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1996-10-01 Council minutesPage No. 1 October 1, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 1, 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 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ACKNOWLEDGEMENT OF Council acknowledged receipt of the minutes of the September 17 MINUTES Council meeting. CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 24, 1996 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for September. c. Acknowledgment of the unapproved minutes of the September 4, 1996 NDC -4 meeting. d. Approval to issue a building permit to the Church of Saint Peter for replacement of the old wooden cross at the entrance to the Church with a new aluminum cross of the same size and in the same location. e. Adoption of Resolution No. 96 -80, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IVY FALLS SOUTH (IMPROVEMENT NO. 95, PROJECT NO. 3)," authorizing final payment of $10,253.95 to Kober Excavating for work completed on the project.. Page No. 2 October 1, 1996 f. Acknowledgment of a memo from Public Works Director Danielson regarding I -35E highway noise, along with two letters from Mn/DOT responding to the noise complaint from the city. g. Approval of the appointment of Patrick Hollister as Administrative Assistant at Level XXI of the city's pay matrix with a beginning annual salary of $33,119. h. Approval of the probationary appointment of Amy Griffin as Receptionist/Clerk- Typist, effective October 14, 1996, at Step A, Grade I of the city's pay matrix. i. Authorization for an expenditure of up to $3,600 for the purchase of a computer system to be funded jointly by the Administration and Engineering Departments. j. Approval of the list of contractor licenses dated October 1, 1996. k. Approval of the List of Claims dated October 1, 1996 and totaling $352,957.20. 1. Approval of the permanent appointment of Police Officer Brian Convery, effective October 3, 1996. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 BONFIRE Council acknowledged a memo from. Senior Secretary Kim Blaeser regarding the annual Halloween Bonfire. Council also acknowledged a memo from Fire Captain Jim Kilburg requesting city financial assistance for the event, and a letter from Paster Enterprises approving the use of shopping center property for the bonfire. Captain Kilburg, present for the discussion, stated that the Fire Department would like to conduct the bonfire this year, carrying on the tradition established by the Russ Wahl family. Mayor Mertensotto asked who would be in charge of the event, and i ) pointed out that all food handling must be in accordance with state food handling and general health rules. Page No. 3 October 1, 1996 Captain Kilburg responded that he would be happy to take on the responsibility for being in charge. Councilmember Koch moved to authorize a $500 city contribution for food and refreshments for the annual Halloween Bonfire. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOBACCO SALES Mr. Steven Markes was present to ask Council to adopt an ordinance restricting juvenile access to tobacco. Council acknowledged correspondence from Mr. Markes along with a proposed ordinance. Mayor Mertensotto asked how many Dakota County communities have adopted an ordinance similar to what is proposed. Mr. Markes responded that he does not know about Dakota County communities but names six metro area cities which have adopted the League of Minnesota Cities model ordinance. Mayor Mertensotto stated that he feels the cause is worthy but would it would be more effective if adoption of regulations were done in unison throughout the county. He suggested that Mr. Markes contact the DAP to get them to spearhead a uniform ordinance throughout Dakota County so that all regulations and enforcement would be uniform. Councilmember Krebsbach stated that it appears that the point of the proposed ordinance is that the licensees would be responsible rather than the employees and that there would be a criminal penalty for violating the ordinance in addition to license revocation. Councihnember Huber stated that he feels it is a worthwhile project but felt that the Mayor's suggestion is very worthwhile and he would prefer to follow that direction before Council considers adopting regulations. Councilmember Koch stated that she is not in favor of the ordinance the way it is written. She explained that she has spoken with Mr. Markes at length about the proposal and her concerns and that she has a strong opinion that while she is very much in favor of educating youth about the risks of smoking, smoking is a personal choice. She felt that parents, rather than merchants, should be responsible for their children and the children should be responsible for their actions. She did not feel another layer of authority is Page No. 4 October 1, 1996 needed, and pointed out that the city already has an ordinance in place which prohibits the sale of tobacco to minors. CASE NO. 96-26, BECKMAN Council acknowledged a memo from Administrative Assistant Hollister regarding continued discussion on an application from Mr. Paul Beckman for an 8 foot height variance to allow the installation of an amateur radio tower at 1882 South Lane. Council also acknowledged receipt of fifteen attachments to the memo, including letters from opposition from Mr. & Mrs. Dennis Finn and Mr. & Mrs. Jim Schueppert, site plans, elevations and technical specifications on the antenna. Mayor Mertensotto asked Mr. Beckman the status of his application and whether he has filed all required documents with the city. Mr. Beckman responded that the city's consultant engineer, Geoffrey Jillson, was out of town until late last week, but that he has spoken to Mr. Jillson and city staff on the details Mr. Jillson requires. He informed Council that he is in the process of getting that information for Mr. Jillson. Mayor Mertensotto stated that since Mr. Beckman has not completed his application or submitted all necessary information, Council would listen to public comments on the application for variance and the antenna support structure but would take no action this evening. Councilmember Krebsbach pointed out that while the Planning Commission made a determination that an eight foot variance is required, when it is extended for use the antenna would extended to 42 feet. She stated asked if the Commission's recommendation with regard to the 8 foot variance stands, since a 17 foot variance is what would be required. Mayor Mertensotto responded that the application is before Council for independent consideration because the Planning Commission is advisory. He stated that Council consideration should be on the maximum height the structure could be used at. Councilmember Krebsbach stated that Council has received other antenna requests in the past and looked very carefully at the extended use of the antennas. She further stated that she would like the application to be fore the use of the antenna in its extended condition. Page No. 5 October 1, 1996 Mr. Beckman responded that he knows that there are two different situations that need to be discussed - one is the crank up tower where the tower needs to be extended to full height. In his application, the antenna does not extend at all, but when it is rotating for a small amount of time it will extend to 42 feet. Councihnember Krebsbach asked that the application be amended for a 42 foot structure when it is extended in use. Mr. Dennis Finn, 645 Wesley Lane, stated that many people in the audience tonight are from his neighborhood and fifteen or sixteen families who are represented this evening all oppose the antenna. He stated that the basis for the objection is obstruction of views, safety concerns, and that the antenna will be an eyesore. He stated that he is befuddled that Mr. Beckman plans to proceed when the majority of his neighbors oppose it. Mayor Mertensotto responded that the last thing Council would like to see is divisiveness in the neighborhood, so he can understand Mr. Finn's point. He stated that if the neighbors oppose the variance but do not wish to speak publicly, they should submit written objections or a petition to the city. Councilmember Krebsbach stated that Mendota Heights' height above sea level makes it a desirable location for radio communications and the issue of antennas is something other neighborhoods may face as well, which is why she made the comment about the difference in the amount of variance needed. Mrs. Jan Schueppert stated that she lives across the pond from the Beckmans and did not receive a hearing notice. She stated that she moved to Mendota Heights because of the view from her home, which looks out over the Beckman house, and when the trees drop there is a very clear view of the homes across the ponds. She informed Council that when she bought her home she was concerned over what guarantee she would have that the view would remain, and there are covenants for the Ponds of Mendota which she expected everyone would adhere to. She asked why her view from her home, which is her hobby, force her to come to a Council meeting to object to Mr. Beckman's hobby which would destroy her hobby. Mayor Mertensotto explained that property owners within 350 feet of an applicant's property are notified of public hearings for conditional use permits, however variance applications do not require public hearing. He informed Mrs. Schueppert that in the Page No. 6 October 1, 1996 case of variances, the applicant must submit the written approval of his neighbors, which is why she was not notified. Mr. John Thames, 656 Wesley Lane, stated that the Beckman issue absolutely causes divisiveness in the neighborhood. He informed Council that his children and the Beckman children have spent much time together over the years and the Beckmans have always been good neighbors, so he went to speak to Mr. Beckman about the antenna two weeks ago. He stated that amateur radio operation is a very important hobby to Mr. Beckman and he wants to try to make it work. He stated that no one in the neighborhood is against Mr. Beckman, but there are safety concerns and concern on aesthetics, since Mr. Beckman proposes to put an antenna that no one wants to look at on the top of the hill, in the most visible place in the neighborhood. Mr. Thames stated that no one has been able to tell any of the neighbors what impact the antenna would have on their cellular telephones, television reception, etc.. Additionally, anyone driving through the neighborhood to look at a house for sale would likely wonder what the impact the antenna would be have on reception. He stated that all of the neighbors feel that there would be some diminishment of property values, which is why the neighborhood feels so strongly. He informed Council that the neighborhood opposition has nothing to do with Mr. Beckman personally or his hobby or ham radio operation. Mayor Mertensotto responded that for many years the value of property in Mendota Heights has been the envy of most communities in the state and there are many homes that fall in the upper category of the real estate market. He stated that this is partly because of the 15,000 square foot lot sizes and preservation of natural amenities. Mr. Jim Schueppert stated that he is present to voice his objection, stating that the city has adopted a reasonable ordinance and sixteen of the 22 residents of the Ponds of Mendota have signed a petition opposing the variance. He stated that he does not understand why Mr. Beckman needs a 42 foot tower and why a 25 foot tower, which would be allowed, is necessary. He also felt that the antenna would impact the aesthetic value of the neighborhood and asked who would guarantee to him that there will be no interference with things that operate on radio frequencies like cellular phones and garage openers. He felt that Council should study what impact the proposal would have on property values and perhaps should get an appraisal. He also stated that in his view, the protective covenants for the neighborhood clearly prohibit this type of tower. He stated that Page No. 7 October 1, 1996 i many of the covenants of Ponds of Mendota clearly prohibit the type of tower that is proposed. Mayor Mertensotto responded that Council is not governed by restrictive covenants but it has been his experience that restrictive covenants pretty much follow a norm based on the value of the neighborhood. He asked Mr. Beckman if he was aware of the neighborhood protective covenants at the time he purchased his property, and if there are restrictions from mounting things on the roof, why Mr. Beckman would want to get involved in ham radio operation. Mr. Beckman responded that he knows that the covenants are outside of the purview of the Council but he has made a copy of the covenants that are on record with the county, and he distributed copies to Council. Mr. Beckman stated that he is not a real estate person but does have good counsel at times and before he purchased his lot he retained an attorney who counseled him to get a copy of the covenants. Councilmember Krebsbach asked if Mr. Beckman had always intended to put up the antenna and if he requested a copy of the covenants from the county when he purchased the home. She further asked if had not been aware of the covenants that were common knowledge to the neighborhood. Mr. Beckman responded that it was not always his intent to install the antenna but that he acquired a copy of the covenants because it was his intent to find out the value of the land for himself and his wife and the restrictive covenants represented a value to them. He informed Council that over the past three to four years he has spent over $100,000 updating his home and adding an addition, and at the time he had the addition constructed he asked the county recorder what the restrictive covenants were so that he would not be throwing money away by putting in an area for ham radio operation. Mayor Mertensotto stated that Mr. Beckman has enumerated a very detailed procedure in purchasing his home. He asked if Mr. Beckman also checked to see if there were any height restrictions. Mr. Beckman responded that he did not and that he was surprised to find out that he could not erect a structure the same height as his house. He stated that if he wanted to put up a 25 foot simple beam type of antenna the ordinance is stacked against it, and he was very surprised to find that he could not erect a structure that is the same height as his home which did not require a height variance. Page No. 8 October 1, 1996 Mr. Schueppert stated that aesthetics affect property values and the neighborhood is concerned. He felt there should be a discussion about value. Mayor Mertensotto stated that if the neighbors are going to get an appraiser to provide the city with appraisals, they should get one who is well qualified in residential appraising and who is involved in these types of things. Councilmember Krebsbach stated that the distinguishing characteristic in Mendota Heights is the views and vistas. She was concerned that many of the neighborhoods have outstanding views and this may be an area of focus where ham radio and satellite operations come in conflict, but the views and vistas came first. Mr. Schueppert felt that Mr. Beckman or his expert should state why a 25 foot antenna would not work as well as a 42 foot structure and should also provide a guarantee that it will not interfere with radio controlled devices. Ms. Bonnie Finn stated that she does not think it is a question of whether the structure is 25 feet or 42 feet tall - she did not want an antenna of any sort. She stated that Mr. Beckman has been operating ham radio in his home for eight years and things could stay the way they are. She further stated that she spoke with Mr. Beckman two weeks ago and was told that once the support structure is in place, it is possible in the future that additional equipment would be added to it and she is uncomfortable with the statement. Mayor Mertensotto asked if the radio would pick up cellular phone conversations. Mr. Beckman responded that he does not have equipment that receives on 800 MHz frequencies and that equipment that receives cellular telephone has been banned from sale for the last 18 months. Councilmember Huber informed the audience that Council cannot take action on the application without information from the city's consultant. Councilmember Krebsbach moved to continue discussion to November 19. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 9 October 1, 1996 RECESS Mayor Mertensotto, called a recess at 8:57 p.m. The meeting was reconvened at 9:05 p.m. CASE NO. 96-29, Council acknowledged an application from Mr. & Mrs. Dennis McCARDLE McCardle for a seven foot front yard setback variance to allow construction of an addition to their home at 2159 Fox Place. Council also acknowledged associated staff and planning reports. Mr. McCardle explained that he proposes to construct a second story addition 23 feet from the front property line. He stated that the choices for a location for the stairway to the second story were in the area of the closets, but wherever the stairway is placed it conflicts with the closet he needs for heating ducts for the addition. He explained that the most logical conclusion he reached with his contractor was to put the addition to the front of the home to allow the stairway to be moved forward so as not to conflict with the duct work. Mayor Mertensotto, pointed out that precedent has been set for granting variances in Friendly Hills because of the small lot sizes. He also stated that the city has received letters of approval from the neighbors. Responding to a question from Mayor Mertensotto, Mr. McCardle stated that the exterior of the addition will match that of the original structure. Councilmember Krebsbach moved adoption of Resolution No. 96- 81, "A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE OF SEVEN FEET FOR 2159 FOX PLACE FOR THE CONSTRUCTION OF AN ENTRYWAY ADDITION." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96-83, BACHMAN Council acknowledged an application from Mr. Scott Bachman for a wetlands permit to allow construction of a pool, spa, fence, pool storage building, filters and heaters and to remove approximately 100 cubic yards of soil to within 45 feet of the wetlands area at 2464 Bridgeview Court. Council also acknowledged staff and planning reports, signatures of consent from neighboring property owners and site plan. Responding to a question from Mayor Mertensotto, Mr. Bachman stated that he has the written consent from his neighbors, including two property owners who live across the pond. He stated that he Page No. 10 October 1, 1996 two property owners who live across the pond. He stated that he applied for a building permit in August and was shocked that he needed a wetlands permit, because the original site plan for his lot showed a pool. Mayor Mertensotto responded that a permit is required when something is done and must stand on its own merits. He stated that Mr. Bachman did not apply for a wetlands permit with his original building permit. He pointed out that the City Planner has recommended that a silt fence may be needed, and the determination should be made during the building permit inspection process. Mr. Bachman responded that the work will be 20 feet away from the wetlands and that the pool will only be five feet deep and most of the soil will be put back. Councilmember Krebsbach pointed out that Mr. Bachman apparently plans to empty the pool into the pond. Mr. Bachman responded that he is putting in a chemical free purification system so it will not harm the pond water. Councilmember Krebsbach asked what guarantee there is that a future owner will not change the system and use typical chemicals. Public Works Director Danielson responded that people are allowed to empty their pools into the sanitary sewer system but cannot dump the water into the storm sewer. Councilmember Huber moved adoption of Resolution No. 96-82, "A RESOLUTION FOR A WETLANDS PERMIT FOR 2464 BRIDGEVIEW COURT FOR THE CONSTRUCTION OF A REAR-YARD POOL AND ACCOMPANYING STRUCTURES." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 RECREATIONAL VEHICLES Council acknowledged a memo from Public Works Director Danielson regarding a request from Mr. & Mrs. Mike Neska for a proposed Zoning Ordinance amendment to tighten up the requirements on storage of recreational vehicles in residential areas. Mayor Mertensotto briefly reviewed the matter. Public Works Director Danielson stated that Mr. & Mrs. Neska were intending to be present for the discussion but are not present. He Page No. 11 October 1, 1996 stated that the current ordinance language is vague on parking versus storage and the city attorney would like to strengthen the language. Councilmember Smith stated that if there is ambiguity in the ordinance it should be clarified, and the language does not need to be just as it applies to recreational vehicles, but to storage of all vehicles. Mayor Mertensotto stated that he feels that staff should prepare a proposed amendment for review by the city attorney and then by the Planning Commission. He explained that it has never been the city's practice to allow side yard storage in residential districts. City Attorney Hart responded that to the extent that Council is discussing vehicle storage, a single term (either parking or storage) should be used. Councilmember Smith felt that there should be clarification in the ordinance on what is sideyard and what is front yard. Administrator Batchelder stated that there is ambiguity between the 1 definitions of side yard and front yard, and it is staff s understanding that the intent of the ordinance is to keep recreational vehicles no more forward than the structure on the property. Mayor Mertensotto agreed, and asked what meaning there is to the thirty foot front yard setback if storage is allowed there. FIRE STATION REPAIRS Council acknowledged a memo from Building Manager Guy Kullander regarding roof leaking at the fire station. Administrator Batchelder reviewed the memo, informing Council that there has been a leaking problem during rainfall due to a malfunction of the repair work done under warranty in 1994. He informed Council that it is his understanding that the manufacturer considers the roof to be beyond the warranty period, and minor repairs have been made to stop the leaking. He stated that the question this time is whether the roof should be evaluated by a professional, and if the professional recommends replacing rather than repairing the roof, the question is whether replacement should be authorized. He informed Council that it is his understanding that the cost of repair is about half of the cost of replacement and it is likely that repair would only last two years. Councilmember Smith asked what the typical life of this type of roof is, pointing out that twelve years seems a very short time. Page No. 12 October 1, 1996 i Kullander called roofing experts and has been advised that there are problems with the type of roof and it is no longer being installed. He stated that replacement would be of a new and better type and that staff would like to have a professional analyze the roof. He informed Council that the roof has only been evaluated by roofing contractors at this time and an evaluation by someone with expertise in the field is needed in order to determine the most cost effective solution. Mayor Mertensotto suggested that staff contact Mr. Jim Walsh, of Finn Roofing, a resident and industrial roofing contractor to inspect the roof and give advice so that Council can make a decision. Administrator Batchelder stated that it is his understanding that the repair work which was done is temporary and could suffer damage from winds, and action should be taken as soon as possible. WORKSHOP Council acknowledged a memo from Administrator Batchelder regarding a proposed workshop to analyze the future use of the Dodd Road/T.H. 110 northeast quadrant, including use of the city owned property. It was the consensus that Council bring the street sweeping storage issue back for discussion but that a workshop on the use of the property be delayed until after the first of the year. CANVASSING BOARD Council acknowledged a memo from the City Clerk recommending the date for the Election Canvassing Board. Councilmember Huber moved that Council convene as the Election Canvassing Board at 5:00 p.m. on Wednesday, November 6, 1996. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Responding to a question from Councilmember Koch regarding the ballfield lighting issue, Administrator Batchelder informed Council that staff is planning a meeting with MHAA to discuss field scheduling. Councilmember Huber stated that the actual participation level in MHAA ball programs needs to be determined. Councilmember Smith stated that it is primary to her that if Council is ever to look at lighting at Mendakota Park, the city would need a stadium lighting ordinance that can be applied across the board. Page No. 13 October 1, 1996 City Attorney Hart stated that the question was whether to adopt a lighting ordinance that has application greater than stadiums, and one question that should be discussed is whether the city should adopt lighting and noise standards ordinance that also addresses stadiums. Administrative Assistant Hollister was directed to resurrect the stadium ordinance file and alert the Planning Commission that Council has raised the issue. 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: 5 Nays: 0 TIME OF ADJOURNMENT: 9:48 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL 50MT-T—T-TOMT W�M Concrete/Masonry Contractor License Excavating Contractor License Gas Piping Contractor RVAC Contractor Advantage Air, Inc General Contractor License Braxton Hancock & Sons, Inc Pat Henry's Prestige Pool Steel Structures, Inc Asphalt Contractor License Sign Contractor Univeral Signs, Inc