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1996-09-03 Council minutesPage No. 1 September 3, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 3, 1996 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. Mayor Mertensotto called the meeting to order at 7:35 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, and Krebsbach. Councilmember Smith had notified the Council that she would be late and arrived at 9:45 p.m. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised meeting agenda, further revised to move item 8f, CAO Review: Bifulk -1936 Glen Hill Road, to the first item under Unfinished and New Business and to move item 8g, 4 topics regarding 1997 Preliminary Budget and Tax Levy, to follow item 8j under Unfinished and New Business. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES In the absence of Councilmember Smith, approval of the minutes of the August 6, 1996 regular meeting, was deferred to the end of the meeting and subsequently deferred to the September 17 Council meeting. CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, amended to remove item h, Approval of Stroh CAO Extension Request CAO 95 -05, and to authorize for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 14, 1996 Airport Relations Commission meeting. b. Acknowledgment of the August 1996, Building Activity Report. C. Acknowledgment of the July Fire Report. d. Acknowledgment of the NDC4 minutes and the agenda July 24, and August 7, 1996. e. Acknowledgment of the Announcement of Citizen's Jury on State and Local Financing. Page No. 2 September 3, 1996 f. Approval of Personnel Issues. g. Approval of Exterior Trim and Apparatus Room Painting at Fire Hall. h. REMOVED FROM AGENDA Approval of Stroh CAO Extension Request CAO 95 -05. Mayor Mertensotto requested that Mr. Stroh be scheduled for a personal appearance before the Council to discuss the request. i. Traffic Signal Update. j. Approval of Requested Sign and Awning Permit. k. Acknowledgment of Donations from Mendota Heights Animal Hospital. 1. Adoption of Resolution No. 96 -64, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION IN TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2, AND TILSEN'S HIGHLAND HEIGHTS PLAT 3." m. Approval of list of contractors dated September 3, 1996 and attached hereto. n. Approval of list of claims dated September 3, 1996 and totaling $252,210.76. o. Acknowledgment of August 27, 1996 Planning Commission Meeting Minutes. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Cynthia Schanno, 788 Monet Court, appeared before the Council on behalf of herself and 13 other homeowners in the Mendota Meadows development. She stated that for the public record, the homeowners are challenging the developer with regard to landscaping and common area problems. She described the homeowners' concerns and attempts to deal with the contractor. Page No. 3 September 3, 1996 Mayor Mertensotto explained that the City has no authority to settle such difficulties between the homeowners and the developer. However, he requested that appropriate City staff/departments work with the homeowners and the developer to mediate a resolution of the concerns and report back to the Council at its September 17 meeting. PRESENTATIONS Recreation Programmer Chris Esser presented a report on the Fifth Annual Celebrate Mendota Heights Parks! event held at Mendakota Park on August 24, 1996. The work and dedication of the committee members, volunteers, sponsors, and contributors from throughout the City were recognized. Mr. Esser especially acknowledged the effective contributions of Mary Weisenburger, Rhonda Burling, and Leslie Strom. On behalf of the Council and the City, Mayor Mertensotto expressed thanks and appreciation for the coordinated efforts of the volunteers that resulted in a well - organized and successful celebration. Marilyn Engebretson, representing the League of Women Voters, presented the City with a Certificate of Appreciation for its continued support of the League by providing meeting space for the League's activities. Mayor Mertensotto accepted the Certificate on behalf of the City. CAO REVIEW, BH;TJLK The Council acknowledged Administrative Intern Hollister's memo regarding the Critical Area Site Plan and application of Phil Bifulk, 1936 Glen Hill, for construction of a single family home on a vacant lot on the corner of Culligan and Glen Hill. A completed application is on file, the plans submitted conform to the Critical Area Ordinance, and staff recommends that approval of the Critical Area Site Plan be granted to the applicant in accordance with Ordinance No. 175. Mr. Jim Corrigan, the builder representing Mr. Bifulk, stated the final detail elevation, landscape and site plans for the single family home have been submitted and discussed with the staff. Approval of the critical area site plan is requested so that construction may begin shortly. During brief discussion, the Council noted no variances are required and setbacks in the critical area are well within the established guidelines. Page No. 4 September 3, 1996 Councilmember Krebsbach moved to approve the Critical Area Site Plan submitted by Phil Bifulk, for construction of a single family home at 1936 Glen Hill. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -26, BECKMANN Council acknowledged Administrative Intern Hollister's August 28, 1996 memorandum detailing the Planning Commission's review and public hearing conducted to consider the variance application, Case No. 96 -26, of Mr. Paul Beckmann. The applicant requests an 8' variance from the maximum height requirements to construct a 33' radio tower structure in the rear yard of his residence at 1882 South Lane. This tower will allow an unobstructed view of the satellite horizon to engage in amateur radio communication activities. The minutes of the Planning Commission's August 17 meeting were also available for the Council's information. The Commission, on a vote of 5 -1 recommends denial of the application because undue hardship was not established, because of adverse impact on the health, safety and general welfare of the community, and because approval would be contrary to the purpose and intent of the applicable zoning ordinance. Mr. Beckmann distributed and read his documentation, using visual aids, prepared to address the issues raised by the Planning Commission and the public, including obtrusiveness, health and safety, interference, and reasonable accommodation. He described the variance request and the purpose of the antenna support structure. Mr. Beckmann reviewed his qualifications and licensing as a radio operator. He pointed out that the Federal Communications Commission (FCC) governs and monitors activities of radio operators. In addition, FCC Memorandum and Order PRB -1 recognize the amateur radio service as being in the national interest and preempts state and local regulations that do not reasonably accommodate the communication needs of the amateur. Mr. Beckmann requested approval of the variance to accommodate the requirements of his communications mode. It was pointed out that because the Planning Commission's minutes were received by Council today, the members have only made a cursory review of the Commission's findings. Therefore, during the applicant's presentation and subsequent discussion, the Council's review consisted of questions and fact - finding for information purposes. Page No. 5 September 3, 1996 Mr. Beckmann responded to questions and concerns from the Councilmembers, provided clarifications, detailed descriptions and visual depictions of the support structure, the antenna, and the communications dish. Mayor Mertensotto inquired how long Mr. Beckman had lived in his home and whether he was aware of the height limitation when he planned and constructed his home. Mr. Beckman responded eight years and that he was aware of the height limitations when he built his home. Mayor Mertensotto inquired how could there be a hardship of the house shielding the antenna from satellites, that the house was creating the hardship and the applicant was aware of the height limitations when the house was built. Mr. Beckman responded it could be considered a practical difficulty. Mr. Beckmann outlined examples of amateur radio service deemed to be in the national and international interest. The location and purpose of commercial communication antennas and towers in the City were noted for comparative purposes. Mr. Beckmann reviewed communications he has had with adjacent neighbors. During his presentation, the applicant explained that his proposal represents a considerable compromise on his part to minimize the visual impact in the area, yet serve his needs adequately. Councilmembers expressed concern regarding the safety of the proposed structure. It was concluded that an independent engineering evaluation of the structure's safety and integrity would be prudent. Results of the review should be available to the Council before a decision on this application can be made. The Councilmembers acknowledged the need for sensitivity to the concerns of adjacent residents who object to construction of the proposed structure in their neighborhood. The Council acknowledged letters received from concerned residents regarding the application. Mayor Mertensotto called for comments from the public. Mr. and Mrs. Dennis Finn, 645 Wesley, stated they object to construction of the antenna structure. They submitted a list of 24 other homeowners who join them in supporting denial of the variance request. Mr. Finn noted that while the homeowners association's covenants do not specifically prohibit an antenna, a satellite dish is prohibited. In the homeowners' opinion, the primary objections to the tower are blemishment of the neighborhood landscape, interference Page No. 6 September 3, 1996 with electronic equipment, and decrease in the market value of their homes and property. Mr. John Bellows, attorney, supported Mr. Beckmann's technical description of the equipment and tower structure and the visual impact in the area. He responded to additional questions from the Councilmembers and reiterated the FCC's requirements related to "reasonable accommodations" of amateur radio operators. The consultant also refuted the alleged devaluation of property adjacent to antenna towers, noting that data does not support the claim. Following the extensive informational dialogue between the applicant and the Council, the Councilmembers agreed it is necessary to defer action on Planning Case No. 96 -26, Paul Beckmann, 1882 South Lane, Height Variance for Antenna Tower, to a future meeting date (possibly September 17 or October 1, 1996). The Council directed the staff to obtain an independent engineering report as described. Councilmember Huber moved to continue until October 1, 1996 further consideration and action on Planning Case No. 96 -26. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -24, OLSON Council acknowledged a memorandum from Administrative Intern Hollister regarding Planning Case No. 96 -24, a request from Mr. Marc Olson for a Conditional Use Permit to construct a detached garage on his property at 832 Wagon Wheel Trail. Mr. Olson explained that he intends to construct a 24'x 28', 2 -1/2 vehicle garage. He described the location of the garage which will be constructed ten feet from the side property line. Mr. Olson stated there will be no alterations to the existing driveway that is paved to the property line and understood that any extension or new driveway must be five feet from the property line. He agrees to re -side his home in the spring with the same colors as the new garage. The Planning Commission recommends approval of the application with the following conditions: 1) The new garage meet all zoning and setback requirements; and, 2) Any new driveway area be set back five feet from the property line. Mayor Mertensotto called for comments from the public. Page No. 7 September 3, 1996 No persons appeared to speak on this application. Councilmember Krebsbach moved adoption of Resolution No. 96 -66, "GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AT 832 WAGON WIIEEL TRAIL." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -25, EVANS City Administrator Batchelder reported that Mr. Robley Evans telephoned the City to withdraw his application, Planning Case No. 96- 25 for a three foot side yard setback variance to create a parking area for a recreational vehicle. Mayor Mertensotto stated the matter will be continued until a written withdrawal is received and placed on a future Council meeting agenda. CASE NO. 96 -28, PIRKL The Council acknowledged Administrative Intern Hollister's memorandum regarding Planning Case No. 96 -28, an application from James R. Pirkl, to divide his one acre property at 610 Callahan Place, into two lots. A completed application is on file. The Planning Commission recommended approval of the lot division (one dissenting vote and one absent member), with the following conditions: 1) The existing driveway be moved to be five feet from the property line; and, 2) The new driveway be reviewed by City Staff to assure that the existing significant trees are not removed or harmed by the new driveway from Callahan Place. The application meets ordinance requirements in all other respects. Mr. Pirkl appeared before the Council to answer questions regarding the lot split. He explained where he intended to construct a new dwelling on the new lot, how it would align with the existing home, and assured the Council that all required setbacks would be met. This application consisted merely of a request for a division of the current lot. However, considerable discussion took place between the Councilmembers and the applicant regarding placement of a new dwelling and its driveway, use of the platted roadway, access to the cul -de -sac, setbacks, easements, right -of -ways, etc. These issues were further complicated by the applicant's possible consideration of a Page No. 8 September 3, 1996 further subdivision of the lots. Conclusions regarding the issues were not made at this time, however, the discussions provided guidance for future plans for the property. Council questioned what street the front of a home on Parcel B would face and expressed concern regarding driveway access for that residence. The Council considered granting the applicant driveway approval that would involve vacation of City easements. Following extensive discussion, the Council agreed to grant the applicant a driveway permit in the specified location, to Warrior Avenue; however, it was agreed that such approval does not establish any front yard setbacks variances or grant any easements for future construction on the properties. In addition, the applicant was informed that all Code requirements must be met with respect to existing and future driveways as well as construction of home(s). It was agreed that the related issues brought to the applicant's attention during this discussion would be considered and resolved at the time plans are submitted for a building permit for construction on the lots. It was noted that a park dedication fee is payable by the applicant before release of the approving Resolution. Councilmember Huber moved adoption of Resolution No. 96 -68, "ALLOWING A LOT DIVISION AT 610 CALLAHAN PLACE," and moved granting driveway approval. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CAO REVIEW, JANECEK Council acknowledged Administrative Intern Hollister's memorandum regarding the review of critical area site plan submitted by Mr. Bob Janecek, 1665 South Lexington Avenue. Mr. Janecek appeared before the Council to answer questions and provide additional information regarding work completed and in progress, landscaping plans, and storm and ground water problems on the property. It appears that some drainage problems may have resulted from effects of storm water sewer projects on surrounding properties. The Council reviewed the landscape plan, the project, and related issues including traffic sight lines. While substantial improvement has Page No. 9 September 3, 1996 been made, it was recommended that two additional trees be relocated to improve the sight lines at Highway 13 for safety reasons. The applicant was requested to consult with the Public Works Director prior to relocation of the trees. It was noted that the amount of fill already deposited exceeds the limitations; therefore, no additional fill can be added. The Council commended Mr. Janecek for the improvement work completed. Councilmember Krebsbach moved approval of the Critical Area Site Plan submitted by Bob Janecek, 1665 South Lexington Avenue, to be consistent with City ordinances with respect to maximum visibility and a fill permit to exceed 100 cubic yards. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PRELB41NNARY BUDGET AND TAX LEVY FOR 1997 Council acknowledged Treasurer Shaughnessy's memorandum and attached resolutions covering the City's 1997 preliminary budget and tax levy and final tax levy for the commercial street light district. Council's discussion centered on the added service level of a full-time, rather than part-time, recreational director. Speaking against the increased service, Mayor Mertensotto stated the increased level represents a duplication of efforts provided by community education and programs provided by other sources. In addition, he pointed out that various new programs would be created and offered by the City that could not be withdrawn in the future. This would result in a permanent position and service that would increase the City's budget needs. Councilmember Huber supported the increased services to be provided by a full-time position pointing out that fees charged for the programs would cover the added cost and that additional financial burdens to schools should be avoided. The other Councilmembers participated in discussion of the issue. Following extensive discussion, the Council agreed to leave the proposed funding for a full -time recreational director in the budget noting that a final decision can be made when the Truth -in- Lending Hearing is held on December 3, 1996. Page No. 10 September 3, 1996 Councilmember Huber moved approval of Resolution No. 96- 69, "ADOPTING PROPOSED BUDGET," Resolution No. 96 -70, "APPROVING TENTATIVE 1996 LEVY COLLECTIBLE IN 1997," and Resolution No. 96 -71, "APPROVING FINAL 1996 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 1997." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 VICTORIA. CURVE Council acknowledged Parks Project Manager Kullander's memorandum regarding Victoria Curve pedestrian and bicycle safety improvements. The concept plan to construct an off -road trail from City Hall westerly to Hunter Lane has been reviewed by the Park and Recreation Commission. Of several options considered, the Commission recommends installation of widened shoulders on Victoria Curve from Lexington to Hunter Lane and that the project be funded by the Road and Bridge Department. The Councilmembers discussed the recommendations for the project. Mr. Kullander answered questions and provided further clarification regarding parking, safety, and right -of -ways along the trail. Councilmember Krebsbach moved to direct staff to prepare plans for separated safety improvements on the north side of Victoria Curve from City Hall to Hunter Lane as part of the Mendota Interchange Project. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HAGSTROM -KING COURTS Council acknowledged Administrative Intern Hollister's memorandum providing background regarding installation of tennis courts at Hagstrom -King Park. Councilmember Smith stated that the residents in that area were promised tennis courts and their expectation should be fulfilled. According to information available, previous approval of the courts in 1994 was reconsidered and removed from the Capital Improvements Plan in 1995. The Councilmembers discussed the number and usage of tennis courts throughout the city including those at schools. Page No. 11 September 3, 1996 The Councilmembers discussed the number and usage of tennis courts throughout the city including those at schools. Councilmember Koch stated that the city negotiated with the developer for the park and it should be brought up to the same standard as other comparable parks in the city. Councilmember Krebsbach moved to approve installation of tennis courts at Hagstrom -King Park through incorporation into a 5 -year plan with funding to be provided from Parks and Recreation. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 VALLEY PARK SKI TRAIL Council acknowledged Parks Project Manager Kullander's memorandum regarding the construction of a cross country ski trail in Valley Park as recommended by the Parks and Recreation Commission. Following discussion, the Councilmembers concurred that they would be amenable to adoption of this proposal and generally endorse the concept of ski trails, but recommended that an overall plan for ski trails be developed. AGREEMENT PROJECT Council acknowledged Park Project Manager Kullander's memorandum regarding the MnDOT Cooperative Agreement Project -Dodd Road at Highway 110. Additional construction work related to this project and the costs are detailed in the memorandum. The Councilmembers discussed the staff recommendations and concluded that the review and public hearing requirements under the Wetland Ordinance should not be waived. Councilmember Smith moved to authorize staff to include trail improvements on Dodd Road north and south of Highway 110 in the final plans released for bids and to use T.I.F. funds for the original segment and for the two additional segments. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 NDC4 1997 DRAFT BUDGET Council acknowledged the City Administrator's memorandum regarding the 1997 draft budget submitted by the Northern Dakota County Cable Communications Commission for Council review and approval. Each member city may submit objections or indicate Page No. 12 September 3, 1996 ESTABLISH MEETING DATE Mayor Mertensotto and Councilmember Smith agreed to set 8:00 a.m., Wednesday, September 11, 1996, for a meeting with the Metropolitan Airport Commission to conduct contract negotiations on the third parallel runway, and directed staff to make the necessary arrangements. COUNCIL COMMENTS Councilmember Krebsbach suggested that instructions for using cellular phones to contact city office and services be distributed. LABOR NEGOTIATIONS The Council agreed to carry-over to its next meeting a discussion of labor negotiations. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:50 o'clock A.M., September 4, 1996. athleen M. Swanson, City Clerk j ATTEST: Charles E. Mertensotto Mayor Transcribed by: Arlene H. Bergfalk TimeSaver Off Site Secretarial