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1997-02-04 Council minutesPage No. 1 February 4, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 4, 1997 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. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Acting Mayor Smith called the meeting to order at 7:30 o'clock P.M. The following members were present: Councilmembers Huber, Koch, and Krebsbach. Mayor Mertensotto had notified Council that he would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Councilmember Huber moved approval of the minutes of the regular MINUTES Council meeting held on January 7, 1997. _ Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved approval of the amended minutes of the regular meeting held on January 21, 1997. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move item c, joint Council/Parks Commission minutes to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for January, 1997. b. Acknowledgment of the minutes of the January 14, 1997 Parks and Recreation Commission meeting. c. Acknowledgment of the minutes of the January 28, 1997 Planning Commission meeting. Page No. 2 February 4, 1997 d. Acknowledgment of the unapproved minutes of the NDC-4 Executive Comm -jittee meeting. e. Approval of the list of claims dated February 4, 1997 and totaling $424,315.24.. f Approval of the list of contractor licenses dated February 4, 1997 and attached hereto. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the amended minutes of the January 14, 1997 Joint Council/Parks and Recreation Commission meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97-01, BUROW Council acknowledged an application from Ms. Lynn Burow for a height and front yard setback variance to allow installation of a 42 inch high fence at 1219 Victoria Curve. Council also acknowledged staff reports, a letter from Ms. Burow and signatures of consent from neighboring property owners. Ms. Burow was present for the discussion. Ms. Burow briefly summarized her request, stating that a portion of her property was taken by Mn/DOT for Glenhill Road relocation, leaving a very steep slope in the front and south sides of her yard. She explained that the setback variance request would allow her fence to extend six feet into the right-of-way. She informed Council that she is requesting the height variance because she has a very large dog and a 36 inch high fence would not be appropriate. Councilmember Krebsbach stated that she is very familiar with the property and feels that the fence is a good idea. Acting Mayor Smith pointed out that part of the problem was caused by the relocation of Glenhill. She noted that there were comments from the Planning Commission members and neighbors about screening the fence, and asked Ms. Burow what she plans. Ms. Burow responded that she plans to plant vines along the fence and would like to completely cover the fence with vines if possible. She explained that Mn/DOT is planning to plant a number of crab Page No. 3 February 4, 1997 apple trees, bushes, etc., on top of the slope and informed Council that she would like to wait to install landscaping until Mn/DOT's landscaping is done. In response to a question from Councilmember Krebsbach, she stated that the fence will be on the south side of the trees on the top of the slope. Councilmember Krebsbach commented that a name had been crossed off of the neighborhood consent list. Ms. Burow responded that the name was crossed off because the property is more than 100 feet from her property so a signature was not required. Councilmember Krebsbach moved adoption of Resolution No. 97- 06, "A RESOLUTION GRANTING AVARIANCE ALLOWING A FENCE TO BE CONSTRUTED 6 FEET INTO A PUBLIC RIGHT- OF-WAY AND A VARIANCE ALLOWING A 42 INCH HIGH FENCE IN A FRONT YARD," due to the relocation of Glenhill Road which has created a hardship because of the extremely steep slope. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96-26, BECKMANN Council acknowledged a report from Public Works Director Danielson regarding continued discussion on an application from Mr. Paul Beckmann for a height variance to allow construction of a ham radio tower and antenna at 1882 South Lane. Council also acknowledged reports from the city's consultants, Geoffrey Jillson and John DuBois. Mr. Beckmann was present along with his legal counsel, Mr. John Bellows. Acting Mayor Smith informed the audience that all of the required information has now been filed with the city. Mr. Beckman stated that he has reviewed Mr. Jillson's comments responding to the Rentfrow report regarding the depth of the proposed foundation and making sure the soil beneath the foundation is sound. He informed Council that he has discussed the matter with Mr. Rentfrow and has agreed to go to a 60 inch depth for the foundation to alleviate any concerns Mr. Jillson may have. In addition, he stated that he would be willing to either excavate to the level of the house or to where uncompacted soil is reached and backfill with compacted soil to make sure the footings are sound. Acting Mayor Smith stated that Council has a number of things to consider with respect to the request for height variance. She explained that the Zoning Ordinance requires that no structure be Page No. 4 February 4, 1997 higher than 25 feet and Mr. Beckmann has requested a variance to construct a tower to 33 feet, with an antenna on the tower which could extend to a maximum height of 42 feet. She stated that Council has a number of concerns, primarily with respect to the health, safety and welfare of the community. She commented that Mr. Beckmann has proposed a tower that would be structurally acceptable to the experts the city has retained, but the community has raised concerns about aesthetics, property values and the general appearance of the neighborhood, and the changes this structure would cause in a residential neighborhood. She asked for questions or comments from the audience. Mr. Steve Krueckeberg, 680 Wesley Lane, presented Council with a photo he had taken of a crane that was behind the Beckmann house at one time. He stated that the photo gives an idea of what the antenna tower would like as someone drives up Wesley Lane. He stated that he is definitely opposed to the tower. Ms. Jeannie Del Fiacco, 651 Wesley Lane, stated that she is concerned about property values. She informed Council that she is a realtor and has had a home to show in a neighborhood where there was an antenna and it raised concerns for prospective buyers. She further stated that all of her electronics are high quality but she is concerned that the tower might cause interference. She stated that she is opposed to the tower: Mr. Mike McHugh, 1871 South Lane, stated that he is opposed because of the negative affects on property values. He stated that the structure has evoked such a uniform negative response from the neighborhood, it would certainly raise negative reactions from prospective buyers. Mr. Steve Baker, 1851 South Lane, stated that he opposes the tower. Mr. Jack Diehl, 650 Wesley Lane, stated that he opposes the tower. Mr. Bellows stated that he is disappointed that he and Mr. Beckmann have not been able to allay the concerns of the neighborhood but that Council needs to focus on two issues. He stated that on page two of his report, Dr. DuBois states that the proposed system is the minimum satisfactory configuration for Mr. Beckmann's application. He further stated that he believes the safety issue has been addressed - Mr. Beckmann plans to place cedar lattice work around the base to serve as an anti -climb device and also to reduce the visual impact. He informed Council that in his conversations with the Dakota County Assessor, he was informed Page No. 5 February 4, 1997 (� that the assessor's office places no value on a tower, either positive or negative, when assessing a property. With respect to the interference issue, he stated that he has sent correspondence to the City Attorney on the issue, consisting of his analysis of the situation and a copy of a letter from the FCC to Hempstead, Long Island, which basically says that the question of amateur radio communications is outside of the decision of the city. He stated that in his report, Dr. DuBois indicates that the likelihood of interference to the neighbors is small. Regarding Dr. DuBois' comments about the FCC closing its local office, he stated that there is a compliance office in Maplewood which can be easily reached if there are any future questions. Ms. Lynn Girouard, 1902 South Lane, asked who residents turn to when a rooftop antenna affects their property values - and stated that they turn to the City Council. She asked where it would stop if Council allows a permanent structure like this in an up -scale neighborhood. She stated that Council needs to defend the attributes the residents moved to Mendota Heights for. She further stated that there is a nature area behind her home which needs protection from the proposed commercial structure. t ) Acting Mayor Smith stated that Council has received a great deal of information. She felt that Council should discuss the issues that it finds to be paramount and ask any still - outstanding questions. Councilmember Krebsbach stated that she is ready to make a motion to deny the variance on the basis that Mr. Beckmann's need for communication at the level he proposes could be provided by a set of antennas without the need for a variance. She referred to the third paragraph of a letter from Mr. Beckmann dated August 28 which speaks to the issue, and cited Mr. Beckmann's comments in the November 19 Council minutes in which Mr. Beckmann also stated that he could erect multiple antennas in his yard but was concerned about aesthetics. She pointed out that the Planning Commission voted to deny the variance and gave their findings. She felt that Mr. Beckmann is placing the onus of relieving his property from having multiple antennas on the neighborhood. Councilmember Koch stated that when it is making a decision on an issue like this, Council receives many reports and many comments, both pro and con. She stated that she feels that much of the information is inconclusive, and what she has come to in her decision tonight to agree with denial is that to a neighbor, the neighborhood has been overwhelmingly opposed to the tower. She felt that every individual, as a member of a community, has a social Page No. 6 February 4, 1997 ' responsibility to where they live. She stated that she would like the neighborhood to know that Mr. Beckmann can install multiple antennas, which could have more of an aesthetic impact on the neighbors, and the neighborhood should be aware that Mr. Beckmann was considerate enough to have discussed the option. Because of the social responsibility and lack of hardship, she stated that she will vote to deny the variance. Acting Mayor Smith stated that Council must vote on a motion of intent on the issue and must substantiate the significant findings and direct staff to prepare findings of fact for the next Council meeting. Councilmember Huber stated that in the early meetings there were many neighbors who spoke about the act that they knew the Beckmanns well and it was difficult for them to speak against the proposal. He stated that there is extremely strong neighborhood objection to the variance and he has received an expression of concern in the community at large that if this antenna is approved others would follow. He stated that his sense is that the community supports Council's intent to try to protect the neighbors. Acting Mayor Smith stated that in the simplest terms, Council has received a request for variance and Mr. Beckmann has indicated that he could be accommodated without a variance, and the Planning Commission could not find a hardship. She stated that this would be her basis for supporting denial. Councilmember Krebsbach moved that it is Council's intent to deny the variance request with direction to staff to prepare a resolution setting forth the findings of fact for consideration on February 18. Councilmember Huber seconded the motion, Ayes: 4 Nays: 0 PASTER ENTERPRISES Council acknowledged a memo from Public Works Director Danielson regarding continued discussion on a request from Paster Enterprises for Council authorization to Mn/DOT to sell its easement ownership rights to Mn/DOT Parcel 36 to Paster. Mr. Ed Paster and Mr. John Streeter were present for the discussion. Mr. Streeter reviewed a site drawing and proposed revisions to the holding pond. He explained that the revisions were designed by Bolton and Menck to meet the requirements of the city and Mn/DOT. He showed where a proposed restaurant structure would be placed on the property, explaining that the structure would be detached form the shopping center on the adjacent Parcel 36. Mr. Page No. 7 February 4, 1997 Streeter stated that the Dodge Nature Center owns a huge piece of land east of the shopping center that will never develop, and all Paster Enterprises is asking for is a parcel of land 150 feet wide by 300 feet long that Mn/DOT took from the shopping center property. Acting Mayor Smith stated that at the last discussion, Council informed Mr. Paster and Mr. Streeter that Council would be discussing the Freeway Road area at a workshop on February 1. She stated that a number of questions were raised at the workshop about how the area north of T.H. 110 will develop, and some of the questions did involve items that would affect the land south of the highway. She stated that she believes Council would like to defer a decision on Paster Enterprises' request until Council can better evaluate what its ultimate sense will be for development to the north. She informed Mr. Paster that she would prefer that Council take a much more complete look at what could happen north and how that might ultimately impact the excess right-of-way south of the highway. She pointed out that the city has had concern about circulation patterns in the area of the shopping center for a long time. Responding to a question from Mr. Streeter, Acting Mayor Smith stated that Council did receive a report from the Public Works Director prior to the workshop, recommending that, with reservation of some of the right-of-way for drainage, the remainder of Parcel 36 be released. Public Works Director Danielson stated that he has included a copy of the information on the additional easement that he had recommended reserving. He explained that he recommended that the city have Mn/DOT retain an easement from T.H. 110 down to an including the drainage easement when Parcel 36 is released. He informed Council that he met with Paster Enterprises and Mn/DOT, and the Mn/DOT representatives agreed to the easement. Acting Mayor Smith pointed out that the recommendation was based on the assumption that if additional right-of-way is needed it would be to the east, but since the workshop Council would like to look more closely at all options before releasing any right-of-way. Mr. Streeter stated that Paster Enterprises has done a great deal of work, and with the exception of the City Council, every governmental agency that is involved is in agreement that releasing Parcel 36 would not have any impact on any roadway because of the vast amount of acreage to the east. He asked for a timeline if Council desires to do further study. Page No. 8 February 4, 1997 Acting Mayor Smith responded that Council's goal is to come up with a long range comprehensive plan for the north side of T.H. 110 and Freeway Road this year. Councilmember Huber pointed out that study of the realignment of Freeway Road and development of the northeast quadrant of Highway 110 /T.H. 149 will be done concurrent with updating of the city's comprehensive plan, which must be completed by the end of 1998. Mr. Paster informed Council of his plans for the parcel and stated that he has a window of opportunity to attract a restaurant to the site now but the opportunity may not be available for long. Acting Mayor Smith pointed out that when Mr. Paster came before Council to request authorization to do some filling on the parcel, Council specifically stated that it would not release the right -of -way. Counciimember Krebsbach informed Mr. Paster that in the workshop the primary concept discussed was the realignment of Freeway Road, and, secondly, consideration of a roadway coming across T.H. 110 on the Mn/DOT roadway if realignment of Freeway Road cannot be done. She stated that it would not be prudent to disassemble the right -of -way at this time. After lengthy discussion, Acting Mayor Smith stated that if in the course of Council's study it becomes apparent Parcel 36 is not needed, the city will contact Mr. Paster as soon as possible. COMPREHENSIVE PLAN Council acknowledged a memo from Public Works Director AMENDMENT Danielson regarding retention of a consultant to assist in updating the city's comprehensive plan. Mr. Danielson summarized his memo, stating that his recommendation is to either retain the City Planner or to direct staff to prepare a request for proposals for distribution to several consultants. Acting Mayor Smith stated that while the monthly planning functions are extremely important for the city, comprehensive plan preparation is an entirely different matter from the monthly planning process. She stated that the RFP process appeals to her, but that the scope of what the city proposes to do and a timeline must be developed. She was in favor of going out with an RFP, with a special invitation to the city's planning consultant to submit a proposal. Page No. 9 February 4, 1997 Councilmember Krebsbach stated that she would not want to communicate a lack of confidence in the city planner, and that Council would certainly look equally at all proposals. Staff was directed to prepare a request for proposals. WORKSHOP Council acknowledged a memo from Administrative Assistant Hollister regarding selection of a date for the joint Council/Planning Commission workshop on the proposed cellular/PCS ordinance. Staff was directed to prepare a recommendation for the next meeting for scheduling of the workshop between the middle and end of March. LABOR RELATIONS Council acknowledged a memo from Administrator Batchelder regarding letters from the Metropolitan Area Management Association regarding city subscription to the MAMA/League of Minnesota Cities labor relations services. Administrator Batchelder informed Council that the $3,023 subscription amount would be in addition to the annual dues paid to the League. He stated that staff is not advocating that the city subscribe. It was the consensus to decline the MAMAILMC offer. COUNCIL COMMENTS Councilmember Krebsbach congratulated the D.A.R.E. graduates and Officer Mario Reyes. Councilmember Koch stated that at a recent HRA committee meeting, the city's full requested allotment was approved. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:28 o'clock P.M. ATTEST: Kathleen M. Swanson, City Clerk AP, 0 -'L 1 Jill S�Jmth Acting Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 4. 1997 Asphalt Contractor License Ace Blacktop, Inc. Concrete/Masonry Contractor License KMAC , Inc. Marv's Masonry, Inc. Poured Foundations, Inc. Schlagel Masonry Excavatina C tract or License KCI Construction LeRoux Excavating Inc. Royal Excavating, Inc. Star Plumbing & Excavating Inc. Steininger Construction Co, Inc Gas Pi -ping Contractor L.jg-e—nB-P. Allied Fireside(Fireside Corner) Gavic & Sons Plumbing & Water Specialties Inc. Rouse Mechanical, Inc. Thermex Corporation Twin City Furnace Co, Inc. Valley Aire, Inc. wencl Services, Inc. HVAC Contractor License Rouse Mechanical, Inc. Thermex Corporation Twin City Furnace Co, Inc. Valley Aire, Inc. Wencl Services, Inc. General Contractor License Anchor Fence of MN, Inc. Giesen Construction, Inc. John Klem Construction Lindstrom & Son Roofing Quality Drywall, Inc. Spancrete Midwest Company Zeman Construction Company D3nmall/Stucco Contractor License JBL Plastering Inc. Prestige Drywall, Inc Pro Drywall, Inc. Landscape/Tree Service License S & S Tree Specialists, Inc. Rubbish Hauler License Action Disposal System Inc /BFI United Waste Systems of Minnesota Waste Manage - Savage