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1991-02-19 Council minutesPage No. 2978 February 19, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 19, 1991 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 Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting, as revised to remove the List of Claims from the consent calendar. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the February 5th regular meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Abstain: 2 Blesener, Cummins CONSENT CALENDAR Councilmember Cummins moved approval of the revised consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for January. b. Acknowledgment of the minutes of the January 22nd Planning Commission meeting. c. Acknowledgment of the minutes of the February 12th Park and Recreation Commission meeting. d. Adoption of Resolution No. 91-07, "A RESOLUTION ESTABLISHING TARGETED RECYCLABLES FOR 1991.11 e. Acknowledgment of a progress report on the Mendakota Community Park. Page No. 2979 February 19, 1991 f. Acknowledgment of quotes received for the purchase of a plain paper laser facsimile machine and authorization for the issuance of a purchase order to IOS Canon for a Canon L770 facsimile for $2,833, to be funded as follows: Administration budget, $2,500, Engineering Fund, $333. g. Adoption of Resolution No. 91-08, 'RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4),11 bids to be received on March 26th. h. Authorization to enter into a purchase agreement for the acquisition of the Jerry Schouveller property on Roger's Road for a price not to exceed $134,800, the cost to be financed by the Tax Increment Fund. i. Acknowledgment of the annual recycling report for 1990. j. Approval of a letter to be sent to Kodet Architects with respect to architectural fees for Sibley Park comfort station design along with authorization for final payment of $1,122.14 to Kodet. k. Approval of a proclamation designating March 3-10, 1991 as Volunteers of America Week. 1. Approval of the list of contractor licenses dated February 19, 1991 and attached hereto. m. Approval of the probationary promotion of Becky Trost to Police Department Secretary, at Grade IX, Step A of the pay matrix and the probationary appointment of Rita Dolan as Clerk-Receptionist in the Police Department, at Grade I, Step D of the pay matrix, both appointments effective April 1, 1991. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 LIST OF CLAIMS Councilmember Blesener moved approval of the List of Claims dated February 19, 1991 and totalling $130,915.90. Page No. 2980 February 19, 1991 Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 T.H. 149 RIGHT -OF -WAY Council acknowledged a letter from Mr. Brian Birch regarding the release of excess Mn /DOT right -of -way for T.H. 149 at the northeast quadrant of T.H. 110 and 149, along with a letter from Mn /DOT and a memo from the Public Works Director. Mr. Birch, present for the discussion, stated that he thought the right -of -way release was resolved but just learned of a new feasibility study. Mayor Mertensotto informed Mr. Birch that Mn /DOT cannot release the property until it confers with the City, and has asked Council if the City has any public need for it. He further explained that Paster Enterprises has requested a feasibility study on what can be done to improve the access to the Mendota Plaza. Council has directed that the study be expanded to review the north side of T.H. 110. I Councilmember Blesener stated that Council received the letter from Mn /DOT in January which stated that the Mn /DOT understands the City is no longer interested in the right -of- way. Council has never made that decision - a study has been open for many years - and is still considering some of the recommendations that were made by the downtown task force. She pointed out that the City is still interested in improving the intersection and while planning is not in place, Council has not made a decision to close all possibilities for the intersection. Mr. Birch was informed that release of all of the right -of -way north of T.H. 110 is the issue and if that is not needed in conjunction with development of the intersection, it could be released. Staff was directed to address the T.H. 110 intersection portion of the study as soon as possible. HEARING: CASE NO. Mayor Mertensotto opened the meeting for the 90 -39, PUTNAM purpose of a public hearing on an application from R.A. Putnam Associates for a minor comprehensive plan amendment for a change in designation from HR -PUD to NB -PUD for property Page No. 2981 February 19, 1991 located at the southeast corner of Dodd Road and Mendota Heights Road. Council acknowledged a copy of a the Putnam proposal for the Mendota Heights Neighborhood Center, a traffic impact study for the center prepared by Anderson Engineering for Mr. Putnam, reports from the City Planner and City staff, a review of the traffic study by the City Planner, the minutes of the Planning Commission hearings on the matter, and a letter from Mary Anderson Homes. Mr. Putnam explained that the comprehensive plan designation for the 10.3 acre site is HR- PUD and that he is requesting 5 acres of the site be changed to the neighborhood business PUD designation to allow a neighborhood convenience center. The complex would include a small multi - tenant office building, medical practice, day care center and family style restaurant. The buildings would be Belgian - style, with a brick and stucco exterior. The commercial portion would include a convenience grocery, gas station and car wash, dry cleaner, video store and others. Mr. Putnam reviewed sketches for the Council and audience and enumerated the reasons why he felt the center is needed. He felt the proposal would benefit the community and the neighborhood. Mr. Putnam stated that the site has been discussed as single family because it is zoned R -1 and that he has talked with other builders and there has been very little interest in single family, regardless of the price of the site. Mayor Mertensotto stated that the Planning Commission, on a 4 to 3 vote, has recommended denial and expressed concern over traffic. He stated that there is much concern now over the Northwest Airlines campus and the congestion at the I -494 ramps. He further stated that mention has been made that a strip center just to serve the neighborhood would not be viable and asked whether it is Mr. Putnam's interest to intercept traffic coming off the freeway. He also asked whether a motor fuel station or convenience store with gas pumps is a necessity. Mr. Putnam responded that any type of neighborhood commercial center will rely on traffic spread throughout the day. A restaurant would rely on business from the Page No. 2982 February 19, 1991 business areas during the day and dinner trade would be mostly local. People driving on the freeway will not be able to see the development. He further stated that a convenience station with gas is absolutely necessary and that they would add a drive through self-serve car wash. Council briefly discussed the traffic projections and traffic studies. Mayor Mertensotto asked for questions and comments from the audience. Dr. Greg Vidas, a Bridgeview Shores homeowner, stated that several people from his neighborhood have concerns. He felt that the assumption that the center would benefit the community is bogus - people in the community do not need it since the 1-494 strip is inundated with restaurants and gas stations, and services similar to those proposed are already located in the Mendota Plaza. He felt that the development would "cheapen" the southeast area and that while the buildings might look very nice it will bring traffic into the area from outside the City, including people hanging out at the video store and gas station, leaving bottles, etc. in the parking lots. Ms. Mary Pat McManus, 2480 Bridgeview Court, stated that there is a "for sale" sign on the property and asked whether Mr. Putnam really plans to do the development. She further stated that everything Mr. Putnam proposes is located in the Mendota Plaza, and that the neighborhood would like to see the land remain residential, whether multi-family or not. Mr. James Losleben, 815 Hazel Court Drive, expressed concern over traffic and referred to a report by former Administrator Frazell which stated that any deficiencies at the I-494/Dodd intersection will be local responsibility. He suggested that a church might be a better use. Mr. Ultan Duggan, 2331 Copperfield Drive, stated that a development such as this cannot be only partly successful and if Council decides to approve the proposal, it must accept the ramifications of accepting the need to make it successful. He also discussed traffic count information. Ayes: 5 Nays: 0 Page No. 2983 February 19, 1991 There being no further questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Cummins seconded the motion. Mr. Putnam informed Council that he has asked the people at PDQ to put together a site analysis for location of the store which takes into account traffic counts. He reviewed the results of the analysis. Mayor Mertensotto stated that responses from the Bridgeview Shores neighborhood raise serious questions as to whether this is appropriately single family residential property, at least the west part of the site, and also an unwillingness to accept a strip mall that would attract traffic from the freeway with signs. He asked whether there might be some alternative uses, and stated that although a church does not seem appropriate, perhaps a dental or medical clinic or some non-residential use that would be more compatible with Bridgeview Shores and the residential area. Mr. Putnam stated that his purpose is to bring his development to an end. The matter was brought to Council in 1985 and 1988 and again now in 1991. He stated that it is time that he gets a final decision and that if in fact the comprehensive plan should stand as HR it is fine. He stated that he will continue to explore the existing zoning - to date he has not found any interest in single family development on the site. He pointed out that a church would not require rezoning but would have implications for the neighborhood and there is already 60 acres of office zoning on the south side of Mendota Heights Road across from Visitation. There are not many alternatives left. He felt the neighborhood would like some assurance on what the City would like to see on the site. He informed Council that he has met with the residents of Bridgeview and that his proposal was changed to reflect their suggestions. He stated that the development would not look like a strip mall, and most of the residents he met with felt it would be an asset. Page No. 2984 February 19, 1991 After additional Council comments, Councilmember Cummins moved to endorse the Planning Commission recommendation and deny the application. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 91-04, Ms. Sylvia Pentel and her legal counsel, PENTEL John Bellows, were present for continued discussion on her application for a height variance to allow a 68 foot high tower and antenna at 556 Fremont Avenue. Council acknowledged a report from the City Attorney and a petition in opposition to the application. Mayor Mertensotto informed the audience that Council discussed the matter and received much factual information at the last meeting. He asked whether both of Ms. Pentel's existing antennae are used for broadcast, or if one is used for wind velocity. Mr. Bellows responded that the tallest is used for high frequency communication and provides sporadic communication on a non-reliable basis nationwide and the other is VHF for local communication. Councilmember Cummins asked how long the existing antennae have been up. He stated that he understands one of them does not conform to City ordinance and asked whether a variance was requested prior to installation. Mr. Bellows responded that one has been up for two or three years, replacing a citizens band antenna, and the other was installed last year, and that no variance was obtained. Mr. Bellows stated that he has reviewed the City Attorney's report and takes issue with the People v. Krimko interpretation. Mr. Bellows' stated that the individual gave no real evidence of need for the tower and the court determined there was an absence of showing the ordinance was inadequate. Further he felt that one significant portion of PRB1 has not been emphasized as much as he felt it needs to be, that reasonable accommodation depends on whether or not a municipality is utilizing the minimum practical regulation to accomplish its purpose. He stated that the applicant has demonstrated the integrity of the structure and submitted evidence as to the need for the Page No. 2985 February 19, 1991 68 foot tower to assure reasonably reliable amateur communications. Mayor Mertensotto responded that at the last meeting Mr. Bellows stated that the 68 foot tower was needed by the applicant in order to have worldwide communication. Mr. Bellows responded that it is necessary for reasonably reliable worldwide communication. Responding to a question from Councilmember Cummins, Mr. Bellows stated that if the tower is approved, the other antennae will come down, but there would be a small vertical rod on the end of the tower. Ms. Patricia Kaeshaimer, 568 Fremont, asked for a clarification - she saw two antennae go up on the house late last fall, not two or three years ago, and that there were no others before that time. Ms. Elizabeth Plummer, 605 Garden Lane, stated that the neighbors objected to the proposal at the Planning Commission meeting in January. The neighbors feel the tower would be a nuisance and would interfere with televisions, telephones, etc., and would be a commercial type use in a residential area. She also felt that it would be dangerous, since the neighborhood is high on the bluff and subjected to bursts of breeze and often extremely strong winds. She stated that she has seen the existing antennae bend to 90 degrees, and if they were to blow down the neighbors would be liable for damage to themselves and their property - Ms. Pentel would not be liable. She further felt that the tower would lower the value of neighbors' homes. Mr. Johann Koerschen, Ms. Pentel's next door neighbor, stated that the antenna would be so close that if something were to drop down it would fall on his home. Councilmember Cummins asked whether Ms. Pentel receives any compensation in any way, or is reimbursed for her expenses. Mr. Bellows stated that the tower is not a commercial operation and Minnesota law states that amateur radio operations are a normal adjunct to residential property. He stated Page No. 2986 February 19, 1991 that Ms. Pentel receives no compensation in any form. With respect to interference, he stated that it is subject to the FCC control and the Council has no voice in the issue. Her license allows her to communicate nation wide and world-wide, and the existing rod-type antennae will not permit her to communicate nationwide on a regularly reliable basis let alone international. Councilmember Cummins asked how Mr. Bellows defines regularly reliable and if the current capability is irregularly reliable or regularly unreliable. Mr. Bellows responded that it is a difficult question to answer but it is the difference between having an 80 or 90 percent chance at communications between two points versus a 40 percent chance. Councilmember Cummins stated the issue is that Council must balance safety, the interest of the other neighbors and the legal rights under the cases Mr. Bellows cited with Ms. Pentel's ability to have reasonably reliable communications. He informed Mr. Bellows that one of the primary ways Council could reject the request is if it makes the determination that Ms. Pentel already has the ability to regularly and reliably communicate as a ham radio operator. Mr. Bellows stated that the information he has submitted in the past addresses those issues and no information has been presented to the contrary. With respect to the safety issues that have been raised, he stated that the applicant is talking about, an aluminum tube type of tower 45 feet high versus a lattice type tower, is structurally better in terms of soundness and safety. He felt that aesthetics is the primary controlling issue and the essential item is that local regulation involving placement, screening, height, etc., must give consideration to accommodating reasonably reliable amateur communications. Mayor Mertensotto stated that in this particular neighborhood the lots are small, many within the 70% lot size requirement, and are very constricted, and the applicant is requesting permission to put up a tower at 68 feet. He pointed out that there are already Page No. 2987 February 19, 1991 two antennae, one of which goes up 45 feet. With respect to minimum height regulation, the City's height limit is 25 feet for any structures, and not limited to antennae, and that variances are treated on a case by case basis. He stated that Ms. Pentel's antennae already exceed the height limit and he did not think Council needs to guarantee international communication and a 68 foot tower. He pointed out that Ms. Pentel already has reasonably good amateur communication capability with the antennae she currently has. Mayor Mertensotto recommended that the request be denied and that Council grant an exception to permit Ms. Pentel to retain the existing antenna at 45 feet. Councilmember Smith asked whether Mr. Bellows knows if the electromagnetic field strength has been tested on a 68 foot tower as proposed at varying distances. Mr. Bellows responded that the antenna being proposed would result in less electromagnetic energy at ground level than the antennae which currently exist but that he cannot quantify the field strength. Councilmember Cummins asked if Ms. Pentel is going to do any different kind of communicating if the tower is approved than she currently does. Mr. Bellows responded that she is not. The nature of her communications in the last year have changed and that has rendered her sporadic use of the existing antennae. The antenna is necessary for the types of communications she is trying to do now. Her needs are nationwide and international to a lesser extent. Responding to a question from Councilmember Cummins, he stated that since it is amateur and a hobby, that is what she wants to do. Also, because of her involvement in the national disaster medical system, she must talk to people on both coasts and to a certain extent internationally, and she has the right to engage international communication under her license. Councilmember Cummins asked if Ms. Pentel currently engages in international communications and noted that he believes Ms. Pentel has indicated that she does engage in Page No. 2988 February 19, 1991 international communications, although not to the degree she would like. Mr. Bellows indicated that she does, but not up to 80 or 90% reliability. Councilmember Blesener stated that she does not think a tower antenna like this is an appropriate structure at this type of site and if Council were to consider a structure of this type, it should be within the City's height limitation. She felt that if any antenna needs to be beyond the height limitation, the Council should consider variances for whip types of antennas. Mayor Mertensotto suggested granting a special use permit to allow Ms. Pentel to retain the existing antennae at a maximum height of 45 feet. Councilmember Blesener moved that the requested height variance to allow a 62 foot antenna be denied but that the applicant be granted a special use permit to allow the existing antennae to remain in place, and to direct staff to verify the heights of the existing antennae. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins stated that clearly there is a certain amount of subjectivity in determining what kind of reasonably reliable communication a ham radio operator is entitled to engage in. He felt that Council's action does not impede Ms. Pentel's right to engage in the ham radio activity. FOTO MARK BUILDING Mr. Steven Hagen was present to request PERMIT the approval of a building permit for a 37,572 square foot addition to the Foto Mark building at 2411 Pilot Knob Road. Mayor Mertensotto pointed out that the exterior of the east side of existing facility is textured block with a band of break-off block on the top and the rest of the exterior is painted concrete block. The addition is proposed to be painted concrete block. He informed Mr. Hagen that when it considers industrial district permits, council requires that buildings be finished on all four sides. He stated that although it cannot do anything Page No. 2989 February 19, 1991 about the original building, he does not think Council would want to act contrary to its policy for the past 15 years by approving a concrete block structure. He expressed concern that approval of an addition with smooth concrete block would set a precedent for others to ask for approval of buildings unfinished on three sides. Mr. Hagen responded that the reason that there is decorative block on part of the existing building is because that is the side facing Pilot Knob Road. He explained that the expansion is behind the building and will not be visible from Pilot Knob. He explained that the decorative band has been continued around the building to make it look finished. He stated that it would be very inconsistent if there were decorative block on the addition, smooth concrete block on the sides of the existing building and then decorative block on the front of the structure. Also, the addition will not be seen from off the site. Councilmember Blesener asked whether staff had reviewed the landscaping to see if it provides appropriate green space. She felt that there is a minimum of green area on the site and that although it may be inappropriate to force a new exterior treatment, she is concerned about the entire building being surrounded by asphalt. She suggested that Foto Mark should do a better job on provision of green space and landscaping. Public Works Director Danielson stated that the building has many constraints. Staff looked at the green space and found that it complies with what the ordinance requires. Councilmember Smith asked whether the two existing truck bays in the front of the building are screened. Mr. Hagen stated that they are not screened and that one of the reasons for the expansion is that there are often trucks waiting to get into the docks and others waiting to get into the parking lot. The front bays will continue to be operated. Responding to a Council question about exterior storage without screening, he stated that there is presently a 122 by 24 foot concrete pad with a chain link fence around it at the rear of the building. Page No. 2990 February 19, 1991 Councilmember Blesener pointed out that the plan shows a 50 foot wide drive on the west side and asked why that can't be 25 feet wide with a 25 foot strip of grass, carrying the grass all the way around the building on the north side. Mr. Hagen responded that they felt the width was necessary for moving the 45 foot semi trucks. Councilmember Blesener stated that she is concerned over green space and would like the applicant to work with the City's planning consultant. After discussion, the matter was continued to March 5th to allow review by the City Planner for his recommendations on the parking layout, driveway widths and landscaping to approve the appearance of the site. COMMISSION APPOINTMENT Mayor Mertensotto informed the audience that at its adjourned meeting held at 6:30 this evening, council interviewed five candidates who had applied for appointment to the Planning Commission. Councilmember Cummins moved that Bernard Friel be appointed to a three-year term on the Planning Commission. Councilmember Smith seconded the motion. Ayes: 3 Nays: 2 Blesener Koch TEAM BUILDING Council acknowledged and discussed setting a date for the Council/Commission team building workshop. Councilmember Blesener suggested that either the goal setting workshop be conducted on a Saturday morning and the teambuilding session be conducted that afternoon. As an alternative, she suggested that they be conducted on separate evenings in March. It was the consensus to direct the Administrator to schedule the goal setting workshop for a Wednesday or Thursday evening in March and arrange with Don Salverda for the scheduling of a subsequent evening for the teambuilding workshop. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to a closed session to Page No. 2991 February 19, 1991 discussion Centex Real Estate Corporation litigation matters. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:00 o'clock P.M. kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 19, 1991 Excavating Licenses Dawson, Inc. Doty & Sons, Inc. Gas Piping License Smith Heating & A/C, Inc. General Licenses J.M.S. Homes Dornick Construction Elite Design Construction, Inc. Hines & Sons, Inc. Landico, Inc. Schindler Elevator Corp. Heating & A/C Licenses Jundkins Heating & A/C, Inc. Midwestern Mechanical Corp. Smith Heating & A/C, Inc. Plaster License Brisson Stucco & Plaster, Inc.