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2006-08-01 City Council minutesAugust 1, 2006 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 1, 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, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmeinber Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES It was the consensus to table action on the minutes of June 6, June 28 and July 18 to allow additional time for review. CONSENT CALENDAR Councilmeinber Krebsbach moved approval of the consent calendar for the meeting, revised to move items f, final audit billing and g, livable communities grant, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the July 25, 2006 Planning Commission Meeting. b. Acknowledgement of the Final Summary of Income and Expenses for 501h Anniversary and 2006 Parks Celebration. c. Acknowledgement of the September ARC Meeting. d. Acknowledgement of the June 2006 Treasurers Report. e. Acknowledgement of the Parking Committee Update. f, Approval to install air conditioning for Computer Services in Police Department. g. Approval of Pen-nanent Full Time Non-Probationary Status for Officers Meyer and Urmann. August 1, 2006 Page 2 h. Approval of the list of contractor licenses dated August 1, 2006. i. Approval of the list of claims dated August 1, 2006 and totaling $187,677.26. Councilmember Schneeman asked to have Item f pulled. Councilmember Duggan asked to have Item g pulled. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 AUDIT BILLING Councilmember Schneeman questioned the accounting firm's report as it seems the City was charged more than the proposed amount. Ms. Schabacker said the contract is on a yearly basis and there was some miscommunication between herself and the auditors. Mayor Huber said the City had the understanding that the City was to pay a "not to exceed" amount and the accounting firm had billed some additional money that was over this amount. The accounting firm has agreed to reduce the bill to that amount. Councilmember Duggan moved to authorize payment of an additional $4,000 to HLB Tautges Redpath for the completion of the 2005 audit. \, Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 LIVABLE COMM- UNITIES Councilmember Duggan said the City had an GRANT APPLICATION opportunity of working with Met Council and their grant program to ask for money to support projects that are of significance to the community. The project in this case is Town Center. Councilmember Duggan commended City Staff for their time and efforts in putting this information together Councihnember Duggan moved adoption of Resolution No. 06 -60: "RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 HEARING:LIQUOR LICENSE SAGE MARKET Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 August 1, 2006 Page 3 Ms. Swanson said Council conducted a hearing at the last meeting on this application for an on -sale wine license for the Sage Market and Wine Bar. Council continued this hearing to this evening to allow additional public comments. City staff has not received any negative comments, but received one email in favor of the license. Staff is recommending approval of this application. Ms. Swanson said this license is for the 1,100 square feet of space and the applicant will be separating this portion from the rest of the store with glass. Hearing no one wishing to speak on this issue, Councihnember Vitelli moved to close the public hearing. Councihnember Krebsbach seconded the motion. Councihnember Vitelli moved to authorize the issuance of an on -sale wine license to the Sage Market and Wine Bar, subject to approval by the state. Councihnember Krebsbach seconded the motion. INFILL STUDY Administrator Danielson said the City has, in the past, discussed lot sizes and most recently, Council held a workshop to review infill development issues. At that tune, the Planner prepared a report that suggested lot sizes be increased if they were 80% of an average lot within 350 feet. Council did not approve that proposal and expressed interest in increasing the minimum lot size to a definite larger size, being 20,000 sq. ft. and above. Mr. Danielson said at this meeting, neighbors that owned larger lots had been notified and many expressed their objections to the lot sizes. Council felt these people were bias because they owned the larger lots. Council then decided to notify the people that surrounded these larger lots to gather their input. A letter was drafted and sent to the public inviting public comment for this meeting. At this time, Council held an informal public hearing to hear recommendations and suggestions from. the public. August 1, 2006 Page 4 Councilmember Duggan said a lot of these residents did not know where these lots were located. Ms. McDermott provided a map showing these lots. Bernie Friel, 750 Mohican Lane, spoke of his opposition of the proposal and reviewed his personal background and talked about his properties in the Friendly Hills neighborhood. Mr. Friel said he is not in favor of the ruling as he feels larger lot owners are paying for the open space that the neighbors enjoy, as well as enhancing the neighbors property, and feel that the neighbors are enjoying this space at the lot owner's expense. Mr. Friel said this proposal would indicate the City's desire to have spot zoning and inverse condemnation. Mr. Friel said this proposal also has the odor of elitism. Ken Hermann, 995 Caren Court, said he has about two acres with lots of wildlife. Mr. Hermann said his property overlooks a town home development, and feels that the City should keep with the country suburbia and should be kept that way as much as possible. To raise the size of the lots does not harm anything, and gives the potential of increasing the tax income to the city for larger lots and larger homes. Kay Gores, 10 Beebe, expressed her concern with the large property in her neighborhood. If this lot is developed, there would be more streets developed in her neighborhood which would bring more traffic. Ms. Gores said the neighborhood has somewhat "taken over" this property and there are some mature trees and wildlife on this property. Ms. Gores said she favors larger lots sizes. Peter Goyle, attorney for David and Joan Olin, 1136 Orchard Place, spoke on behalf of the property owners. The Olin's have approx. 13 acres and respectfully oppose this proposal and ask the City Council to reject the suggested increase of the minimum lot size for the City. Mr. Goyle said that in agreeing with Mr. Friel's comments, the extent to which the City's proposal to change the lot size would reflect an inconsistency relative to neighboring properties and would create incompatibility and be in conflict with the objectives of the city and would be an arbitrary action by the city. Spot zoning is a fair characterization to the extent some properties may be cherry picked for the purposes for characterizing them in this way rather than a broad classification that would be part of the normal purpose of the city. Mr. Goyle also August 1, 2006 Page 5 noted that the Met Council has taken a much more aggressive approach to the minimum densities required for urbanized properties. Eric Swanson, 784 Hilltop Court, said he was in favor on increasing the lot sizes as proposed. Mr. Swanson said people have a choice of living in a town like Richfield, or living in a town like West Bloomington. This may smack of elitism but he would rather live in a community with larger lot sizes and larger homes and a nicer pace of life rather than a community that resembles post WWII cottage houses. Vicki Katz, 1855 Hunter Lane, said there are a lot of large lots on her road and these residents would stand to gain by having the lot sizes remain as they are. They choose not to split their large lot because they want to keep the character of the community as it is, and there are some homes in the community that are very large and were constructed on very small lots. Scott Miller, 1021 Wagon Wheel Trail, said the City invited the residents to this meeting without explaining ground rules, as some neighbors may fear that their neighbors are already subdividing. Mr. Miller said the Council may be postering for election results. Mr. Miller has about 3+ acres and have been planning on subdividing. Mr. Miller said there have been comments by the Council that people should not profit from subdivisions. Mr. Miller said the snap shows that there are not many infill lots that have to be developed. The Council has been very good through the years with the statues that were unposed for 15,000 sq. ft. lot minimums. Every time the Council has approved a subdivision, it was kept within the character of the neighborhood, and what the City has now in place works well. Mr. Miller spoke about condemnation and compensation, and said if the City wants these spaces open, then pay the property owner for that space, and look into creative uses for these properties. Mr. Miller said he believes the city will be pitting neighbor against neighbor, and wishes the neighbors were informed more about the goals and visions of this proposal. Sten Gerfast, 1802 Valley Curve, said he has a normal sized lot and questions whether the City is planning on compensating property owners for their green space if they lose the value of their property. Mr. Gerfast said this was not a very well prepared Council meeting. August 1, 2006 Page 6 Shirley Magnuson Giese, 729 Evergreen Knolls, said she is concerned about how Mendota Heights is changing and lives here because of the beautiful character of the neighborhood. A lot of people have paid more money to be near open space, and what is the impact on those people that paid more for this open space that may soon be developed. George Battis, 758 Batchelor, said the reason for choosing to live here is clearly because of the character of the community, and the history of the area. Mr. Battis said he would ask that the Council continue to keep this character and increase the lot sizes, dealing with individual issues as they come along. Tom Gilke, 1780 Sutton Lane, said he moved here 30 years ago because of the wide open spaces, and feels fortunate that he lives across the street from an area that will never be developed (Par 3), and to those people who have built a house on larger lots have had their wide open spaces for years and it is not wise to take that away. Maxine Berg, 996 Caron Court, asked for clarification in the role of the Met Council. Mayor Huber explained how and why the Met Council is involved in communities. Louanne Taeke, 1854 Orchard Hill, read the Vision Statement of Mendota Heights and asked the Council to adhere to that statement. Ms. Taeke said if the Council does not have larger lots, the City would not be sticking with that tradition. John White, 1897 Watchler, said there is a problem because the City is being faced with neighborhood infill and acreage development. Mr. White has about an acre and is land bound by the south and west sides, and if the lot sizes are not raised, there could be about 25 more lots in that quadrant. Adding 2.5 cars to each home, there could be more problems. Mr. White said property owners with more acreage would have different views than smaller neighborhood infill areas, and should be looked at differently. Betty Schuster, said when the Council had the chance to develop Mendota Heights, the City should have created lots that were more equal in size to each other. August 1, 2006 Page 7 Courtney Pince, speaking on behalf of himself and Helen Kulhanek, living at 945 and 953 Wagon Wheel Trail, said he is in favor of not raising the lot sizes. Bernie Friel, 750 Mohican Lane, explained how the Met Council obtained jurisdiction in giving back the right to municipalities subject to having their comprehensive plans supersede their zoning ordinances. When a zoning ordinance is not in comformity with the comprehensive plan, the comprehensive plan prevails. The Met Council has control over the comprehensive plan as a consequence of the legislation in the early `90's. The Met Council has control over the zoning in all municipalities in the seven - county metro area. Upon seeing no one else come forward wishing to speak, Mayor Huber said the public hearing will be opened. Mayor Huber asked for some Council discussion at this tune. Councilmember Krebsbach said she was part of a lot of development in Mendota Heights, and the tenn that best applies to this orderly growth. Where there have been larger developments there have been many tunes in which there have been negotiations and accommodations on lot sizes. The City has been developing on larger lot sizes; the average lot size since 1990 is 23,000 sq. ft. The median lot size is 19,600 sq. ft. The City has not developed as a 15,000 sq. ft. lot size. Councilmember Krebsbach said she supports a larger minimum because it will be finishing the City based on the way the City has been developing since 1990. Councilmember Krebsbach said she is not sure where she stands on the 80% rule. Councilmember Schneeman said there were a lot of emails received with comments from residents, and they will get read by the Council. Councilmember Schneeman said she takes issue with the coinments made about being political, and that this is not a political win or loss for anyone. Councihnember Schneeman said the City is working very hard to accommmodate residents that now have so many more things on their property, and as an example, need larger lots to accommodate more garage space. Councilmember Vitelli said there are not many lots in question, and the City has been about 95% developed. Neighborhoods have been established and a character of city August 1, 2006 Page 8 exists. Councilmember Vitelli said he supports the increased lot size because it's important that people that have purchased lots in neighborhoods that run approx. 40,000 sq. ft to 50,000 sq. ft. should not be surprised to see possible subdivisions. This changes the character of the neighborhood and he does not want to see that happen. The average lot size in developments in the last 15 years have been about 23,000 sq. ft. so the City is not throwing a curve, but it's the way the City has been recently developed, and it's important to keep the City going on that track. Councilmember Vitelli said he wants to see Mendota Heights remain the city it has become and not see neighbors surprised by subdivisions that change the character of the neighborhood. Councilmember Vitelli said he is in favor of the lot increase proposal. Mayor Huber said he doesn't agree that this is a political situation, and is not in favor of the larger lot size. Land values in the community are very pricey and he is personally very concerned on imposing a financial penalty on those folks who have not chosen to split off their properties. This changes how the City takes care of its residents. Mayor Huber said it's his opinion that many people will be put in harms way that are really long time residents of the city and that's a fundamental change from how Council typically has looked at its residents. The previous Council, Commissions and residents have done an excellent job in developing this community. Mayor Huber said it's hard to figure out when to support the majority or when to protect the rights of the minority, those people with the large lots. Councilmember Duggan said he is hearing clearly and consistently the word character. This word is reflected in the way the city has celebrated the 50th anniversary where a large part of the community got together and have a wonderful time together. Has the character of the people changed over the last 50 years and is it distinctly different today than what it was then. And has this change been negative? In the last ten years, the city has added about 103 houses in the R -1 district. Councilmember Duggan asked residents if they have noticed this change, and if it bothered them, and if so, why? The City has worked hard to keep development in character with the neighbors. There is a lot of emotion involved in this proposal, but the City is trying to work with the Met Council to being a city of about 12,000 acceptable to the plans. The City does not know if property owners are planning to subdivide and some may never even C August 1, 2006 Page 9 do it, and there are some that can't be subdivided according to the current City Standards. Councilmelnber Duggan said he believes the maximum number of additional houses in the City by 2030 may be about 200. The Council's job is to take each of those developments, which may come forward and apply the standards to that area at that tune. The city that residents enjoy today is because of the previous council people, planners, staff people and everyone else involved bringing the city to where it is today, and he does not hear many people say they don't like living here. Mendota Heights have maintained a character of people for and foremost that is second to none, and sees the pride that the homeowners take in their property. Why would a few more houses change that character? The City is looking at possibly 150 new homes in the neighborhood and does not believe that the changes proposed will give the residents a better community. Councilmember Vitelli moved to close the public hearing. Councilmelmber Schneeiman seconded the motion. Ayes: 5 Nays: 0 BID AWARD: SEWER Council acknowledged a memo from Engineer McDenmott CLEANING regarding sanitary sewer televising and cleaning Engineer McDermott said in the past 3 years, there have been 9 sewer backups with applied insurance claims, several manholes that have overflowed due to blockages, and one house that had claims in excess of $30,000 due to sewer backup. Ms. McDermott said an area of town has been identified to accomplish this cleaning in the north part of town. The insurance company recommends cleaning the entire system every two to three years and right now, the City is doing it every four to seven years. The televising is needed to view any areas that need immediate attention. Staff has received four bids, and the lowest came from Pipe Services Corporation for the amount of $72,432.20. Staff recommends approval for this project. Councilmelnber Vitelli moved adoption of Resolution No. 06 -61:, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2006 SANITARY SEWER TELEVISING AND CLEANING PROJECT (CITY PROJECT NO. 200608)." August 1, 2006 Page 10 Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE #06 -21, PIPER Council acknowledged an application from Mr. & Mrs. Jeff Piper for a critical area permit and height variance for slope restoration at 741 Knollwood Court. Council also acknowledged associated staff reports. Ms. McDermott introduced the application and additional information that was received from the Piper's neighbor's attorney for their own Critical Area Permit that will be considered at the August Planning Commission. Ms. McDermott said she has added some conditions to the resolution that include: • Condition #9 — that the applicant shall allow representatives of the City to access the property for the duration of the pen-nit in order to inspect the progress of the work. • Condition #4 — Finding of Fact: that in granting the permit, the City is not snaking any representation as to the effectiveness of the engineers design. Ms. McDermott said the Planning Commission recommended approval of this application. Sue Piper, 741 Knollwood Court, was present to answer questions. Councilmember Duggan said he visited the property and is in support of this application. Councilmember Duggan said he wishes the two homeowners resolve their differences, and that he is pleased that the Pipers are willing to spend money to fix this problem. Councilmember Krebsbach said she visited the property and contacted the construction coordinator with some questions, which she received adequate answers. Councilmember Krebsbach said this project seems to be a good engineering option, and asked if the weight of this design would affect the bluff. The construction coordinator assured her that it would and she feels confident this is a good choice. It is in the best interest of both parties fix this bluff line together, and asked if the pipe between the two homes will be fixed. Ms. McDermott said the application is for the Piper's August 1, 2006 Page 11 property, that this application would not include this pipe concern. Councilmember Krebsbach said she is in support of the Piper's request. Rob Stefonowicz, Larkin Hoffinan, 7900 Xerxes Ave., Minneapolis, is the attorney representing Dr. Gary Kravitz and his wife, Dr. Anna Schorer). The Kravitzes are the property owners next door at 739 Knollwood Court. Mr. Stefonowicz; spoke on the importance of the project being worked on at one time, as one project. Councilmember Duggan said that doing a conjoint project would save the property owners both time and money, and reduce damage to property. But in fairness to the Pipers, who put their application in first and have deadlines to meet, the City may not have the legal right to not grant them their pen-nit, and it would be unfair to make the Pipers wait. It is not the City's job to step in to help the neighbors with their other issues. Councilineinber Vitelli said it's best for structural and aesthetics reason, for the two residents work together. By putting conditions in the Piper's application would be getting in between the two neighbors. The pen-nit as proposed should be granted to allow the Kravitzes to move ahead and hopefully the two parties will see the benefit of working together. James Overtune, the contractor representing the Kravitzes, said the anchors will provide stability to the bluff and talked about how the process would work better if the project could be done as one. Councilmember Duggan moved adoption of Resolution No. 06-62: "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR SLOPE RESTORATION AT 741 KNOLLWOOD COURT", with the amended wording by the City Engineer. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE #06-22, BYRNE Council acknowledged an application from Ms. Linda Byrne for a sideyard setback variance for garage expansion at 610 August 1, 2006 Page 12 Watersedge Terrace. Council also acknowledged associated staff reports. Ms. Byrne spoke on the benefits of having an additional garage. Ms. Byrne's neighbor, who lives at 604 Watersedge Terrace, is the neighbor directly affected by this variance, said he is in complete support of this request. Councilmember Schneeman said she feels this is a good addition to the home. Councilmember Duggan said he has a concern that the proposed garage be aligned with the neighbor's home and have a window on the side to give a residential feel to the addition. Councilmember Duggan moved to approve the variance with the condition that the garage is in alignment to the home and have a window to give the home a residential feel, and to direct staff to prepare a resolution of approval for adoption on August 15. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE #06 -23, SIEDEN Council acknowledged an application from Mr. Sherwin Seiden for a conditional use permit for a fence and driveway gate at 1423 Knollwood Lane. Council also acknowledged associated staff reports. Engineer McDennott introduced the request for a conditional use permit for a 6 -ft fence along the side yard and backyard driveway gate. The fence is for the purpose of enclosing the swimming pool. The Planning Commission has recommended approval. Councilmember Vitelli moved adoption of Resolution No. 06 -63: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE AND DRIVEWAY FATE AT 1423 KNOLLWOOD LANE" based on the recommendation by the Planning Commission. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE #06-24, WEINTRAUT Ayes: 5 Nays: 0 August 1, 2006 Page 13 Council acknowledged an application from Mr. Steven Weintraut for a wetlands permit for a fence at 869 Mendakota Court. Council also acknowledged associated staff reports. Engineer McDermott said Mr. Weintraut was before the Council previously requesting a wetlands permit for his backyard and would now like to place a fence in the back yard as well. The fence is to be an unobtrusive black chain link fence. The Planning Commission has recommended approval of this project. Councilmember Duggan moved adoption of Resolution No. 06-64: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE AT 869 MENDAKOTA COURT." Councilmember Schneeman seconded the motion. CASE #06-25, UNITED PROP. Council acknowledged an application from United Properties PROPERTIES for a minor PUD amendment and variance to a sign setback at the northwest quadrant of Highway 55 and Northland Drive. Council also acknowledged associated staff reports. Engineer McDermott introduced the application for a minor PUD amendment and variance to a sign setback for the property at Highway 55 and Northland Drive. The Planning Commission has recommended approval of this application. Councilmember Duggan moved adoption of Resolution No. 06-65: "A RESOLUTION APPROVING A MINOR PUD AMENDMENT AND SIGN SETBACK VARIANCE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 2007 BUDGET WORKSHOP Councilmember Duggan moved to schedule a workshop for Tuesday, August 22, 2006 at 5:30 pm for discussion of the proposed 2007 budget. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Vitelli asked Mr. Danielson to email verification of this meeting to the Council members via. August 1, 2006 Page 14 CLOSED SESSION PAR 3 Councilmember Schneeman moved to schedule a closed session for Tuesday, August 15, 2006 at 5:30 pm to discuss the Par 3 litigation with legal counsel and a workshop for 6:00 p.m. for discussion of fire department salaries. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Administrator Danielson said the City will be meeting with the new School Superintendent on Thursday, August 6, 2006 at 9:00 am. COUNCIL COMMENTS Councihnember Vitelli complimented Councilmember Duggan and all the people that worked on the 50'h Anniversary celebration. Councilperson Krebsbach commended West St. Paul for their landscaping work and new construction along Robert Street. Councilperson Krebsbach also announced that she will be going to Oxford University for the Oxford Roundtable for discussion on the role of women in meeting their highest potential. Councilperson Duggan talked about his neighbor, Ally, who was featured on the front page of the Pioneer Press as she won the Minnesota competition in relation to orchestra. ADJOURN There being no further business to come before Council, Councilmember Duggan moved to adjourn to the meeting to 9:00 a.m. on Thursday, August 6t', 2006 so that Council members can meet the new school superintendent, with subsequent adjournment to 5:30 p.m. on Tuesday, August 15 for closed session on Par 3 litigation. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:50 p.m. Rebecca Sha e Recording Secretary ATTEST: John J. Hub Mayor C