber responded that a fair amount of staff time and commission time as been spent on this. If the matter is set aside and nothing is done in a year, everyone would have to get caught up on what was discussed a year before. Acting Administrator Danielson stated that the city has been told by the DNR that the ordinance must be changed, and since the city has been working on the draft, the DNR has not been persistent. Mayor Huber stated that an article in the city newsletter should describe generally who is impacted and also point out that the concept of the critical area ordinance has been in place for a long time. Assistant Hollister stated that the impact of the ordinance depends on the slope of the property, where the property is located and what is proposed. Staff can craft something for the newsletter, but it is very difficult to convey to individual homeowners what that means to them. Mayor Huber responded that the newsletter article should include a phone number people can call, and encourage residents to attend the meeting or at least watch it on cable television. Attorney Schieck stated that there is also another issue that very much affects Mendota Heights residents and that is the issue of non- conforming uses. There is a good chance that if the ordinance is Page No. 12 June 3, 2003 changed from 40% to 18% slopes, there will be many non- conforming uses. He also recommended doing a public notice in the official newspaper rather than individual notices, which is not required. Assistant Hollister responded that Council always has the option to grant variances to the ordinance if it is onerous on property owners to meet the provisions. Councilmember Duggan moved to order a public hearing on the revisions to the critical area ordinance by the Planning Commission at its August meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 XCEL POWER POLES Council acknowledged a memo from Acting Administrator Danielson regarding continued discussion on the selection of the pole color for the Xcel Energy electric transmission power poles. Ms. Liz Petschel was present for the discussion. Councilmember Duggan stated that he has a petition by homeowners of the Mendakota area who prefer that the poles in their �\ neighborhood be painted the same color as the water tower. The feedback he has received from the Friendly Hills area was also favorable towards the same color as the water tower. Councilmember Schneeman asked who did the petition and whether the signers understood what other options they had. Councilmember Duggan responded that the petition only stated one color. Councilmember Schneeman stated that she would like to know whether people know what they are talking about when they say they want the same color as the water tower. She has looked at many power poles over the last few weeks. Ms. Petschel submitted a petition from every resident on Quail Ridge and the families on Bent Tree and Glen Toro who are closest to the power lines. She read the petition, requesting that the poles be painted a neutral color. She stated that when she visited with the residents, she showed them pictures of stanchions and the colors that are being used. She took pictures of the ones that are being used in Mendota Height. Ms. Petschel showed photos of the stanchions that Page No. 13 June 3, 2003 move into the Mendakota area, which are painted. There are two galvanized poles, but they are back further from the neighborhood. The ones closest to the homes are painted. The stanchions near the high bridge and along County Road 42 are all painted the same as the ones in the Mendakota neighborhood. She stated that it has been explained by Xcel that the galvanized poles blend in better with the sky and disappear, but the property owners disagree, and feel the galvanized poles look more industrial. The galvanized poles in Hastings bleed rust wherever they are scratched. Where the pieces come together, they will bleed. The Xcel letter said neighbors get angry if there are paint chips in their yards when the poles are painted. She stated that Xcel has a huge easement for the power lines, so painting and paint chips will not impact neighbors. The poles will be very tall and will impact the neighbors, and Council must have a vision on how it wants the city to look. Councilmember Krebsbach stated that she was in Eden Prairie, which has a transfer station, and the Xcel poles have been painted and have rust. She felt the point is that galvanized poles do look industrial. Councilmember Schneeman stated that people really have to think about this. The reason water towers are the colors they are is so that they stick out and people see them, but she does not live next to them. The ones along Hiawatha are all new poles, and that while she does not know if they are galvanized or painted, they look nice. Councilmember Vitelli asked what Ms. Petchel's thoughts are about paint peeling and the period of time when the poles will not look good. The peeling and rusting paint may happen more quickly than it will on others. The Xcel letter stated that Minneapolis, Minnetonka and Eden Prairie have expressed concerns with peeling paint and rust. Ms. Petschel responded that she has been here 15 years and the painted poles in Mendakota look the same as they did then. The residents would like the same consideration as the people in Mendakota. Councilmember Duggan stated that there are two power poles at Lexington and T.H. 13 and they are quite rusty. If the poles were originally galvanized and turn that color, they look rusted. Ms. Collette Ulrich, manager of local government relations with Xcel, stated that Xcel has been in the power pole business for a long Page No. 14 June 3, 2003 time and has experimented much over the years and found from experience that some things look better than others. They have experimented with self -aging poles that turn brown and the idea was that they would blend in with the trees and greenery. Some people like them and some do not. The galvanized poles that Xcel recommends are a gray color that over time become sort of sky blue and most cities feel they blend in rather than stick out. She showed Council pictures of the poles that were referred to in Eden Prairie, which were painted two or three years ago. Xcel was told that they had a 15 year warranty when they were painted, but the poles had to be repainted after three years. There are lots of problems with poles rusting, and peeling and cracking paint. Xcel is on a seven year schedule for painting, and sometimes people have to live with bad looking poles after a short period of time. Responding to a question from Councilmember Krebsbach, she stated that salt, etc. used on the roads in winter affected the poles in Eden Prairie. Responding to a question from Councilmember Schneeman, she stated that all the poles on Hiawatha are painted and they are the same color as the galvanized. Xcel tests and experiments with various things. Minneapolis likely wanted their poles painted that color. Xcel has found in experimenting with galvanized that from an aesthetic standpoint, they turn flat gray and blend in well with the skyline. They have also learned that some colors, like beige, light blue and cream, stand out more. Councilmember Vitelli stated that if the poles shown in the pictures are in such a condition after three years and there was a 15 year warranty, Xcel could go after the painting contractor. Ms. Ulrich responded that Xcel is going back to the contractor, and is investigating whether the painting was faulty. Councilmember Krebsbach moved that Xcel be directed to paint the power poles the same color as the water tower and the cell tower on T.H.55. Councilmember Duggan seconded the motion. Councilmember Schneeman stated that she would like to make sure that people know what they signed on the petition and will not be unhappy with the color of the poles when they are installed. She stated that on a cloudy day that color will stick out a lot more and she does not want people to be unhappy. Page No. 15 June 3, 2003 Councilmember Vitelli stated that he thinks it is a mistake to paint j the poles just because of the maintenance, but if the citizens want them painted he will vote for it. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Krebsbach stated that she had received calls about sound walls along I -35E and asked what the status is. Mayor Huber asked Acting Administrator Danielson to contact MnDOT to find out when the matter is on their schedule and ask Senator Metzen and Rep. Pugh can get the project moved up. Councilmember Krebsbach suggested that the two legislators be invited to a meeting to give Council an update on the legislative session. Councilmember Duggan thanked Ziggy's for putting on its appreciation celebration. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned to closed session to discuss potential litigation. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:43 p.m. Kathleen M. Swanson City Clerk ATTEST: /1 John J. Mayor,