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2002-03-07 City Council minutesPage 1 March 7, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, March 7th, 2002 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o' clock P.M. on Thursday, March 7, 2002 at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto, Council members Dwyer, I- •ebsbach, Schneeman and Vitelli. AGENDA ADOPTION Council member Schneeman moved adoption of the revised agenda for the meeting. Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 MINUTE APPROVAL Council member Vitelli moved approval of the minutes of the regular meeting held on Tuesday, February 19, and Wednesday, February 20th, 2002. Council member Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Council member Dwyer moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Unreviewed/Unapproved Minutes from the February 12, 2002 Parks and Recreation Commission meeting. b. Acknowledgement of the Unreviewed/Unapproved Minutes from the February 13, 2002 Airport Relations Commission meeting. c. Acknowledgement of the Unreviewed/Unapproved Minutes from the February 26, 2002 Planning Commission Meeting Page 2 March 7, 2002 d. Acknowledgement of the February 2002 Building Activity Report e. Acknowledgement of Updated Five Year Parks Plan (2001- 2005) Capital Improvement Plan. f. Authorization for Execution of Proposal from ProTec for Phase 11 Subsurface Investigation of Birch Parcel g. Authorization for Execution of Proposal from Braun Intertec for Geotechnical Evaluation and Expert Witness Testimony for the Brian Birch property. h. Authorization for Execution of proposal from Ehlers & Associates Authorization for AT&T Antenna Modification j. Adoption of Resolution No. 02-07: "RESOLUTION DENYING A FIVE FOOT VARIANCE TO THE REAR YARD SETBACK FOR 1705 VICTORIA ROAD SOUTH" k. Approval of List of Contractors 1. Approval of List of Claims Council member Krebsbach seconded the motion Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. XCEL CUP APPLICATION* Mayor Mertensotto stated that this item is a continuation of the public hearing that was held on February 19th and February 201h for Xcel's application for a conditional use permit, wetlands permit and critical area permit for a I I 5kV transmission line and substation upgrade. Mayor Mertensotto stated that he would be running a very tight proceeding during this meeting. He would allow those individuals that have not addressed the Council before to speak, as well as anyone that has new information to present. The Council heard testimony from the public and Xcel Energy until 8:55 PM, when the Mayor closed off the public comments. Page 3 March 7, 2002 Council member Krebsbach made a motion to adopt Resolution No. 02- 08: "A RESOLUTION DENYING A CONDITIONAL USE PERMIT, A WETLANDS PERMIT AND A CRITICAL AREA PERMIT FOR XCEL SUBSTATION AND TRANSMISSION LINE CHANGES WITHIN MENDOTA HEIGHTS" with a change in the language of clause 14 to read: The applicant did not provide the City with a long -term plan (5 -10 years) for the Rogers Lake Substation, located in a residential area, in light of the expected increased need for power in the southeast metro (Eagan industrial area, Bloomington and the MSP International Airport) and what the long term impact will be on the Rogers Lake Substation and the associated line" Mayor Mertensotto seconded the motion. Ayes: 3 (Mertensotto, Krebsbach, Schneeman) Nays: 2 (Vitelli, Dwyer) RUSSEL SUBDIVISION /LOT RECOMBINATION Attorney Joe Christensen appeared before the Council on behalf of his client, Terry Russell of 716 Maple Park Court to discuss his application for a subdivision and lot recombination with his neighbor, Patricia Reardon at 754 Woodridge Drive. Christiansen explained that Mr. Russell would like to add a portion of Ms. Reardon's property to his own. The Planning Commission failed, on a split vote, to recommend that the City Council approve the Subdivision Lot Recombination Mayor Mertensotto stated that the City should have a covenant from the Russells agreeing that they will not file a petition to fiirther subdivide the land. This conveyance would run with the land and would prevent future owners of the property from subdividing also. Council member Vitelli suggested that the City should require them to "do it right" and replat the lot. Mr. Christiansen indicated that to do that they would need a survey, and that alone would cost over $2,000. Mr. Christiansen indicated that the Dakota County surveyor will allow this subdivision if the City agrees. Council member Dwyer stated that he is in favor of accommodating this request and suggested that the City Attorney and Mr. Christiansen work on some covenant language for the next Council meeting consent calendar. Ayes: 5 Nays: 0 HANZEL CUP GARAGE VARIANCE Page 4 March 7, 2002 Council member Schneeman made a motion to table the subdivision request until the April 2nd Council meeting and asked City Attorney Schleck to work on covenant language for the Council to consider. Council member Dwyer seconded the motion. Eric Hanzel, of 1970 Knob Road appeared before the Council to discuss his application for a CUP and variance for a 960 square foot detached garage. The Planning Commission recommended that the Council approve the CUP and variance on the grounds that Mr. Hanzel has a large lot, and the design of the existing home does not accommodate an attached garage. Mayor Meitensotto verified with the applicant that the exterior materials will be the same as the principal structure. Mr. Hanzel indicated that they will be. Council member Dwyer pointed out that the City Planner recommended approval of the CUP with the condition that the existing shed is removed as planned and that the garage is finished to match the principal structure. Council member Vitelli made a motion to approve Resolution 02- 09: "A RESOLUTION APPROVING A CUP AND VARIANCE FOR A 960 SQUARE FOOT DETACHED GARAGE FOR ERIC C. HANZEL OF 1970 PILOT KNOB ROAD", with the condition that the existing shed on the property is also removed. Council member Dwyer seconded the motion. Ayes: 5 Nays: 0 Council member Vitelli suggested that staff review the requirements for detached garages versus attached garages and come back with a recommendation on size. Council member Krebsbach disagreed stating that no matter how large the City allows garages to be, people will always want them bigger. BENNETT VARIANCE Joel and Julia Bennett of 2295 Apache Street appeared before the Council to discuss their application for a five-foot rear yard setback variance for a home addition. The Planning Commission recommended that the Council approve the five foot rear yard Page 5 March 7, 2002 setback variance due to the small size of the lot and the City's previous practice of granting similar variances for undersized lots in Friendly Hills. The Mayor noted that City Planner Steve Grittman recommended denial of the variance, as there are options to the design of the addition that would meet the setback requirements and accommodate an increased livable area in the home. Council member Schneeman made a motion to approve RESOLUTION No. 02 -10: "A RESOLUTION APPROVING A FIVE FOOT REAR YARD SETBACK VARIANCE FOR A HOME ADDITION FOR JOEL AND JULIA BENNETT FOR 2295 APACHE STREET ". Council member Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUD CONCEPT PLAN TOLLEFSON DEVT. Mr. Matt Weiland of Tollefson Development appeared before the Council to discuss his concept plan for a multi - family housing Planned Unit Development on the Garron and Acacia sites at the north end of Pilot Knob Road. Tollefson has secured purchase agreements for both the Garron and Acacia sites. Weiland explained that he is working with Pulte Homes and Hedlund Engineering to build owner occupied townhomes on the site. The Planning Commission and the City Planner indicated that they could not support the proposal in its current form. In his report, City Planner Grittman indicated that he could not recommend this concept plan. The Comprehensive Plan calls for a development of high quality and impact due to its visibility from the adjoining highways and the significant views available to residents. The Planning Commission also indicated that the project was too dense. Mr. Weiland explained to the City Council that the plan he is presenting tonight is different than what was presented to the Planning Commission. He took the Planning Commissioners comments seriously and made some adjustments to the plan. The plan has been revised to include thirty-six less units, resulting in 6.6 units per acre. There are more consolidated open spaces and all private streets have been removed from the development. Mr. Weiland indicated that his life cycle housing would range from $160,000 - $180,000. Mr. Weiland indicated that he feels this development is perfect for a site with such drawbacks and airplane Page 6 March 7, 2002 and highway noise, as people with more money to spend may not be interested in the site. Mayor Mertensotto stated that this is not the type of development that he is looking for on this site. Council member Dwyer stated that he agrees that there is a need for this type of housing in Mendota Heights, but that this product at this site is not what the Council has in mind. Council member Krebsbach stated that this is a premier site. It has spectacular views and is really the gateway for the community. She is hoping for a high -end condominium unit built to commercial grade to withstand the air noise. She would like upper end housing that would be able to take advantage of the spectacular views of Minneapolis and St. Paul. Mr. Jeff Hamiel, Executive Director for the Metropolitan Airports Commission addressed the Cotuncil. He stated that the MSP International Airport is the 7"' busiest airport in the Unified States. The runway that sends most of the planes over Mendota Heights has the second highest use. The Garron/Acacia site is within the DNL 65 contour. Over 40% of the departures from the airport will fly directly over this site. MAC is spending $400 million in noise abatement measures for homes near the airport. This property is within the defined noise impact zone but would not be eligible for any noise attenuation funding. 1998 was the last year there was any funding available for new residential development. Mr. Hamiel stated that he received a complaint from Augusta Shores despite all of the disclosure information that those residents had to sign. The MAC is also anticipating litigation from the Rogers Lake East neighborhood. The Garron/Acacia site could receive noise in the 95 decibel range. They may also feel the effects of low frequency noise vibrations. Mr. Hamiel stated that they approach the air noise problem as if it's a three legged stool. One leg is the user /airlines who develop new technology to help reduce the air noise. One leg is the airport who must do what they can to regulate departure procedures and other methods of reducing the noise. The final leg is the community doing what they can to zone their property in an appropriate manner. Mr. Hamiel stated that he is a Mendota Heights resident and knows the value of this site. He urged the Council to find another use for the site, other than residential housing. Even with the construction Page 7 March 7, 2002 standards that can be used, the residents on the Garron/Acacia site will not be protected from the noise when they open their windows or step outside. He understands that it is a gateway site the City can attract an upscale commercial user that and hopes that ty p would be appropriate for the property. Mr. Hamiel offered the services of his staff in helping to find an appropriate commercial use. Mayor Mertensotto thanked Mr. Hamiel for his comments. He addressed Mr. Weiland, indicating again that this development is not what the City Council has in mind for the site. ADJOURN Council member Dwyer made a motion to adjourn the meeting. Council member Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:00 PM * The detailed discussion for the Xcel Energy CUP can be found in the verbatim transcripts of the hearing as prepared by a professional court reporter. Charles E. Mertensotto Mayor ATTEST: hleen M. Swanson City Clerk