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1998-02-17 Council minutesPage No. 1 February 17, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday February 17, 1998 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MQNUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on February 3, 1998 as amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to remove item 1., Council recording secretary agreement, from the agenda and to move item g, Card conditional use permit, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the January 14, 1998 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the February 10, 1998 Parks and Recreation Commission meeting. c. Acknowledgment of the Treasurer's monthly report for January. d. Acknowledgment of the Fire Department monthly report for January. Ayes: 5 Nays: 0 CASE NO. 97 -39, CARD Page No. 2 February 17, 1998 e. Acknowledgment of the unapproved minutes of the January 7, 1998 NDC -4 meeting. f. Acknowledgment of receipt of 1998 Legislative Conference materials from the League of Minnesota Cities. g. Adoption of Resolution No. 98 -08, "A RESOLUTION EXPRESSING OFFICIAL INTENT TO PURCHASE EXCESS RIGHT -OF -WAY AT THE INTERSECTION OF HIGHWAY 55 AND HIGHWAY 494 ( "PARCEL 218 ") FROM MNDOT SUBJECT TO CERTAIN CONDITIONS," along with direction to staff to follow -up on Council concerns if they are not addressed in the materials to be provided by Mn/DOT. h. Approval of the issuance of a sign permit to Logic Information Systems for installation of a sign in the sign band at 2535 Pilot Knob Road, as recommended by Code Enforcement Officer Berg. i. Acknowledgment of a memo from the City Clerk regarding training of the new accountant. j. Adoption of a policy of Commission per diem at the rate of $25 per regular monthly meeting attended, to be effective on March 1, 1998 and direction to staff to fund the expenditure from the Administration Contingency line item. k. Approval of the issuance of cigarette licenses to Somerset Country Club, Snyders Drug Store, Twin Cities Stores, Inc. (Tom Thumb), Speedway SuperAmerica LLC #4516 and LLC #4521. 1. Approval of the list of contractor licenses dated February 17, 1998 and attached hereto. m. Approval of the List of Claims dated February 17, 1998 and totaling $110,603.80. Councilmember Krebsbach seconded the motion. Council acknowledged a memo and proposed resolution with respect to continued discussion on an application from Joseph Card for a Page No. 3 February 17, 1998 conditional use permit and variances for a garage addition at 644 Brookside Lane. Mayor Mertensotto stated that this matter was held over from the last meeting because Council did not receive a detailed sketch that reflected the agreement with the City. The information presented still does not give the height of the fence on the south property line. Administrative Assistant Hollister noted that condition No. 1 of the resolution stipulates that the maximum height of the south fence shall be no higher in elevation than the height of the privacy fence immediately south of the property, and the maximum height of the top of the roof shall be no more than two feet higher than the height of that fence. The height of the fence is six feet. Public Works Director Danielson noted that the fence appears to be six feet in height, but there are posts that are higher because the ground drops. Councilmember Krebsbach suggested that the agreement stipulate the fence to be no higher than six feet from the ground. Mayor Mertensotto stated that the application is a request for a conditional use permit for a non - conforming structure. The City must know that the south wall problem is resolved and that the maximum height of the roof is not more than two feet higher than the south fence. No doors or windows will be allowed on the south wall. Councilmember Smith stated that it would be better for both sides of the roof to be at the same pitch. With one side of the wall longer, it is difficult to determine whether the highest point of the roof will be 2 feet or 2.5 feet higher than the fence, and the roof will not be symmetrical. Mayor Mertensotto requested staff to discuss the matter with the Code Enforcement Officers. It is important that the apex of the roof should be no higher than eight feet. Councihnember Smith stated that it is more important that the apex falls in the middle of the roof, and that eight feet may not be correct. She asked the size of the landscape plantings and whether the neighbors have had a chance to the landscape plan. Administrative Assistant Hollister will follow up on the issues raised by Council and bring the matter back to the next meeting. Page No. 4 February 17, 1998 MEETING DATE CHANGE Mayor Mertensotto announced that the next regular Council meeting has been rescheduled to Wednesday, March 4, 1998 at 7:30 p.m. because Tuesday, March 3, 1998 is caucus night in Minnesota. Councilmember Krebsbach informed Council that she cannot attend the March 4 meeting. Councilmembers Huber and Koch stated that they would not be able to attend the March 17, 1998 meeting. CASE NO. 97 -41 Council acknowledged a memo from Assistant Hollister relative to PARK continued discussion on Planning Case 97 -41, a height variance for a fence at 2246 Fieldstone Drive. Mr. John Parritz stated that the proposed fence is to be a continuation of the Krohn's fence which ends 30 feet short of their property line. The fence would continue on 30 feet of the Krohn property and extend another 80 feet to the location of the former Weed family driveway. The same style fence is proposed to avoid a change in style mid -way along the Krohn property. Councilmember Smith stated that it was her understanding that the primary reason for the fence is security. Mr. Parritz responded that security is one of several reasons for the fence. Security is a concern with children who gather at the old driveway and use it as a short cut to Delaware Avenue. The fence will eliminate use of the driveway. He has talked to 10 of his closest neighbors who all agree with putting in the fence. Aesthetically, he prefers a view of the fence than Delaware Avenue. Councilmember Krebsbach recommended planting evergreens along the fence for landscaping. She expressed concern that the fence that is up has not worn well over time. Mr. Parritz stated that the fence he plans to put up will be constructed properly and will not be an eyesore. He plans to plant vegetation in front of the fence to the Krohn property line. Councilmember Smith stated that although she is sympathetic to the need for a fence, she cannot support the same style that exists. She would prefer to see a professional fence with more architectural features in this area that is very public. There are no distinguishing architectural features to the fence., She asked who would maintain the fence. Page No. 5 February 17, 1998 Mr. Parritz added that it will be installed at his own cost but will benefit the entire neighborhood. It is his preference to put in a style that is low profile with less design, and it is better not to change the style that exists but build it right and landscape it. He has talked to three contractors, none of whom indicated that this fence is poor quality. He will maintain the fence himself. Councilmember Huber stated that he is not worried about the quality of the fence because the contractor is a good builder and the fence company is reputable. Councilmember Krebsbach added that with the amount of vegetation in the area and planned landscaping, she does not believe the style of the fence will be a problem. Councilmember Koch stated that one of the reasons for granting approval for the Krohn fence was the steep and rolling terrain, which may be one reason the fence has not been maintained. She asked if the Parritz property is the same type of terrain. Mr. Parritz responded that Mr. Krohn put the fence in himself. It was not well done, and that is the reason it is in disrepair. Councilmember Smith asked the location of the right -of -way for Delaware Avenue. Mayor Mertensotto responded that there is 100 feet of right -of -way on Delaware. Mr. Parritz stated that the right -of -way line is approximately 20 feet back from the curb line. Councilmember Smith noted that typically there is a 30 -foot setback from the street. Mr. Parritz stated that there are no setback issues because the houses are much further than 30 feet from the road. When he applied, he was told that he must comply with a front yard setback distance. He showed a drawing that was approved for the Krohn fence. Councilmember Smith stated that City ordinance requires an additional side yard allowance on a right -of -way. Mayor Mertensotto stated that he believes the variance can be granted without setting a precedent based on the finding that the Page No. 6 February 17, 1998 topography of the area is unique with vegetation and screening in place. He requested that the resolution be redrafted to include this finding, as well as the fact that granting the variance will provide a measure of safety to prevent children from gaining access to Delaware Avenue, where the speed limit is 45 mph. Authorization of the variance will be granted based on the conditions set forth by the Planning Commission. The Council will vote on this resolution at the next Council meeting. Administrative Assistant Hollister noted that the review period for the application expires March 4, 1998, the same day as the Council meeting. Mayor Mertensotto asked the applicant to grant an extension of the application review to the regular Council meeting, Wednesday March 4, 1998. Mr. Parritz agreed to the extension. Councilmember Huber moved to extend the application review for Planning Case 97 -41 to the regular Council meeting, Wednesday March 4, 1998. ( ) Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 97 -43 Council acknowledged receipt of an application from Boyd Ratchye and Susan Light for a lot adjustment between 970 and 980 Wagon Wheel Trail. Council also acknowledged a staff memo and proposed resolution. Public Works Danielson reported that the Planning Commission recommended approval of the application on a vote of 6 to 1. Administrative Assistant Hollister stated that Commissioner Betlej voted against approval because of his concern about creating the need for a variance for the distance from the driveway to the new lot line. The other Commissioners felt that the shared driveway is not a concern. The request was approved by the commission without conditions. Councilmember Huber moved to approve Resolution No. 98 -11, " A RESOLUTION APPROVING A LOT ADJUSTMENT BETWEEN 970 WAGON WHEEL TRAIL AND 980 WAGON WHEEL TRAIL. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Page No. 7 February 17, 1998 r BLOOMINGTON LAKE Council acknowledged a request from the Bloomington CLINIC SIGNAGE Lake Clinic for approval of temporary and permanent signage for the former Centre Pointe Medical Building, along with a report from Administrative Assistant Hollister. Dr. Walter Hinck, Bloomington Lake Clinic, stated that the clinic, having outgrown its site in Eagan, has just purchased a site in Mendota Heights. Bloomington Lake Clinic also has sites in South Minneapolis and Bloomington. It is affiliated with the Fairview Hospital system but is not a Fairview clinic. Affiliation is also anticipated with United Hospital in St. Paul. Mayor Mertensotto noted that the site for the clinic is the former Centre Pointe Medical Building, which experienced difficulties in generating enough business traffic. However, Centre Pointe Drive will become more prominent with the new office buildings in the area. Dr. Hinck stated that he is not aware of the former clinic and that { Bloomington Lake Clinic is well identified with its other sites. The clinic in Eagan will continue as a Fairview clinic when Bloomington Lake Clinic moves to Mendota Heights. The clinic in Mendota Heights will be consistent with the services of the other Bloomington Lake Clinic sites. The clinic has been incorporated since 1930. It is their intent to preserve the name on their signage to retain their strong identity. The entire sign will read "Bloomington Lake Clinic Mendota Heights ". A temporary sign under the permanent sign is requested to cover the sign that currently exists. The signs will be rust brown to match the building with white letters. The plans are to open April 1, 1998, and it will take five or six weeks to order the signs. Councilmember Krebsbach asked if anything will be done to screen the heating and air conditioning units on the roof. Dr. Hinck responded that screening will be provided to comply with the ordinance. Councilmember Huber asked if the clinic will provide emergency service. Dr. Hinck stated that there are no plans for night or extended service at this time. Once the transition is complete, there may be some extended hours, but the clinic will not be an urgent care site. Ayes: 5 Nays: 0 NOISE ZONES AND LAND USE GUIDELINES Page No. 8 February 17, 1998 Councilmember Smith moved to approve the temporary "Opening Soon" sign for 90 days or until permanent signage is in place, to approve a temporary "Now Open" sign for 60 days, and to authorize the permanent modification of the existing permanent sign, as requested, based on the representation of the applicant that the sign colors will be rust brown with white letters. Councilmember Huber seconded the motion. Council acknowledged receipt of the "Metropolitan Council Noise Zones and Land Use Guidelines" report. Mayor Mertensotto stated that his main concern is that the 1996 Noise Contour Guidelines adopted by the Metropolitan Council are incompatible in Zone 3, the area slightly east of Dodd Road that is identified in the City's Comprehensive Plan as future residential development. At the recent joint meeting with the Planning Commission, recommendations were made to seriously consider incorporating Acacia land into the Garron site for the designated multi - family development. Pratt Homes has developed a preliminary design for terraced townhomes with three levels under a PUD. It is in the City's best interest to develop this site and not allow the noise contour to interfere. The City cannot allow the Metropolitan Council to interrupt the City's Comprehensive Plan that has been in place since 1959. The City is 90 percent developed, and with the last 10 percent of land available to develop, there is less flexibility. Mayor Mertensotto requested that the Council adopt a motion to authorizing a letter to be written to Mr. Herb Johnson, Executive Director explaining the dissatisfaction of Mendota Heights with the arbitrary and capricious designation of Noise Zone 3. The City of Eagan wrote a letter in support of the Metropolitan Council Land Use Guidelines. Noise is an ongoing battle with more and more aircraft, and the City must respond. On April 1, construction will begin on the south parallel. Planes are being released sooner than one minute apart. The immediate concern is to inform the Metropolitan Council about the City's dissatisfaction and incompatibility with residential use and request a meeting to discuss amendments. Councilmember Smith stated that the most noise comes from low flying aircraft. She asked if a minimum three -mile limit could be enforced to reach a certain altitude. She noted that the City's cooperation has not been beneficial for the City. The Metropolitan Ayes: 5 Nays: 0 NOISE ZONES AND LAND USE GUIDELINES Page No. 8 February 17, 1998 Councilmember Smith moved to approve the temporary "Opening Soon" sign for 90 days or until permanent signage is in place, to approve a temporary "Now Open" sign for 60 days, and to authorize the permanent modification of the existing permanent sign, as requested, based on the representation of the applicant that the sign colors will be rust brown with white letters. Councilmember Huber seconded the motion. Council acknowledged receipt of the "Metropolitan Council Noise Zones and Land Use Guidelines" report. Mayor Mertensotto stated that his main concern is that the 1996 Noise Contour Guidelines adopted by the Metropolitan Council are incompatible in Zone 3, the area slightly east of Dodd Road that is identified in the City's Comprehensive Plan as future residential development. At the recent joint meeting with the Planning Commission, recommendations were made to seriously consider incorporating Acacia land into the Garron site for the designated multi - family development. Pratt Homes has developed a preliminary design for terraced townhomes with three levels under a PUD. It is in the City's best interest to develop this site and not allow the noise contour to interfere. The City cannot allow the Metropolitan Council to interrupt the City's Comprehensive Plan that has been in place since 1959. The City is 90 percent developed, and with the last 10 percent of land available to develop, there is less flexibility. Mayor Mertensotto requested that the Council adopt a motion to authorizing a letter to be written to Mr. Curt Johnson, Executive Director explaining the dissatisfaction of Mendota Heights with the arbitrary and capricious designation of Noise Zone 3. The City of Eagan wrote a letter in support of the Metropolitan Council Land Use Guidelines. Noise is an ongoing battle with more and more aircraft, and the City must respond. On April 1, construction will begin on the south parallel. Planes are being released sooner than one minute apart. The immediate concern is to inform the Metropolitan Council about the City's dissatisfaction and incompatibility with residential use and request a meeting to discuss amendments. Councilmember Smith stated that the most noise comes from low flying aircraft. She asked if a corridor could be imposed for either a minimum three -mile limit or reaching a certain altitude. She noted that the City's cooperation has not been beneficial for the City. The Ayes: 5 Nays: 0 MILEAGE ALLOWANCE ARC INTERVIEWS Page No. 9 February 17, 1998 Metropolitan Council must be notified of the dramatic effect their action will have on the value of property for current residents and potential land use. The Metropolitan Council Guidelines ignore the guidelines established by the Metropolitan Airport Commission (MAC) and the MAC contract with Mendota Heights prohibiting a third north parallel runway. Councilmember Huber moved to authorize staff to prepare a letter to Curt Johnson at the Metropolitan Council summarizing the above comments and findings and to request a meeting to discuss the issues, including why strict enforcement will be required with no deviation. Councilmember Smith seconded the motion. Council acknowledged a memo from Treasurer Shaughnessy recommending an increase in the mileage allowance rate so that it is the same as the federal rate. Mayor Mertensotto directed staff to contact Dakota County for its mileage rate and to place the matter on the next agenda. It was the consensus of the Council to conduct Airport Relations Commission candidate interviews at 6:45 p.m., February 24, 1998. Mayor Mertensotto stated that Council will consider nine candidates for Police Chief at a Council workshop scheduled for the same evening. Following the workshop, five candidates will be invited for personal interviews. He anticipates an appointment sometime after March 1, 1998. Councilmember Koch moved to establish a City Council workshop meeting Tuesday, February 24, 1998, at 6:45 p.m. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith asked the status of the Comprehensive Plan update process. City Administrator Batchelder noted that at the Council's workshop meeting October 14, 1997, direction was given to the City's consultant to draft the form of the new Comprehensive Plan, which will be ready for Council review at the second meeting in March or ...... _ ......................... Page No. 10 February 17, 1998 the first meeting in April. The consultant has met with the Planning Airport Relations Commission, Parks Commission and the Commission. Council members indicated that they would like to conduct a workshop on the Comprehensive Plan in March. Councilmember Krebsbach requested that material for review be distributed a week in advance of the workshop. fore Council, There being no further business moved t ad' oeurn the meeting to 6:45 ADJOLfRN Councilmember Krebsbach m p.m. on February 24 for Airport Relations Commission, followed by a workshop on police chief recruitment. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:05 p.m. G � /p% Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 17, 1998 Concrete /Masonry Contractor License Viking Concrete & Masonry, Inc. Excavating Contractor License Hubbell Excavating KCI Construction Glenn Rehbein Excavating, Inc. United Water & Sewer Co. Don Wayne Excavating, Inc. Gas Piping Contractor License Dahms Heating, Inc. Erickson Plumbing Heating cooling Inc. Kleve Heating & Air Conditioning, Inc. South Mechanical Contractors HVAC.Contrac,tor License Centraire Inc. Dahms Heating, Inc. Erickson Plumbing Heating Cooling Inc- Kleve Heating & Air Conditioning, Inc. South Mechanical Contractors General Contractor License Crawford Door Sales Company Industrial Door Company, Inc. K-Designers United Glass, Inc. Witt - Miller, Inc. Sign Contractor License Attracta Sign Landscape/Tree Service License, Lawrence Tree Removal Rainbow Tree Company