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2006-10-03 City Council minutesOctober 3, 2006 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 3, 2006 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, and Schneeman. Councilmember Vitelli notified Council that he would be late and arrived at 8:30. Councilmember Schneeman is excused to leave the meeting early. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. It is noted that Mayor Huber rearranged some discussions from the agenda to accommodate some Councilmembers ' schedules. AGENDA ADOPTION Councilmember Schneeman moved adoption of the agenda as revised with the addition of 61. and 8.b. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of the September 19, 2006 council meeting minutes as corrected. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 (Mayor Huber) CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting as revised with the removal of 6.a., 6.f., 6.g., and 6.h., and authorization for execution of any necessary documents contained therein. October 3, 2006 Page 2 b. Acknowledgement of the Minutes from the September 26, 2006 Planning Commission Meeting. c. Approval of the Scheduling of the Election Canvassing Board. d. Approval of the Rescheduling of Meeting Time of November 7th City Council Meeting. e. Adoption of Resolution No. 06-88: "Resolution Appointing 2006 General Election Judges". f Adoption of Resolution No. 06 89.: "Resel Requesting Prejeets for- Inelusion in Dakota GeuntylS 2006 2011 Capital knprevement Pregfam." g. Adoption of Resolution No. 06 90 "Resolutien Appr-eving a Gr-itiea4 ATea Permit and Condition Pemiit for Genstraetion of a 4'10" Fenee Within the 30'' Front Yard Sethaek at 647 Sibley Memer-ial Highway' and Resolution No. 0 91 "Resolution Appr-eving-a Cr-itieal Afea Pennit and a 3 S' Var-ianee for- Gensti-aetio of a 4'10" Fenee)Alithin The Bluff Sethaek at 647 Sible Nlemer-ial Highway'. h. Adoption of Resolution No. 06 92. "Resol Approving a Minor Amendmei# to the Planned Development fi)r- Signage for- 1 m)4ime Fitness Town Center Redevelepmei# Pi:ejeet!L. i. Adoption of Resolution No. 06-93, "RESOLUTION APPROVING ♦ MINOR AMENDMENT • THE PLANNED UNIT DEVELOPMENT FOR OPUS CORPORATION'S SUMMIT OF MENDOTA 1:140"211-Mul Eel 311-2 U-INUT00 IN M j. Adoption of Resolution No. 06-94, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SCOPE REMEDIATION PROJECT AT 2400 PILOT KNOW ROAD (JES BUILDING), PROJECT NO. 200409." k. Adoption of Resolution No. 06-95: "RESOLUTION ADJUSTING FIRE DEPARTMENT SALARIES EFFECTIVE JANUARY 1, 2006". 1. Approval of the List of Contractors. m. Approval of the List of Claims dated October 3, 2006 and totaling $300,885.89. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 October 3, 2006 Page 3 ITEMS PULLED FOR Item #6.a.: Acknowledgement of the Minutes from the DISCUSSIONS September 14, 2006 Parks and Recreation Commission Meeting. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilmember Krebsbach said she would like to draw attention to the Parks and Recreation Commission taking on a lot of important issues as they relate to the use of the parks, and providing signage to allow residents to be aware that there are questions regarding the best uses for neighborhood parks. Councilmember Krebsbach encouraged residents to watch the Parks and Recreation Commission meeting and obtain copies of their minutes, and to retain on -going communications with the Parks and Recreation Commission. Councilmember Krebsbach moved approval of the Minutes from the September 14, 2006 Parks and Recreation Commission Meeting. Councilmember Duggan seconded the motion. Item #6.f.: Adoption of Resolution No. 06 -89: "Resolution Requesting Projects for Inclusion in Dakota County's 2006- 2011 Capital Improvement Program." Councilmember Duggan said he asked Dakota County Staff to send a letter to the people on Freeway Road that have been waiting for the trail. City Engineer McDermott said the county has been waiting for approvals from MnDOT before they begin work. Councilmember Duggan moved to acknowledge the minutes from the September 14, 2006 Parks and Recreation Commission Meeting. Councilmember Schneeman seconded the motion. Item #6.g.: Adoption of Resolution No. 06 -90: "Resolution Approving a Critical Area Permit and Condition Use Permit for Construction of a 4'10" Fence Within the 30' Front Yard Setback at 647 Sibley Memorial Highway" and Resolution No. 06 -91: "Resolution Approving a Critical Area Permit and a 35' Variance for Construction of a 4'10" Fence Within The Bluff Setback at 647 Sibley Memorial Highway". October 3, 2006 Page 4 Councilmember Krebsbach asked Ms. McDermott to clarify the resolution. Ms. McDermott said there have been four conditions placed on the Critical Area Permit and the CUP for the front yard fence: 1) The height of the fence shall be 4'10". 2) The fence shall be set back 3' from the property line. 3) The fence shall be wrought iron. 4) The fence shall be a maximum of 3'2" above the visual impact sight line. Ms. McDermott said the findings of fact for the Critical Area Permit and variance for the rear yard fence: 1) The installation of fence posts to be 5' from the bluff line will be less disruptive than planting larger shrubs or trees. 2) The fence will blend into the existing surrounding landscaping and will not be visible from the river. 3) The applicant has proven that there is a hardship as the existing structure is located within the 40' bluff setback. Councilmember Krebsbach moved adoption of Resolution No. 06 -90: "RESOLUTION APPROVING A CRITICAL AREA PERMIT AND CONDITION USE PERMIT FOR CONSTRUCTION OF A 4'10" FENCE WITHIN THE 30' FRONT YARD SETBACK AT 647 SIBLEY MEMORIAL HIGHWAY" and Resolution No. 06 -91: "RESOLUTION APPROVING A CRITICAL AREA PERMIT AND A 35' VARIANCE FOR CONSTRUCTION OF A 4'l 0" FENCE WITHIN THE BLUFF SETBACK AT 647 SIBLEY MEMORIAL HIGHWAY" as presented. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Item #6.h.: Adoption of Resolution No. 06 -92: "Resolution Approving a Minor Amendment to the Planned Unit Development for Signage for Anytime Fitness at the Town Center Redevelopment Project ". Councilmember Krebsbach asked for clarification on the layout of the proposed fitness center. Mr. Ross Fefercorn from the Mendota Heights Town Center LLC explained how the signage would be positioned, and the fitness center will be taking two bays in this development. Mr. Fefercorn said the fitness center is currently under construction and have been enrolling membership, with an opening date some time in November. I' October 3, 2006 Page 5 Councilmember Krebsbach moved adoption of Resolution No. 06 -92: "RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR SIGNAGE FOR ANYTIME FITNESS AT THE TOWN CENTER REDEVELOPMENT PROJECT ". Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mike Coonan, Mendota Heights Fire Department, spoke about the upcoming fire department dance which is scheduled for Friday, October 20th, from 8:00 pm to 12:00 pm, at the Royal Cliff in Eagan. The dance will feature the Rockin' Hollywoods and hors' oeuvres. Tickets will be available in advance and at the door. There will also be an open house for Fire Prevention Week on Saturday, October 14th from 9:00 am to 3:00 pm. Tickets for the dance will also be available at this time. Councilmember Duggan spoke about another dance to be held on October 28th and hosted by the Dance Studio in partnership with New Chance, a dog - training program empowering at -risk youth, and Animal Ark, a no -kill animal shelter. Tickets are $35 in advance, and $40 at the door. Residents can get more information by calling 651- 641 -0777 or logging onto dancersstudio.com . SOMERSET NEIGHBORHOOD Ms. McDermott said one bid was received from Scallon RAINGARDENS Design Inc. for $101,307.00. This bid was significantly higher than the Engineer's estimate of $62,110.00. In addition, this bid was unsealed and missing the required bid bond. Ms. McDermott said Staff is requesting Council to reject this bid and re -bid this project for construction in the spring of 2007. Councilmember Duggan moved approval of instructing Staff to re -bid the project in the spring of 2007.Councihmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 October 3, 2006 Page 6 BID AWARD: CITY HALL Guy Kullander, Operations and Projects Coordinator, ROOF REPLACEMENT said three bids have been received: 1) Gopher Company $92,445.00 2) Northrup Roofing $67,000.00 3) Les Jones Roofing $51,854.00 Ayes: 4 Nays: 0 Mr. Kullander recommended that the Council approve the bid from Les Jones Roofing for replacement of the City Hall Roof. Councilmember Duggan moved approval of the bid from Les Jones Roofing for replacement of the City Hall Roof in the amount of $51,854.00 as presented. Councilmember Schneeman seconded the motion. Mr. Kullander said this firm has also submitted a bid to replace the gutters along the south side of the building. Mr. Danielson said there have been some drainage issues and water freezing in the winter, causing some safety concerns. Mayor Huber instructed Mr. Kullander to obtain additional bids to present to City Council for consideration at the October 16th meeting. PLANNING CASE 06 -30, Ms. McDermott said at the September 26th Planning HOFFMAN HOMES Commission meeting, representatives from Hoffman Homes were present to discuss their application for a comprehensive plan amendment for Lemay Shores, which would change the comprehensive plan designation from Cemetery to Low Density Residential. The Planning Commission, and the Planner have both recommended approval and the motion was passed on a 4 -1 vote by the Planning Commission. Ms. McDermott said the Airport Relations Commission (ARC) has reviewed the plan, and has approved with some recommendations that the MAC Noise Attenuation Expert should review as well as any building plans that may come forward in the future. Mayor Huber said he received a call from the chair of ARC to say ARC has spent considerable time on this issue. Mayor Huber said the current designation on the property is Institutional / Cemetery and is zoned residential. Under the Comprehensive Plan, Cemetery use is the only allowed use. October 3, 2006 Page 7 Mr. Peter Coyle is an attorney from Larkin, Hoffinan , Daly & Lindgren Ltd., and spoke on behalf of his client, Pat Hoffman. Mr. Coyle said the question before the Council at this time is the policy question, whether or not a residential land use designation would be appropriate. Mr. Coyle reviewed some of the highlights on the proposed twin home development, referred to as Lemay Shores. Mr. Coyle spoke about the physical separation of this proposed project from existing neighborhoods. Mr. Pat Hoffman, applicant, said Catholic Cemeteries is supportive of this proposed development. Ms. McDermott said Catholic Cemeteries have also signed an Application for Consideration of Planning Request. Mr. Hoffinan is currently in negotiations with purchasing this property from Catholic Cemeteries. Commissioner Duggan asked what airport noise zone this development would be in. Mr. Coyle said he believes the development would be in Zone 4, and said they are committed to making sure noise attenuation efforts will exceed the city's noise standards as they have done with Augusta Shores. Chad Leqve, MAC Noise Commission, said this development would be located in Zone 4 and reviewed some airplane traffic snaps depicting flyover traffic areas. Mr. Leqve clarified the new builder guide provisions that recently came from the Met Council, which extends the goal for the interior noise level in airport areas out to the 60 dnl contour. Mr. Leqve said any properties that are developed in known noise impact areas around airports in the United States will not be eligible for future remedial mitigation in the form of noise remediation and any property that will be developed out of a decision by the City Council to move forward with residential development in this area will not be eligible for future remedial mitigation by the FAA or MAC. Commissioner Duggan asked if there were a lot of complaint calls from Augusta Shores residents. Mr. Leqve said they have not but to keep in mind that the proposed Lemay Shores will be considerably closer to the airport, and over time, a lot October 3, 2006 Page 8 of the flight patterns fluctuate and there is always the potential that they will increase in the future. Councilmember Krebsbach expressed her concern for the tree line and asked to have the height of the tree line identified where the mature trees will be retained. Mr. Coyle referred to an aerial photo of the lake and proposed development indicating how the tree line would be placed. Mayor Huber said that approval of the change to the comprehensive plan in no way suggests the support or lack of support for any particular development plan. The two are simply not linked together as this proposal before the Council at this time is the issue of appropriate land use. Mr. Coyle said he cannot refer to any site plans at this time, but assured the Council that when they prepare the plat, they could verify information from surveys the relative height of the rooflines for the residential structures that will be on the west edge giving the Council a way to gauge the rooflines relative to the skyline. Councilmember Krebsbach said the concept that is being proposed has enough flexibility in it should it be determined that the road may be moved to retain some mature trees. City Attorney Diehm reminded the Council that the action tonight is for the comprehensive plan amendment, but the Council should continue the dialogue regarding the concept plan and give feedback to the developer. Mayor Huber opened the public hearing. Colleen Kahn, 2370 Lemay Lake Road, said any development would not be a positive move because changing the land use will have repercussions for generations. Mrs. Kahn said no one fully realized the impacts that Augusta Shores did to August Lake, and wants the City Council to be aware that several key pieces of information are unknown, such as water quality as August Lake's quality is at the bottom 5% of all lakes in the Central Minnesota region. Lemay Lake is far more vulnerable to runoff degradation and urban pollution because it's a shallow lake. Ms. Kahn shared aerial photos of the lakes and depicted Augusta Lake is a green color. Residents in the area have said that Augusta Lake used to be the healthier one of the two lakes. There is October 3, 2006 Page 9 concern that the Augusta Shores development has been responsible for the degradation and there needs to be more environmental reviews as some people in the area still have wells. Mark Kahn, 2370 Lemay Lake Road, said there have been many bald eagle sightings in the area. The Kahns have initiated a process with the Environmental Quality Board with a petition that has been submitted to the Planning Commission in September. Mr. Kahn said the City needs to fully conserve the importance of open space. Mr. Kahn said an environmental review needs to be done. David Hiner, 1295 Kendon Lane, shared a picture he received from the city showing Lemay Lake as being dirtier than Augusta Lake. Mr. Hiner said Augusta Lake has changed since the Augusta Shores project was built. Mr. Hiner said there are no more septic systems in the area. Councilmember Vitelli asked those residents who spoke for their opinion of what caused the lake to change because there is city sewer and water. Mrs. Kahn said she the scientist she spoke with said the degradation of Augusta Lake was directly linked to run off issues. Councilmember Vitelli asked Staff if there was a storm sewer in this area. Mr. Danielson said there was. Mr. Kahn said as they were not even sure what the reasons are, and that this is the reason that an environmental study is needed. Councilmember Schneeman asked if children swim and fish in Augusta Lake. Mrs. Kahn said they do not any more. Mr. Hiner said they used to in Augusta, but never in Lemay. Councilmember Schneeman said she has seen a dock in Lemay. Mr. Hiner said he canoes on Lemay Lake, and Mrs. Kahn said she ice skates on the lake. Scott and Janet Narling, 1280 Lakeview Avenue, spoke about their concerns regarding the preservation of open space and public use, and what would be the best use of the land. Mrs. Narling spoke about the walking trails and all the wildlife in the area. Mrs. Narling said there home would be directly impacted by their windows facing east/west. Tim Sterns, 1300 Furlong Avenue, shared pictures of bald eagles that live east of where the development would be located, and opposes any development in this area. Mr. October 3, 2006 Page 10 Sterns said there is a lot of discussion regarding things no one really knows the answers to. Ellsworth Stein, 96 Lakeview Avenue, said he walked through the area and encouraged the City Council members to do the same before making any decisions. Mr. Stein said this is a big area, and although he would like to see Mr. Hoffinan build homes, he would like to keep some open land in this area. Mr. Stein said he would like to see some tests done on the water quality of the lake and if there will be any adverse affects. Mr. Stein said he is also concerned about the noise from the airport, and spoke about how the planes typically follow the railroad line that runs along the property. Mayor Huber closed the public hearing. Mr. Coyle said in respect to the airport noise issues, MAC's new noise contours which have been published for 2007 has shown improved noise conditions on that site relative to five years ago. Mr. Coyle said the residents' comments during the public hearing attest to the fact that this is a very special place to live. Mr. Coyle, in responding to concerns about water quality, said that the residents have their opinions, but wishes the record to be clear that there is no factual or other technical information that suggests that Augusta Shores has contributed in any way, shape or form, to the current condition to Augusta Lake. Mayor Huber said the City Council members, which were on the Council five years ago when Augusta Shores project came forward, have made their stand on environmental issues very clear and are very sensitive to these issues, and those issues have been very well documented. Mayor Huber said there have been several parcels that the City Council has had some debates on, i.e. Pilot Knob, and that it is now feasible to the City to insert themselves in a process where there is a contract between a buyer and a seller, and they cannot break the agreement between the two. Ms. Diehm said environmental reviews can be initiated in a number of ways. There are certain projects which require mandatory environmental review, and other projects which have discretionary environmental reviews. If looking at discretionary, the City can initiate this on their own, and can October 3, 2006 Page 11 do it in response to a citizen's petition, and the EQB can initiate an environmental review, or the developer can initiate on their own. Ms. Diehm said when a citizen's group, or a group of citizens put a petition together requesting an environmental review that needs to go directly to the EQB. In this case, that has not been done. In terms of whether or not the City would initiate their own environmental review, Legal Counsel's advice would be that this is probably not yet the time in which the City would want to do that. The rules discuss at what point environmental review is appropriate, and Legal Counsel is very clear in saying that it's appropriate when considering a project, which is defined as "a governmental action, the results of which would cause physical manipulation of the environment, directly or indirectly. The determination of whether a project requires environmental review shall be made by reference to the physical activity that is going to be undertaken, not to the governmental process of approving the project ". Ms. Diehm said based on this language, if the City is interested in initiating an environmental review on their own, the appropriate time to do that would be if there is a proposal in front of the Council that would result in physical manipulation of the earth. Ms. Diehm said a citizen group can initiate an environmental review through the EQB whenever they want to. When this happens, the City is obligated to respond. Ms. Diehm said her advice would be that this is not the appropriate stage to do this. Councilmember Krebsbach said she would like, based on Ms. Diehm's review of the terms, to give the neighborhood some time to petition the EQB if they so choose, as it seems they have not been given the chance to be aware of this plan and they have obviously organized with the petition. Councilmember Krebsbach moved to table this case until the next meeting. Councilmember Duggan seconded the motion. Councilmember Schneeman asked for a cost to have an environmental review, and who pays it. Ms. Diehm said if the residents ask for one, it's still the decision of the City Council to approve. If the City decides that the environmental review is appropriate, then under the existing October 3, 2006 Page 12 ordinance, the developer would pay those costs. Ms. Diehm said she cautions the City that if they put this case on hold, the citizen group can go to the EQB regardless of whether or not this amendment is approved. If they go to the EQB, and the EQB refers this back to the City Council to make a decision as the responsible governmental unit, Ms. Diehm's advice is still that the time is not appropriate because there is not a proposal before the City that involves physical manipulation of the earth. Councilmember Vitelli said it seems like the basic issue is very similar to the Par 3 golf course, where there is a comprehensive plan that does not correspond to the zoning. Councilmember Vitelli said this parcel is zoned for single family residential according to the city zoning plan. That plan currently conflicts with the comprehensive plan just as the golf course does. Councihneinber Vitelli said the Supreme Court ruling was that the City was instructed to get their ordinance to correspond with the plan. Councilmember Vitelli said he believes that the City Council should also apply this ruling to this case as they did in the Augusta Shores case. Councilmember Vitelli said he is sure the Hoffinan Homes would include a "buyer- beware" clause as they did before to let them know they will not receive any additional funding from MAC to further improve their mitigation. The Planning Commission and the Planning Consultant on this subject have both recommended approval. Councilmember Vitelli said he believes there will be single family development built in there and there is a developer that believes this site can be developed and be successful as Augusta Shores has been. Councilmember Duggan said based on this discussion, he will withdraw second to the motion. Mayor Huber said without a second, the motion on the floor has failed. Councilmember Duggan moved adoption of Resolution No. 06 -96 "A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FROM INSTITUTIONAL (CEM) TO LOW DENSITY RESIDENTIAL (LR) AT LEMAY SHORES ". Councilmember Schneeman seconded the motion. October 3, 2006 Page 13 In regards to the public comments made, Councilmember Duggan suggested that Hoffinan Homes consider testing water from Lemay Lake to determine what is going on there. Councilmember Duggan also said he believes 60% of the project will be left as green space which is well within the requirements. Councilmember Duggan said he believes the airport noise concerns have been addressed reasonably as the developer is going forward to let future owners know about the noise. Councilmember Duggan said he does not feel that traffic will make a negative impact on the roadways. Councilmember Duggan noted in the materials submitted from the Kahns that there is still wildlife in that area, and it does not seem like the wildlife has dramatically changed. Councilmember Krebsbach said she is not going to support the motion because she feels this neighborhood is just awakening to its value and would like to give the residents more time to catch up. Councilmember Krebsbach said she respects Mr. Hoffman as a developer as she has supported Augusta Shores, which has been a wonderful addition to the community. Councilmember Krebsbach said she appreciates the concept plan and has no doubt should this go forward, that the applicant will do everything they can to preserve the tree line. Councilmember Krebsbach said when the residents form a unified approach and a reasonable request from the Council to consider their concerns, she believes they should be given ample time to research information. Because of this, she is not in support of the motion at this time. Ayes: 4 Nays: 1 (Councilmember Krebsbach) PARIONG REGULATIONS Planning Commissioner Joe Lally informed the audience that in May the Council passed an ordinance banning overnight parking on public streets. In June, after some additional discussion and citizen comment, the Council asked that a committee be put together to review the overnight parking ordinance. Commissioner Lally said the cone- ittee was comprised of himself, Councilmember Schneeman, Councilmember Krebsbach, and Officer John Larrive, and City Engineer Sue McDermott. Commissioner Lally said the committee looked at the problem of an increasing number of complaints to the City about overnight parking from every area of the city. Commissioner Lally reviewed his summary of the committee meetings, and it's the recommendation of the committee that i October 3, 2006 Page 14 the City adopt an ordinance amendment and policy restricting on street parking from its current year long requirement to seasonal, and the recommendation for the seasonal timeframe would be between November I" and April 1 st. The hours of restriction would be between 2:00 am and 6:00 am. It is noted that the resident at 528 Fremont Avenue is exempt because the resident does not have a driveway. Councilmember Krebsbach said she appreciates Commissioner Lally's presentation on behalf of the committee. Councilmember Krebsbach said she would like to have some provisions in the ordinance that would provide for a three to seven day guest pass. Councilmember Duggan has also indicated that he would like to see the ordinance amended to allow passes or exemptions for holidays. Mr. Danielson said the front desk staff could handle the issuance of these passes. Councilmember Krebsbach said she would also like to see an exemption for Delaware Avenue from Dodd Road to Annapolis because it shares the street with West St. Paul. Councilmember Schneeman said residents can park on the West St. Paul side. Councilmember Krebsbach said county roads are exempt anyway, and this was at one time a county road. Councilmember Krebsbach spoke about how the residents are parking on their lawns to try to adhere to the city ordinances. Not all residents in this area have two -car garages. Councilmember Schneeman said she is very happy with the 2:00 am to 6:00 am requirement, between November I" and April l". Councilmember Schneeman suggested trying this and come back in the spring/summer to see what's working and what's not working. Councilmember Vitelli said he supports the proposal and he appreciates the committee for the work they did. This proposal accommodates summer college children being home, and focuses primarily on colder and snowy months. Councilmember Vitelli said if he was experiencing some of the parking that was going on already in a few of the locations in the city, he would complaining and believes that each year, the parking will get worse and worse. Councilmember Vitelli said he does not support the guest pass proposal because he does not want to see more work put October 3, 2006 Page 15 on the administrative staff or the police. Councilmember Vitelli said he does not support the exemption for Delaware. Mayor Huber he would like to see the end date be March 31St. Mayor Huber said he is fine with trying this, and would like to see this as a trial period to see what happens. Mayor Huber said that at that point, the Council can take some affirmative action after receiving comments from residents during that 5 -month .period, and then placing guidelines for the following year. Mayor Huber noted that the resident at 528 Fremont Avenue is exempt because of having no driveway. Councilmember Duggan moved adoption Ordinance No. 411, "AN ORDINACE AMENDING SECTION 6 -2 -2, TITLE 6, OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS CITY PARKING REGULATIONS BY PROVIDING FOR THE RESTRICTION OF ON- STREET PARKING BETWEEN THE HOURS OF 2:00 A.M. and 6:00 A.M," revised to change the ending date to March 31. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 DISCUSSION OF INFILL Councilmember Krebsbach said this has been a major issue STUDY - ORD. #405 in the city with large lots and lots that could be subdivided. Minimum lot sizes now are 15,000 sq. ft. Councilmember Krebsbach moved to approve Ordinance No. 405: "An ordinance rescinding Ordinance No. 403 ". Councilmember Krebsbach said she made this motion to increase the minimum lot size to 20,000 sq. ft. with the rationale that the average lot size built in the city since 1990 is 23,000 sq. ft., and the median lot size since 1990 is 19,600 sq. ft. Having the minimum lot size to 20,000 sq. ft. seems to be consistent and enables people to subdivide their lot if it's larger than that. Councilmember Schneeman seconded the motion. Councilmember Vitelli asked why Councilmember choose 20,000 sq. ft. instead of 22,500 sq. ft. Councilmember Krebsbach said based on trying to be close on what the median was, and based on the concern from a few residents that have planned long ago to subdivide as their house is clearly on one side of the lot and it would still allow them to subdivide. Councilmember Krebsbach said to have a October 3, 2006 Page 16 consistent infill plan going forward that it's an acceptable lot size, and not punitive to anyone. Councilmember Vitelli said 95% of Mendota Heights has been developed and the neighborhood has taken on a character of density. When these people bought their land, they would expect it to continue to be that way. Councilmember Vitelli said he supports this as the City would be taking leadership to protect the people that have purchased homes recently or lived in these neighborhoods for years. If action is not taken now, the areas with larger lot sizes can be changed considerable through sub - divisions. Councilmember Schneeman said the mantra of all politicians and would -be politicians is that they are all promising to preserve the character of their neighborhoods (i.e., Eagan, Inver Grove Heights) and this is a very important thing to people. Councilmember Schneeman said she believes her decision to support this is for what the city is going to look like in years to come. Councilmember Schneeman said she definitely prefers the larger lots. Councilmember Duggan said he asked some young professional people he knew if they would be able to purchase a home in Mendota Heights, to which the response was that they would love to, but can't afford to. Councilmember Duggan said the City is becoming more exclusive for families to move into the neighborhood. Councilmember Duggan said he believes the character of the city will change, but not for the worse over the next 15 to 25 years if the City leaves the ordinances that way they are. Councilmember Duggan said he is not in favor of the motion. Mayor Huber said he is against the motion because he believes the City should only act when there is a clear and present need to do something. Mayor Huber said he respects that the neighbors living near larger lots have some anxiety of what will happen to those parcels of land, and feels that the city has been developed from the rules in the past, resulting in some of the highest land values and homeowner retention. Mayor Huber said this motion must past by 4/5t` of a vote. Ayes: 3 (Councilmeinbers Krebsbach, Schneeman, Vitelli) October 3, 2006 Page 17 Nays: 2 (Mayor Huber, Councilmember Duggan) MORATORIUM Mayor Huber said the next step is to decide if the Council wishes to keep the moratorium in place and let it expire on November 15'h, or would they wish to end it sooner Councilmember Duggan moved to end the moratorium. Councilmember Vitelli seconded the motion Ayes: 5 Nays: 0 Councilmember Schneeman was excused from the meeting. PLANNING CASE 06 -31 Ms. McDermott said at the September 26th Planning BERGH Commission meeting, Jon Bergh along with the owners of 731 Woodridge Drive, were before the Commission to request a variance to the bluff setback and a Critical Area Permit for a porch addition. There was no one present to speak at the public hearing in opposition of this application and the Planning Commission voted 3 -2 (Commissioners Harms and McManus were absent) although the Planner recommended denial. The Findings of Fact in support of the approval suggests the denial of the variance would restrict the use of the property and that a 10' encroachment into the bluff setback is less of an encroachment than the existing patio on the property. Jon Bergh, contractor for the homeowners, was present, along with the homeowners, Eileen O'Shaughnessy and Arthur Perlman. The applicants provided some pictures of the existing home and explained how the porch addition would be done. Councilmember Vitelli moved to approve Resolution No. 06 -97 "A resolution approving a 10' variance to bluff line setback and Critical Area Permit for a porch addition at 731 Woodridge Drive." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 PLANNING CASE 06 -32,, Ms. McDermott said at the September 26th Planning JOHN MORGAN Commission meeting, Mr. Morgan was in front of the commission for a variance to the front yard setback of 7' for a garage addition AT 613 Pond View Circle. Both the Planner and the Planning Commission recommended denial of this variance as there was no hardship identified. � 1 October 3, 2006 Page 18 Mayor Huber said he visited the site and it is his concern that pulling the garage forward may start moving the whole neighborhood toward Pond View Circle and may set precedence. Mr. Morgan said Councilmember Duggan visited his home and as they walked around the property, it seemed that the addition would be far enough away from the street. Mr. Morgan said he would like to have actual drawings with exact measurements done and come before the City again for review. Councilmember Duggan moved to table Case No. 06 -32 to allow the applicant to provide more information. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PLANNING CASE 06 -33 Ms. McDermott said at the September 26th Planning T- MOBILE Commission meeting, Mr. Steve Carlson was in front of the commission for a Conditional Use Permit to install a wireless antenna at 1850 -1860 Eagle Ridge Drive. Both the Planner and the Planning Commission recommended the Conditional Use Permit, however the City Attorney has indicated that the ordinance specifically allows for this use on an apartment building, and the building at 1850 -1860 Eagle Ridge Drive is a condominium building, which is not addressed in the ordinance. City Attorney Diehm feels the ordinance needs to be amended to clarify this situation. Ms. Diehm said the concern is that the word "apartment" is specifically defined in the ordinance and believes that when the Planner read through this, he may have thought the intent was a multi - family structure. But because it's specifically defined "apartment" as rented month to month, the ordinance should be updated to reflect the true intent is a multi - family structure and not an apartment building. Mayor Huber said the Council may want to direct Staff to change the wording the ordinance. Mr. Carlson asked the Council to consider approving the Conditional Use Permit application at this time with the understanding the wording will be cleaned up. October 3, 2006 Page 19 Councilmember Krebsbach said she would like to keep the wording as is, and by using a Conditional Use Permit, a condominium building can be reviewed case by case. Ms. Diehm said that in reading the code, the City cannot grant a Conditional Use Permit for a condominium, and does not believe that changing the code would delay T- Mobile's application as they still have to finish their negotiations with the condominium association. Councilmember Krebsbach said she will be in support of this application after the ordinance wording is corrected. Mayor Huber said he is also in support of the application. Councilmember Duggan said by showing their support of the application, the condominium association will see that the Council is comfortable with this application. Councilmember Vitelli asked for clarification of this application as he was not at the last meeting. Mr. Carlson reviewed the coverage maps and equipment plans. Councilmember Vitelli said he will be in support of this application. Mayor Huber said this wording change will need to go to the Planning Commission for their recommendations, but T- Mobile will not have to present again before them. Councilmember Duggan moved to table Case No. 06 -33 to allow Staff to snake the appropriate changes to the ordinance to include "condominium" in the language. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PAR 3 Mayor Huber asked if Council wishes to order a public hearing by the Planning Commission to consider a comprehensive plan amendment for the Par 3 property. Councilmember Duggan moved adoption of Resolution No. 06 -100, "A RESOLUTION ORDERING A PUBLIC HEARING AT THE OCTOBER MEETING OF THE PLANNING COMMISSION TO CONSIDER A COMPREHENSIVE PLAN AMENDMENT FOR THE LAND USE CATEGORY OF "GOLF COURSE." October 3, 2006 Page 20 Councilmeinber Krebsbach seconded the motion. ADJOURN There being no further business to come before Council, Councilmeinber Duggan moved to adjourn. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:10 p.m. RebkA Shaffer Recording Secretary ATTEST: Jo ht) . be- Ma r r