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2006-04-02 City Council MinutesPage No. I April 4, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 4, 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, 1. 101 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. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 6f, firefighter appointment, 6j, Town Center outlot improvements and 6k, rental housing licensing, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the March 28, 2006, Planning Commission minutes. b. Acknowledgement of the March Building Activity Report. c. Acknowledgement of the February Fire Report. d. Adoption of Resolution No. 06- 20, "A RESOLUTION AUTHORIZING MENDOTA HEIGHTS TO PARTICIPATE IN THE MAY SEATBELT MOBILZATION WITH THE DAKOTA COUNTY TRAFFIC SAFETY COMMITTEE (DCTSC)." e. Adoption of Resolution No. 06-21, "A RESOLUTION FORMALLY ACKNOWLEGING THE RECEIPT OF THE GIFT FROM COMPLETE SELF DEFENSE — MINNESOTA TO THE CITY OF MENDOTA HEIGHTS." f, Approval of the appointment of Sharon Hinze part-time Receptionist/Clerk, effective on April 24 at Step A, Grade IV of the city's pay classification plan. Page No. 2 April 4, 2006 g. Acknowledgment, with regret, of the resignation of Judy Wonick from the Administrative Secretary/Utility Billing Clerk position. h. Adoption of Resolution No. 06 -22, "RESOLUTION ESTABLISHING AND REVOKING MUNICIPAL STATE AID STREETS." i. Acknowledgment of a status report on planning efforts for the city's 50th Anniversary Celebration. j. Acknowledgment of a status report on fundraising and restoration efforts for the Pilot Knob site. k. Approval of the List of Contractors dated April 4, 2006. 1. Approval of the list of claims dated, 2005, and totaling $125,799.39. m. Approval to rent a band -wagon from the St. Paul Parks and Recreation Department for use at the 50th Anniversary Celebration, along with authorization for the issuance of a check for $575 to the St. Paul Parks and Recreation Department. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER OUTLOT Council acknowledged a memo from Administrator Danielson regarding a request from Ross Fefercorn for payment of $108,779 for landscape work that he has had done to the city's outlots in Town Center. Councilmember Krebsbach asked if anyone has done an inspection to verify that everything has been planted in the sizes and types of plantings that were required. Administrator Danielson responded that staff member Tom Knuth checked the plantings. What has been done does not complete the plan — there is another $11,000 still to be paid. Councilmember Krebsbach asked for a report to verify that everything has been planted to the size and specifications required. It was the consensus to table the matter to April 18. RENTAL HOUSING Council acknowledged a memo regarding continued discussion on a proposed ordinance on rental housing licensing. Councilmember Duggan suggested some minor revisions to the language. Councilmember Duggan moved adoption of Ordinance No. 407, "AN ORDINANCE AMENDING TITLE 3 OF THE MENDODTA Page No. 3 April 4, 2006 HEIGHTS CITY CODE CONCERNING RENTAL HOUSING," as amended. Councilmember Vitelli seconded the motion. as amended. Ayes: 5 Nays: 0 FIREFIGHTER APPOINTMENT Council acknowledged a memo from Fire Chief Maczko recommending the appointment of Justin Fitzgerald as a one year probationary firefighter. Chief Maczko introduced Mr. Fitzgerald to Council and informed Council and the audience that Mr. Fitzgerald has already completed all of the training that the department requires. Councilmember Krebsbach moved approval of the appointment of Justin Fitzgerald as a one year probationary firefighter. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 HEARING: INDUSTRIAL Mayor Huber opened the meeting for the purpose of a public hearing PARK STREETS on the proposed industrial park street rehabilitation project. Council acknowledged a report from Engineer McDermott. Engineer McDermott described the proposed improvements, which consist of milling and a bituminous overlay on Mendota Heights Road from I35 to TH 13, Northland Drive from TH 55 to Mendota Heights Road, and Enterprise Drive. The project also includes rehabilitation of the bituminous pathway along Mendota Heights Road from Lexington to Northland Drive and construction of a new trail on Mendota Heights Road from Pilot Knob to TH 13 and on Northland form Pilot Knob to Mendota Heights Road. The total estimated cost is $788,450. Proposed funding includes $594,000 in special assessments, $154,000 in State Aid funds and $40,000 from the city's infrastructure fund. Both Mendota Heights Road and Northland Drive are MSA streets. It is proposed to assess the benefiting properties at $2,414 per unit. A unit is one acre of property. If the project is approved, bids will be opened in May and construction will start in the beginning of June. Responding to a question from Councilmember Schneeman, Engineer McDermott stated that the streets were slurry sealed ten years ago. Page No. 4 April 4, 2006 Mayor Huber asked for questions and comments from the audience. Mr. Wade Keitola, representing Minnesota Knitting Mills, 1450 Mendota Heights Road, stated that there is no trail in front of the facility now or on Northland Drive and he was wondering where the trail will go. He was concerned that the irrigation system not be damaged during construction. He also stated that Minnesota Knitting Mills probably has the most frontage of any of the properties and asked what they will be assessed. Engineer McDermott responded that the project is not going to be assessed based on frontage, but rather on area. Staff is still working out the exact location and width of the trail. There are trees along the road and staff does not want to disturb them. She stated that she will work with Mr. Keitola on the irrigation. Any irrigation that is disturbed will be replaced as part of the project. Because of the constraints caused by the trees, the trail may be reduced to five or six feet wide rather than the normal eight foot width. There being no farther questions or comments, Councilmeraber Duggan moved that the hearing be closed. Councilmeraber Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmeraber Duggan moved adoption of Resolution No. 06-23 "RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR INDUSTRIAL PARK STREET REHABILITATION PROJECT (PROJECT #200602)." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06-07, HEINO Council acknowledged an application from Mr.Glen Heino, of Wold Architects, on behalf of School District 197, for a conditional use permit for the removal, addition or re-grading of over 400 cubic yards of fill, conditional use permit for accessory structures and variance for the size and number of accessory structures at Henry Sibley High School, 1897 Delaware Avenue. Council also acknowledged associated staff reports. Mr. Paul Aplikowski, from Would Architects, was present on behalf of the school district. Assistant Hollister informed Council that the school district wants to do a considerable amount of work at the high school, some of which requires planning approvals. They need a conditional use permit for Page No. 5 April 4, 2006 over 400 cubic yards of fill for regarding the parking lot and a variance for the total square footage and number of accessory structures. They plan several changes to the building which do not require planning approvals. Mr. Aplikowski stated that there are a considerable number of changes inside the building. In the site project, they are repairing the whole front parking lot to move student traffic closer to the two doors of the school and moving the staff lot and bus area to improve safety on the site. None of the access points are being changed. Councilmember Krebsbach asked if the big island with trees in it will remain. Mr. Aplikowski responded that island will be removed. There will not be a green space in between the parking lots as there is now. The parking lot capacity will increase from 492 to 524. Responding to a question from Councilmember Krebsbach about drainage, Mr. Aplikowski stated that the goal is to try to retain about the same amount of hard surface and utilize the existing drainage system. The tennis courts will remain as they are, although there will be some grading around them to improve drainage. Mayor Huber noted that the City Administrator had some concerns about the length of time the project will take and how that will work with the city's rules on how long people have to complete a project. Administrator Danielson responded that he spoke to one of the project's contractors today and was told that the project will be completed over the next three years. The city's ordinance requires completion in one hear. Council should either grant a variance to the time limit or require individual permits each year. Councilmember Vitelli suggested that Council deal with it in three one-year increments. Some of the work will be on the building and Council is not as interested in what is happening to the structure. Council could ask the school district to come back next year to review what is going to take place then and approve that. Council would then have a chance to discuss things that may be causing resident dissatisfaction. Councilmember Duggan pointed out that some green space will be lost. He would prefer that the vastness of the parking lot be broken up with trees in islands in the middle. He would like to see the addition of islands at the ends of some of the parking areas and Page No. 6 April 4, 2006 would also like to see some additional green space in the parking lot instead of the mass of 500 parking spaces that has no relief. Mr. Aplikowski responded that he has looked at some options. Part of the issue is that the school district is creating more circulation space to improve safety on the site. That is where the green space is going. Responding to a question from Councilmember Duggan about how many accidents there have been in the parking lot last year, Mr. Aplikowski stated that there were perhaps six. Councilmeraber Duggan wondered whether safety is really a factor given the low number of accidents. Police Chief Aschenbrener stated that the circulation definitely could be redesigned. He has not looked at the plan yet, but if this is a totally redesigned plan it will most probably be an improvement. Councilmember Duggan asked what benefit there will be from adding 32 parking spaces when the existing parking exceeds code requirements. Mr. Aplikowski responded that he could look into reducing the new parking spaces. He was trying to use the space available without interfering with the ball fields. Councilmember Duggan stated that he would like to Mr. Aplikowski add some islands with at least two to three trees in them to break up the blacktop. Councilmember Vitelli stated that he does not know how the last two school buses will ever get out of their stalls from the comer parking area. Mr. Aplikowski responded that buses never back out. The object of the angled parking is for the buses to peel off forward in sequence. Councilmember Schneeman moved to approve a conditional use permit and variance. Councilmember Krebsbach seconded the motion. Councilmember Duggan suggested that the proposed resolution be amended with an additional condition that the applicant come back to the city annually until the project is completed to seek additional pen-nits to go forward. Page No. 7 April 4, 2006 Councilmember Vitelli suggested that Council ask the school district to comeback to the next meeting and ask for the building permits for the work that is going to be done in the next year. Mayor Huber stated that the school district should also address Councilmember Duggan's concerns about greenery in the parking lot. Councilmember Krebsbach withdrew her second to the motion. Councilmember Schneeman withdrew the motion. Mr. Aplikowski stated that one part of the application before Council today is the variances for the building. That work will not be done until next year, but he does anticipate the parking lot being completed by fall of this year. A conditional use permit is required before the parking lot work can start. After that it will all be interior work. Councilmember Krebsbach asked what advantage there is to not granting the approvals tonight. Mayor Huber responded that if a permit is granted, it is only valid for a certain period of time. What Councilmember Vitelli has suggested is that Mr. Aplikowski come back with a request for the permit he expects to do in the next year. He stated that his concern is that Council has not addressed the green space concerns expressed by Councilmember Duggan. Councilmember Vitelli stated that there is a rule in place about the length of time a permit is valid. When Mr. Aplikowski comes back Council can also keep in touch with the project and if there are any resident complaints, Council can address them. Council can also ask the school district to take Councilmember Duggan's suggestion about landscaping into account when they come back with the immediate plans for the parking lot. Councilmember Duggan moved to table the matter and request that the school district come back with a plan showing some green space added in the parking area and work with the Police Chief on parking lot circulation. Councilmeraber Vitelli seconded the motion. Ayes: 5 Nays: 0 Mr. Aplikowski stated that he will come back in two weeks with a schedule for the work. Page No. 8 April 4, 2006 Case No. 06-08, UNITED Council acknowledged an application from United Properties PROPERTIES for a 40 foot front yard setback variance for a monument sign at 2520 Pilot Knob Road for Twin Cities Occupational Health. Council also acknowledged associated staff reports. Mr. Chris Leaf was present for United Properties. Assistant Hollister stated that there is a 30 foot setback requirement for monument signs in the I District. It is quite corn-non for Council to grant variances to the setback requirement in the industrial park. Mr. Leaf is requesting a forty foot variance to allow the sign to be placed right on the property line. Councilmember Vitelli asked why the Planning Commission recommended the 40 foot variance. Assistant Hollister responded that they were persuaded that by putting the sign 20 feet back would not allow the sign to be visible because there is a stand of trees that would block the sign or would have to be removed. Mr. Leaf stated that the property slopes down from the street and if the sign were placed at the required setback it would be so low that it would not be seen. In order for it to be seen it would have to be ten to fifteen feet tall and it would still be blocked by the trees. Councilmember Duggan suggested that Mr. Leaf put in a temporary plywood sign and address traffic passing the site before they purchase a permanent sign so they can determine what the optimum placement would be. Councilmember Vitelli moved adoption of Resolution No. 06-25, "A RESOLUTION APPROVING A 40-FOOT FRONT YARD SETBACK VARIANCE FOR A MONUMENT SIGN AT 2520 PILOT KNOB ROAD," with the condition that if either of the trees existing in the boulevard disappear at some future time, the sign must be moved back 40 feet. Councilmember seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06-05: DAVERN - Council acknowledged an application from Mr. Richard Davem on Page No. 9 April 4, 2006 VISITATION SCHOOL behalf of Visitation School, 2455 Visitation Drive, for a conditional use permit, variance and wetlands permit outdoor classroom. Council also acknowledged associated staff reports. Assistant Hollister informed Council and the audience that the conditional use permit is required for the proposed accessory structure, the variance is for the total square footage and number of accessory structures, and the wetlands permit is required because of the proximity of the outdoor classroom to the wetlands and for a floating dock in the wetlands. Ms. Ann Bidel, a teacher in the upper school, introduced representatives of the school who were present for the discussion. She reviewed the proposed location for the outdoor classroom. About a year ago, the University of Minnesota offered a class on how to build outdoor classrooms. She and another teacher attended the class. Teachers at Visitation from pre- school through senior high were surveyed and came up with multiple ideas on how to use the space. It will be a multi - purpose area, for the youngest students to the oldest. It is for science, for music, religion and meditation and writing. It will be a unique opportunity for students to learn. There will be many different types of gardens created and there will be a floating dock. Right now the area is just grass and is very undisturbed. Visitation does not intend to change the slope and there will be some walking paths but they will be just grass. Councilmember Krebsbach stated that it seems like a very good use of the space. Councilmember Duggan asked if a classroom like this, of a penmanent nature, is a first in high school education in Minnesota. Ms. Bidel responded that there are others that have them, but not to this extent. Councilmember Krebsbach moved adoption of Resolution No. 06- 25, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, VARIANCE, AND WETLANDS PERMIT FOR AN OUTDOOR CLASSROOM AT 2455 VISITATION DRIVE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 10 April 4, 2006 LILYDALE TENNIS CLUB Administrator Danielson informed Council and the audience that the Lilydale Tennis Club is closing its doors on May 31. There are a number of members within the club who are putting together a consortium of people who are looking to replace that club somewhere in the vicinity of the existing club. They came to City Hall to ask if the city has any site that could be used. The city does own a parcel of land that it purchased from Resurrection Cemetery that is being used as a holding area for the city materials and equipment and that material and equipment could be stored at another city -owned site. It could be available for sale. Both the consortium and the city planner feel it could be a good site for an athletic facility. They are here this evening to ask if Council is interested in pursuing selling the land for uses as a tennis club. Responding to a question from Councilmeraber Vitelli, Administrator Danielson stated that the county's estimated value on the property for 2006 is $1.5 million. Mr. John Riley, from Condor Corporation, stated that he would be considered the applicant. He has been involved with the group known as the Phoenix Tennis Group (members of the Lilydale Tennis Club). They are trying to find a site for a new club. They do not have any concrete idea for development but are just asking if Council would be willing to consider selling the site for some type of development. A tennis club is one of the things Phoenix is working on. His understanding is that the city bought the site for future development. He would be interested in the site exclusive of the tennis club, should the economics of the tennis club not be feasible. Mayor Huber stated that if the city sold the site, no city function would be displaced. While the city is not marketing the site nor anxious to sell the property, if there was a price point for it that is commensurate with market value, he would be willing to consider selling it. There is no specific application before Council so it is difficult to comment. Councilmember Krebsbach stated that she would be willing to sell the property if it were to be put to the tennis/health club use, but Council is not putting necessarily putting it up for sale. Mayor Huber stated that if Council would just be responding to a specific proposal from the tennis group. If the city were to sell the land to them, the sale would be structured in such a way that Council would know that a tennis club is what would be built there. Page No. 11 April 4, 2006 Councilmember Duggan asked if the use would fit in the current zoning. Administrator Danielson responded that the zoning ordinance would need to be amended to allow athletic facilities in the business zone or the property would need to be rezoned. Councilmember Vitelli stated that he would support the sale with the condition that it be used as a tennis club to help replace the unfortunate loss of the Lilydale Tennis Club and to keep people active and in shape without having to drive 20 miles. He agreed with Councilmember Krebsbach that it would have to be with the condition that it be used as a tennis club or some type of athletic facility, perhaps with a swimming pool. The second condition is that the price would have to be reasonable. He feels the Lilydale Tennis Club was an asset and it is a big loss and he supports the proposal. Mayor Huber asked Mr. Riley if he has a time frame to work with to secure a site in Mendota Heights. Mr. Riley responded that the Phoenix tennis group is trying to get things done as quickly as possible. They would prefer that the building be up by this fall but that is unrealistic. Mayor Huber asked what kind of time frame Mr. Riley is looking at to secure a site in Mendota Heights and go to closing and the second part is to actually build a structure. Mr. Riley responded that he thought that Council would direct the city staff to start the process, which would involve an appraisal. He estimated that would take about 30 days. Right now the focus is on a fitness facility and that will determine the economics of the deal. He wanted to find out Council's willingness to sell the site. He is a member of the tennis club and would like to see a facility in Mendota Heights. From a developer's point of view, if the Council directs the city staff to figure out the market value based on a health club use, that would impact the value of the site. He would think that is a lower use than light industrial. Instead of changing the zoning, Council may be able to put health clubs as a conditional use in the B -2 district. That is simpler than changing the zoning. If Council says they would be willing to sell the land but only as a health club that will change the dynamics. Councilmember Krebsbach responded that Council is interested in selling it only for a health club. Page No. 12 April 4, 2006 Mr. Riley stated that Lifetime Fitness seemed excited about this idea but the demographics of the trade area is not what they need to build a facility without any economic assistance. If Lifetime or some other health club developer decides they can make financial sense out of a health club at that location, they can take up the ball. Or the Phoenix group could build their own facility. Councilmember Duggan stated that there has been discussion about Lifetime Fitness on one side of the site and the tennis club on the other. He asked if there has been any consideration given to combining the Lifetime Fitness and tennis club uses. Mr. Riley responded that the site would accommodate that. If Lifetime comes into the picture, Phoenix would want to work with them to include tennis. Councilmember Duggan asked how many of the Lilydale Tennis Club members he estimates might use this facility. Mr. Riley responded that that would have a lot to do with how quickly things get done. If it were put up this fall, it would be the majority of them. As time goes on people will find other options. A new facility will attract new members as well. He hopes that Lifetime is interested and that they tell him what they need to get this going. He hopes to hear from them in the next couple of weeks. Responding to a question from Councilmember Duggan, he stated that the preference of the Phoenix group would be to have a fitness /tennis club rather than a bubble. Mayor Huber stated that there is enough direction to staff to go forward with getting an appraisal. Mr. Pat Gallagher stated that he is a member of the Lilydale Tennis Club and the Phoenix Tennis Group. It was his understanding that there are two sites that are possibilities, this site and the Mulvihill site. Administrator Danielson responded that staff was thinking that Phoenix would pick one of those sites or the other. The planner and city staff prefer the Resurrection site. Councilmember Krebsbach stated that she would take a look at the Mulvihill site if the housing proposal for the Acacia site does not proceed. She is concerned that the corner of the Mulvihill (Acacia Page No. 13 April 4, 2006 area) site not be built on. It is a difficult site. Council would have to think about its relationship to Pilot Knob. Mr. Gallagher stated that the Resurrection site is 11.5 acres and the Mulvihill site is seven acres and that might become more affordable for Phoenix. The people in the Phoenix group all prefer the Resurrection site. He stated that he is asking that if the Resurrection site is not going to work for some reason, whether the city would then consider having an appraisal done on the Acacia site as an alternative. Mayor Huber stated that there are many challenges with the Acacia site and stated that Phoenix should focus on the Resurrection site. INFILL STUDY Council acknowledged a memo from Administrator Danielson regarding infill. Mr. Danielson stated that Council met recently in a workshop and discussed the possibility of increasing the lot size requirement for all new single family lots to be created in the city based on a formula that took into account neighboring lots. At the workshop Council decided that was too complicated and asked staff to look at what the sizes were of the lots created in the last ten years. At the meeting Council discussed moving towards setting a definite lot size rather than having a sliding scale based on a formula. There is a suggested ordinance prepared by the city planner included in the agenda tonight and that is based on a fixed lot size. A letter had been sent by Ms. Joan Olin to a number of people who might be affected by a change in the ordinance. He stated that he has received calls from several of those people who object to amending the ordinance. Councihnember Krebsbach stated that the majority of the subdivisions since 1995 have lots larger than 15,000 square feet. One of the things Council discussed is whether the city really has been developed with 15,000 square foot lots. It has actually been developed with a mix of lot sizes. Council wants to keep the character of the city and are looking at a median point where people would be allowed to subdivide but perhaps create only two lots rather than three, as an example. Councilmember Vitelli stated that ever since he has been on the Council he has been hearing the word infill. Four years ago, Councilmember Krebsbach stated that Council must think about the future and infill. About 95 percent of the city has been developed. The city has been pretty much developed and the people who bought land and built homes selected a community, an area of the city, in Page No. 14 April 4, 2006 which to live based on the environment and character of that community. The lot size minimum of 15,000 square feet has been in place for 40 years but in spite of that, for the last ten years, on average, the average lot that was proposed to Council was about 23,000 square feet. If Council does not change the minimum size of a residential lot to be buildable, Council will allow subdivision of larger parcels of land that will change the character of the immediate connnunity. If he and his neighbors bought homes in an area because most of the lots were an acre and all of a sudden there are three homes on a subdivided acre of land next to him, he would be surprised. Council owes it to people who have selected their homes and selected the character of the neighborhood they live in. Council should offer some stability to those people who have chosen where to live. He stated that he would guess that tonight the people whose land can be subdivided are present this evening because of the letter they received from Ms. Olin, but the people could be affected by their neighbors subdivisions did not get the letter from her. Those people will be in the Council Chambers when Council entertains a legal application from their neighbor to subdivide their acre lot into three lots. He would like to see a memo go out to not just the owners of subdividable parcels but also those within 350 feet of them. People say "if it ain't broke, don't fix it." Tonight Council added a rental ordinance to the city code because Council anticipates a potential problem. Last year Council instituted an ordinance on property maintenance because Council felt that things could get out of control in the future if there is nothing on the books something that controls the appearance of people's property such as garbage cans, deteriorating fences, etc. He feels that Council should look towards the future and look at the fact that 95% of the city has been developed and people have chosen where to live based on their neighborhood's character. He would be in favor of increasing the minimum R -1 lot size to the average of the last ten years, which is 23,000 square feet. Councihnember Duggan stated that the infill concept surfaced as Council worked on the comprehensive plan in 2000. Council started working on it in 1998 or 1999. As the result of Council's workshop discussion a few weeks ago, Guy Kullander was asked to come up with a history of development. He stated that as he counts the lots in Mr. Kullander's summary, 53 of the 101 lots are less than 20,000 square feet. Twenty -eight lots are greater than 30,000 square feet. The median is not 23,000 square feet. Council was looking at whether it wants to consider 20,000 square feet as a figure or 25,000, etc. Things have been continually changing over the years. Council watered down the maintenance ordinance a bit. Over the past twelve Page No. 15 April 4, 2006 years Council can be commended for the city developing the way it has. People are happy with the city the way it is and he sees no reason to make changes. He saw an article by the Metropolitan Council in the paper recently regarding eminent domain, and in that article they reiterated their standard of three units per acre. He did not think the Metropolitan Council would look favorably on a minimum of two units per acre. Councilmember Krebsbach stated that she belongs to a fraternal organization for land economics and a presenter to that group said that there enough condominiums and housing units on the books that it will meet the demand for 2030. There are many units being planned for the metro area that will meet the plan for 2010. Councilmember Duggan stated that the problem is where the people will be. He has attended Metropolitan Council meetings and heard people talk about these issues and they do not have a profile of the additional 900,000 people. The answer will be more to affordable housing and perhaps a step up from that. If the city moves up to 23,000 square feet it will be in jeopardy of being seen as elitist. He would like to think that some younger families can afford to buy a home in Mendota Heights. Councilmember Vitelli stated that he does not think the citizens of Mendota Heights should be responsible for accommodating metro area growth and snaking room for housing that is just above affordable. That is not the character of this community. He does not feel an obligation to Metropolitan Council by accommodating the growth of the metropolitan area by allowing affordable housing or just above that to come into the community. Councilmember Duggan said that the people of Mendota Heights are happy the way it is. That means they are happy the way their immediate communities and the total community are. His proposal is that they continue to be happy and little spots in their neighborhoods are not developed that do not conform to the neighborhoods. Councilmember Krebsbach stated that if all of the housing that is planned in the metropolitan area for condominiums, multi - family, single family is built by 2010 the housing demand of 2030 will have been met. She was surprised by Councilmember Duggan's comments because in past discussions he has been interested in large lots as well. Councihnember Duggan responded that he has never been interested in large lots exclusively. The information submitted by Mr. Page No. 16 April 4, 2006 Kullander shows that there have been 101 lots created in the last ten years and he does not remember a huge outcry from the people who were impacted by them. Council has the perception if it rejects something they understand the concept in theory. About 100 homes were built and no one has come forward to say they are unhappy with this or that house. Councilmember Schneeman stated that she knows there are people who have property they want to subdivide, but she agrees with the statement that has been made that if Council does not make changes the city will not look like it does now and the residents will not be happy. There is only 5% of the city left to develop. She feels 15,000 square feet is too small these days. People have four or five cars in her neighborhood and park them in the street. People are not building houses like they did 15 years ago. They are building "mansions." Mayor Huber stated that this has been a good exercise and Council has received a lot of input. One of the changes that came out of the workshop was to do away with the concept of a sliding scale. He still favors leaving the existing rules in place. He hears the concern and understands the anxiety of those who have existing homes bordering larger lots that have the potential for subdivision but at this point he is not interested in changing the rules that have been in place for 40 years. He stated that he is sensing that the five members of Council are at the point where their opinions are not going to change and it is three to two. He felt that Council has received all the information it needs at this time. Councilmember Vitelli disagreed, stating that Council has not received input from people who will be affected by subdivisions. Mayor Huber asked what Council wants staff to do next. Councilmember Schneeman stated that she is not comfortable yet with the suggested lot size. She wants to enlarge on the 15,000 square feet but does not know what the minimum size should be yet. Councilmember Duggan stated that one approach is that Council could send a letter to the Metropolitan Council asking what their reaction would be to increasing the minimum to 20,000 square feet. Mayor Huber felt this is an issue that the city must figure out on its own. Page No. 17 April 4, 2006 Councilmember Krebsbach stated that Council is looking at existing j parcels within residential conummities and deciding whether they will be able to divide them into two lots or three. She would support 20,000 square feet as a minimum but would also consider 23,000. Councilmember Vitelli stated that he would like to get a handle on the attitude of the people who would be affected. Mayor Huber stated that Council could call for a public hearing to change the minimum lot size. Councilmember Vitelli suggested that people within a certain distance of the subdividable parcels be notified that Council is addressing this question — should the parcel they are a neighbor to be allowed to be subdivided into smaller lots and invite them to a public hearing. Councilmember Duggan stated that he thinks the result of that would be similar to the input received at each subdivision request that goes to Council and the Planning Commission for consideration. If a mass publication is done, it will raise a red flag to people that someone next to them may suddenly want to subdivide when they have no intention of subdividing. Councilmember Vitelli asked what is wrong with trying to find out the feeling of residents who will be affected in the future. They do not even know that they are living next to a parcel that under today's ordinance could, for instance, be divided into three lots. Mayor Huber stated that this is an issue that everyone in the city may have an interest in whether they are near a subdividable property or not. He was concerned that it might cause a fair amount of confusion for someone who is listed as having a potentially subdividable lot and a neighbor calls him and says he did not know that he was interested in subdividing his property when he is not. He would prefer advertising a public hearing that the whole city is invited to. Councilmember Krebsbach stated that people will understand if they get a letter that their neighbor is not necessarily going to subdivide but that the parcel could be subdivided. They need to know. The fundamental question is that this cannot go forward unless there is a supermajority vote. Page No. 18 April 4, 2006 Councilmember Krebsbach stated that the residents have the right to know what property is subdividable and that should go out in a notice. Council is looking at how the city will finish developing. She recommended sending a notice to people who are within the hearing notice distance from lots that can be divided and have a hearing on that. This cannot go forward unless there is a four to one vote. One more Councilmember must decide that the minimum lot size should be larger or the minimum lot size will remain status quo. Councilmember Vitelli stated that as a representative of the total city he feels Council needs input from the people who will be affected. He suggested asking staff to draft a proposed memo for Council review at the next meeting. Councilmember Vitelli moved to direct staff to suggest the wording of a memo to go out to all property owners who are a distance which is the same as is used to notify people of a subdivision application. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 1 Duggan PERSONNEL Council acknowledged a memo from the City Clerk recommending the probationary appointment of part-time police secretary Sandie Thone as Administrative Secretary/Utility Billing Clerk on a part- time basis from April 11 to April 21 and then full -time, effective on April 24. Councilmember Schneeman moved to approve the probationary appointment of Sandie Thone as Administrative Secretary/Utility Billing Clerk, on a part-time basis from April 11 to April 21 and then full -time, effective on April 24, at Step D, Grade XII of the city's pay classification plan. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman cautioned residents to watch their children carefully around ponds because of the melting snow. Councilmember Duggan gave an update on sales in the OPUS development. He also informed Council that 87 invitations to the 50th Anniversary Celebration were sent out to Mendota Heights Golden Citizens — people who have lived in Mendota Heights for fifty years. He also gave an update on 50th Anniversary planning. Page No. 19 April 4, 2006 ADJOURN There being no further business to come before Council, Councilmeraber Schneeman moved that the meeting be adjourned. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:55 p.m. Ka?hleen M. Swanson City Clerk ATTEST: John J. Hu .Ke r Mayor (-,/