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2005-12-06 City Council MinutesPage No. 1 December 6, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 6, 2005 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. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 j APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on November 15, 2005 as amended. Councihnember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Duggan CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 6c, Building Activity Report, 6e, antenna replacement, and 61, delinquent utility and weed charges, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the unapproved minutes from the November 22, 2005 Planning Commission meeting. b. Acknowledgement of the unapproved minutes from the November 9, 2005 Park & Recreation Commission Meeting. c. Acknowledgement of the October 2005 Fire Department Monthly Report. d. Authorization for the appointment of two Police Secretaries. e. Approval of the Police Contract for 2006/2007. Page No. 2 December 6, 2005 f. Adoption of Resolution No. 05 -115, "A RESOLUTION ORDERING IMPROVEMENT AND ADOPTING AND CONFIRMING ASSESSMENTS FOR FIRE PROTECTION IMPROVEMENTS TO SERVE FISCHERVILLE COFFEE HOUSE." g. Adoption of Resolution No. 05 -116, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR SIGNAGE FOR CAR113OU COFFEE AT THE TOWN CENTER REDEVELOPMENT PROJECT." h. Adoption of Resolution No. 05 -117, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR SIGNAGE FOR H &R BLOCK AT THE TOWN CENTER REDEVELOPMENT PROJECT." i. Adoption of Resolution No. 05 -118, "A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2006 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING." j. Approval of list of contractor licenses dated December 6, 2005. k. Approval of List of Claims dated December 6, 2005 and totaling $196,916.02. Councilmember Vitelli seconded the motion. l Ayes:5 Nays: 0 BUILDING REPORT Councilmember Duggan commented that even though the city is nearly 100% developed, there has been a $26 million growth in valuation this year due to permit issuance. That is very impressive, as it is only 19% less than the valuation increase at this time last year. Councilmember Duggan moved acknowledgement of the November 2005 Building Activity Report. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 ANTENNA REPLACEMENT Council acknowledged a memo from Administrator Danielson regarding authorization to execute an "Acknowledgment" from Cingular for replacement of two antennas at 1196 Northland Drive. Councilmember Krebsbach asked what the coverage for cellular phones is in Mendota Heights. She stated that she wants to be sure Page No. 3 December 6, 2005 that the city has adequate coverage and would like to know where the "black" spots are. Administrator Danielson responded that he would have to discuss the coverage issue with the individual cellular providers. They keep that information and he will ask for reports from them. Councilmember Krebsbach moved to authorize execution of the Acknowledgment from Cingular for replacement of two antennas at 1196 Northland Drive. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 DELINQUENT UTILITY FEES Council acknowledged a memo and proposed resolutions from the City Clerk relative to certification of delinquent utility and weed cutting charges. Councilmember Schneeman noted that there are some people on the list who no longer live at the addresses listed in the delinquent utility resolution. The City Clerk responded that the charges go with the property and if the utility fees are not paid by the current or prior owners, they are certified against the properties. Councilmember Krebsbach moved adoption of Resolution No. 05- 119, "RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES" and "Resolution No. 05-120, "RESOLUTION CERTIFYING UNPAID WEED CUTTING CHARGES." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER Mr. Ross Fefercorn stated that Councilmember Vitelli had asked him to present the plans for the two new retail buildings in Town Center. He reviewed elevations of Buildings D and E for Council and the audience and stated that the buildings are currently being framed. Councilmember Vitelli stated that he asked Mr. Fefercorn to present the elevations because he reviewed all of the materials he has received and did not see any elevations of what the buildings would look like. Mr. Fefercorn stated that the structures will be single story retail buildings and they will complete the frontage on Market Square. Page No. 4 December 6, 2005 They are designed to front on Market Street and have space facing Market Square. Building E is the smaller building and both buildings have the roof features and lower floor features of Building F. In the next week he should be seeing preliminary architectural designs from Mr. Kowalski for the market. Councilmember Krebsbach stated that she is happy that the buildings have pitched roofs rather than flat roof. Councilmember Vitelli stated that he was at Town Center last Friday and the Caribou Coffee shop is already taking on the air of a small gathering place and you see students from Henry Sibley and Visitation walking to the stores. It is like being in a small town. HEARING: 2006 LEVY Mayor Huber opened the meeting for the purpose of a continued AND BUDGET hearing on the proposed levy and budget for 2006. Responding to a request from Councilmember Vitelli, Finance Officer Schabacker reviewed the high cost items in the proposed budget that were not in the 2005 budget, such as a dump truck for snow plowing and the first year of escrow for transition to the 800 Mhz system. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Vitelli moved to close the hearing and adoption of Resolution No. 05-121, "RESOLUTION APPROVING FINAL 2005 TAX LEVY COLLECTIBLE IN 2006 AND ADOPTING PROPOSED BUDGET FOR 2006." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 HEARING: DELAWARE Mayor Huber opened the meeting for the purpose of a public hearing AVENUE IMPROVEMENTS on proposed improvements to Delaware Avenue from Dodd Road to Annapolis. Engineer McDermott informed the audience that the project is being done jointly with West St. Paul and they are following the same procedure as Mendota Heights. The proposed improvements are to include storm sewer, curb and gutter and bituminous surfacing. West St. Paul will be replacing sanitary sewer and St. Paul Water will be repairing watermains. The estimated total project cost is $1,078,000. The Mendota Heights portion of the project is estimated Page No. 5 December 6, 2005 at $411,500. The proposed funding is $88,000 in assessments, $215,000 from county tumback funds and a $108,000 tax levy. Staff conducted a neighborhood meeting and a couple of issues arose. One is the property at 1085 Delaware that has been experiencing problems due to excessive storm water runoff and inadequate storm sewer in the area. Storm sewer will be installed to correct the problem. People were concerned about parking during construction. She and the West St. Paul Public Works Director will work on that. The Mendota Heights sidewalk ends mid-block, and staff proposes to extend the sidewalk to Dodd. Only one property owner who would be affected by that objected to it at the neighborhood meeting. Mayor Huber asked for questions and comments from the audience. Mr. John Price, 1045 Delaware, stated that he had some concerns about the continuation of the sidewalk. Sidewalks do not now exist in his neighborhood and his major concern is about the aesthetics and saving the trees. There is a sidewalk on the West. St. Paul side. He would prefer not to have the sidewalk. Engineer McDermott stated that twelve houses currently do not have sidewalk. Councilmember Duggan asked if there is a way the property owners can be assured that the trees will be protected. Engineer McDermott responded that she will work with the individual property owners on the relocation or replacement of their shrubbery. She does not want to disturb the mature trees. Councilmember Krebsbach stated that she wants to make sure that the trees are not traded for the sidewalk. Engineer McDermott responded that staff has no intention of disturbing the trees. Councilmember Krebsbach stated that if it does not appear that the sidewalk will work around the trees, the sidewalk construction should be halted. Councilmember Duggan sated that there should be some language included in the resolution relative to saving the trees. Engineer McDermott stated that staff can work with an arborist. The survey was just done and she has not studied it yet. Ayes: 5 Nays: 0 Page No. 6 December 6, 2005 Mr. Price asked if there is an option or if the sidewalks must go in. Mayor Huber responded that the entire 675 feet of sidewalk will be installed or none at all. Engineer McDermott responded that staff proposes to replace the existing sidewalk if it needs replacement. Mayor Huber informed Mr. Price that if the city retains an arborist to get an opinion on whether the sidewalk cannot be installed without hurting the trees. Councilmember Krebsbach stated that would be the "go" point — an arborist's opinion that the trees can be preserved. Councilmember Duggan moved to close the hearing and adopt Resolution No. 05-122, "RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION ON DELAWARE AVENUE FROM DODD ROAD TO ANNAPOLIS STREET," with the condition that extra precautions be taken, including an arborist, to protect the trees on the Mendota Heights side. Councilmember Schneeman seconded the motion. Mr. Price stated that the mature trees already disrupt the existing sidewalk. Mr. Bob Spurr, 1037 Delaware, asked if there is some consideration to assist the residents with replacing the water lines from their homes to the watermain. He asked if that can be facilitated by the city through the construction process. Engineer McDennott responded that St. Paul Water owns the watermain and they will be replacing a couple of the services that freeze during the winter. Beyond that, the city would have to talk to St. Paul Water. They have no information on lead connections in that neighborhood, but if St. Paul Water finds them, they would dig them up and replace them. Councilmember Krebsbach stated that the arborist will review the entire stretch of sidewalk to make a determination about whether trees would be disrupted. — Page No. 7 December 6, 2005 CASE NO. 05 -42, SCHUSTER Council acknowledged a memo from Assistant Hollister regarding continued discussion on an application for preliminary plat from Mr. and Mrs. Joseph Schuster for the creation of two additional lots at 1900 Wachtler Avenue. Mayor Huber stated that the 60 day clock does not expire on the application until the day after Council's next meeting. If Council were to deny the application this evening, staff would need to prepare findings. Mrs. Schuster has asked to be put on the agenda for the next meeting so that she can decide whether to continue this application or withdraw it. It was the consensus to table discussion to the December 20 meeting. CASE NO. 05 -57, MENDOTA Council acknowledged an application from Mr. Paul Apilkowski ELEMENTARY SCHOOL of Wold Architects on behalf of Mendota Elementary School for a conditional use permit to remove in excess of 400 cubic yards of material from the Mendota Elementary School site at 1979 Summit Lane and a variance for the concrete curb and gutter requirement. Engineer McDermott informed Council that the school district is proposing to put some small additions onto the elementary school and reconfigure the parking lot. With these improvements they are increasing the impervious surface and would be required to put a storm water pond on the site. The Planning Commission did not like the first design of the pond, which would have been eight to nine feet deep and next to the playground. Engineering staff has worked with the school district to develop an alternate solution for a drainage basin that would fill during storm events and then drain down. Staff is proposing a manhole structure in the ground to treat the water before it goes into the pond. Staff considers this to be a very good alternate design. Councihnember Duggan asked what the impervious surface is now versus what it will be. He stated that he is also curious about the 46 trees and removal of 17. He stated that later in the report there is reference to 65 Evergreen trees and he wants to snake sure the resolution is correct about the number of trees. Engineer McDermott stated that one of the concerns at the Planning Commission meeting was that the applicant proposed additional screening along the north and east side of the pond. They have prepared a revised landscape plan showing additional trees, but she does not know how many there are at this time. Page No. 8 December 6, 2005 Councilmember Schneeman sated that with the proposed design, the water in the pond will never be more than two feet deep. That was her biggest concern. Mr. Dave Ray and Mr. Michael Class, from Wold Architects, were present for the discussion. Mr. Ray reviewed the drawings. He stated that the school district is proposing five to six building additions that are relatively small. They are also trying to improve the bus and traffic circulation on site. They propose to place a bus corral in the north part of the site for busses and staff parking. About % of an acre of hard surface will be added by the parking lot for the building additions. There is about 3 1/Z to four acres of hard surface now. The total site is fourteen to fifteen acres. The underground water quality structure is a standard 72 inch covered manhole. Water comes into the structure at an tangent and it spins the water and the sediment collects in the bottom and the water flows out. Everything is underground. He stated that this is a good solution for the school and the neighbors. Mr. Class described where the building additions will go. Mayor Huber stated that if Council approves the application, the landscaping that will be required is the landscaping that is shown on the plans. Councilmeraber Schneeman noted that the plan shows more trees than the planner's report discussed. Mr. Class responded that what is shown on the landscaping plan is what the school district is proposing. Councilmember Krebsbach moved adoption of Resolution No. 05- 123, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE REMOVAL OF 400 CUBIC YARDS OF MATERIAL AND A VARIANCE FOR PARKING LOT CURB AND GUTTER AT MENDOTA HEIGHTS ELEMENTARY SCHOOL." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -58, BUELOW Council acknowledged an application from Mr. Ronald Buelow for a critical area permit to construct a deck at 1666 Mayfield Heights Road. Council also acknowledged associated staff reports. Page No. 9 December 6, 2005 Mayor Huber stated that Mr. Buelow will need to come back with a further application to the Planning Commission in January. A fourth option would simply be to extend this application for 60 days and consider the entire application at the same time. The sidewalk and stairway is viewed as part of the same project and Council may want to consider all of it at the same time after the Planning Commission has reviewed everything. He stated that Council wants to make sure the city is consistent in having a complete view of what the project will look like rather than presuming some future approval of something that has not been presented. He thought it would be more appropriate to review it all at the same time. Assistant Hollister stated that Mr. Buelow met with staff to talk about applying for the critical area permit for a deck. The city planner recommended approval and found no harm to the critical area. There were no neighbors at the hearing and the Planning Commission unanimously recommended approval of the critical area permit for the deck. After the public hearing, staff received an email from a neighbor raising the issue of concrete steps and a walkway that were not part of the application. Council can require Mr. Buelow to amend his current application to include the sidewalk and stairway and come back to the Planning Commission or deny the application for a deck and instruct him to apply for a critical area permit for the deck, sidewalk and stairway. It is up to Council whether the deck and the concrete sidewalk and stairway should be linked. If this were not in the critical area, the sidewalk and steps would not require a permit at all. Because this is in the critical area, even though a permit would not be required by the Code Enforcement department, it would still require a critical area permit. Councilmember Vitelli asked if there is any option to just approve this and not put Mr. Buelow through all of these hoops. Assistant Hollister responded that Council could make a determination that the sidewalk and steps are integral to the deck. The Planning Commission did hold a public hearing on that and Council could approve the whole thing this evening. Councilmember Vitelli stated that he would support that suggestion. Otherwise, it would have to go back to the Planning Commission and the Council and Council knows what the outcome would be. Councilmember Duggan stated that if they are not going to do this until spring, it would not be unreasonable to have them come back. Page No. 10 December 6, 2005 Assistant Hollister responded that the email raises a question about drainage. If the critical area was not an issue, the homeowner could do this without a permit, but given that the neighbor expressed a concern about drainage, that may be something Council should consider. Staff would ask the applicant to provide information about drainage in light of the neighbor's concern. Mayor Huber stated that a variation of what Councilmember Vitelli was talking about that would still show appropriate concern over the critical area is to ask the applicant to come back with additional information about the sidewalk and stairs and drainage. Acting City Attorney John Nolde responded that it would be appropriate for the City Administrator to refer the matter back to Council without having it go back to the Planning Commission if it is a minor change. Administrator Danielson responded that staff used to bring minor developments like this to Council without going to the Planning Commission and the ordinance allows minor developments to go directly to Council. Mr. Buelow stated that prior to the requirement for planning review, complete architectural plans showing all the exterior work were submitted to the building department and it shows the deck and the sidewalk and a new roof over existing concrete steps. Code Enforcement Officer Berg called him saying this is in the critical area, so he could not approve the plans. He told Mr. Buelow that he could break the project up so he could proceed with the interior work and some of the exterior work and that was done. He did not know until he saw the email from the neighbor yesterday that there was any issue about the sidewalk. Everything that has been presented showed the sidewalk and stairs. There are no additional drawings. Mayor Huber asked what else staff was expecting Mr. Buelow to bring back to the Planning Commission. No one asked the commission to look at the sidewalk or steps, so the commission was not aware they needed to look at them. He asked if staff has reviewed the sidewalk and steps. Administrator Danielson responded that they appear to comply with the requirements. Assistant Hollister stated that most of the materials were submitted to the code enforcement staff, but the Planning Commission Page No. 11 December 6, 2005 application, and what he was aware of, was just what is in the Council packet and does not include the sidewalk and steps. Mayor Huber stated that the city planner and Assistant Hollister need to look at the plans and bring it back to the next meeting. Councilmember Duggan stated that instead he would add a condition to the resolution that makes approval subject to staff review of the concrete sidewalk, stairs and drainage. Councilmember Vitelli moved adoption of Resolution No. 05 -124, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A DECK AT 1666 MAYFIELD HEIGHTS ROAD," with the additional condition that approval is subject to staff review of the concrete sidewalk, stairs and drainage. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 1 Krebsbach CASE NO. 05 -59, SHULTZ Council acknowledged an application from Mr. Jeromy D. Shultz for a Conditional Use Permit for a fence 689 Evergreen Knolls. Council also acknowledged associated staff reports. Assistant Hollister briefly reviewed the application and informed Council that both the Planning Commission and city planner have recommended approval. Councilmember Vitelli moved adoption of Resolution No. 05 -125, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE AT 689 EVERGREEN KNOLLS." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -60, LOSLEBEN Council acknowledged an application from Mr. James P. Losleben for a Wetlands Permit for landscaping and grading at 815 Hazel Court. Council also acknowledged associated staff reports. Assistant Hollister reviewed the application and the Planning Commission recommendation for Council. After brief discussion, Councilmember Duggan moved adoption of Resolution No. 05 -126, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR LANDSCAPING AND GRADING AT 815 HAZEL COURT." Page No. 12 December 6, 2005 Councilmember Vitelli seconded the motion. l Ayes:5 Nays: 0 CASE NO. 05 -61, JACKSON Council acknowledged an application from Mr. Peter F. Jackson, for a front yard setback variance for a home addition at 589 Emerson Avenue West. Council also acknowledged associated staff reports. Assistant Hollister briefly reviewed the application and informed Council that in his memo he had stated that the planner recommended approval, but he actually recommended denial. The Planning Commission recommended approval. The dispute was over whether a hardship existed. The applicant persuaded the commission that there is difficulty with storm water constituting enough of a hardship for approval. Councilmember Duggan asked how close the older trees are in the front by the addition. Mr. Jackson responded that the two birch trees will not be affected. Councilmember Duggan stated that he drove by the home and was concerned about screening but since there is little or no traffic on that street, he does not see a problem. Mr. Jackson stated that in order to solve the water problem he had to put the addition where it is proposed. Attorney Nolde stated that Council should adopt a finding of fact that the water problem creates undue difficulty or hardship and that no reasonable alternative is available to accommodate the expansion of the home. Councilmember Vitelli moved adoption of Resolution No. 05 -127, "A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR A HOME ADDITION AT 589 EMERSON AVENUE WEST," as amended to include the hardship finding. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -62, NELSON Council acknowledged an application from Mr. Daniel P. Nelson, for a sideyard setback variance for a home addition at 919 Delaware Avenue. Council also acknowledged associated staff reports. Page No. 13 December 6, 2005 Assistant Hollister reviewed the application briefly and stated that both the Planning Commission and city planner recommend approval. Councilmember Vitelli moved adoption of Resolution No. 05 -128, "A RESOLUTION APPROVING A SIDE YARD SETBACK VARIANCE FOR A HOME ADDITION AT 919 DELAWARE AVENUE." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -63, GUESSFORD Council acknowledged an application from Mr. Darrell Guessford and Ms. Yeen C. Chong for a front yard setback variance and sideyard setback variance for a home addition at 1319 Delaware Avenue. Council also acknowledged associated staff reports. Assistant Hollister stated that the addition would still place the house in conformance with the 30 foot minimum front yard setback variance, but they need the variances because of the string rule. Both the Planning Commission and planner recommend approval. Councilmember Duggan asked if the addition is being built on stilts. Assistant Hollister responded that it is not, what exists now is footings. Councilmember Krebsbach asked if the adjacent neighbors have given their approval. Ms. Chong responded that she got approval from all of the neighbors. Councilmember Duggan moved adoption of Resolution No. 05 -129, "A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE AND SIDE YARD SETBACK VARIANCE FOR A HOME ADDITION AT 1319 DELAWARE AVENUE." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -64, DOYLE Council acknowledged an application from Mike and Kathy Doyle for a front yard setback variance for a free - standing sign within the 30 foot front yard setback at 2150 Dodd Road for the Fischerville Coffee House. Council also acknowledged associated staff reports. Page No. 14 December 6, 2005 Councilmember Schneeman asked when Mr. Doyle plans to open the coffee shop and what the hours will be. Mr. Doyle responded that the coffee shop will be from 6:00 a.m. to 8:00 p.m. There will be a small brunch memo. He hopes to open the shop the week of December 19 but needs to complete the fire improvements first. Councilmember Duggan stated that the hours of illumination for the sign are different from other signs if it is restricted to 6:00 a.m. to 9:00 p.m. He has passed by Town Center in the evening and it is well lit up through the night. He noted that the illumination is primarily on Dodd and he is uncomfortable imposing the 9:00 p.m. limitation. Mr. Doyle stated that he anticipates the shop closing at 8:00 p.m., but he feels the area needs to be lit better in a general way. He does not consider a sign to be a light source. Councilmember Duggan stated that Council has typically set 11:00 p.m. as the limitation for churches and other businesses. Responding to a comment from Councilmember Krebsbach about neighbors, Mr. Doyle that there is a home to the north but it is quite a ways away. The house is set back a bit. He does not foresee the lighting being a big issue even if it were on until 11:00 p.m. and in general the area needs lighting from a safety standpoint. After discussion over hours of illumination, Councilmember Duggan moved adoption of Resolution No. 05 -130, "A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR FREE- STANDING SIGN AT 2150 DODD ROAD," with a change to limit the illumination from 6:00 a.m. to 10:00 p.m. from Monday through Friday. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -65, ROPCHAK Council acknowledged an application from Mr. Matthew Ropchak LLOYD'S BARBECUE on behalf of Lloyd's Barbeque for a Conditional Use Permit for an Accessory Structure 1455 Mendota Heights Road. Council also acknowledged associated staff reports. Assistant Hollister stated that Lloyd's has apparently been causing concerns about discharge into the sanitary sewer and has been Page No. 15 December 6, 2005 working with staff and reimbursing the city for maintenance to the lift station. They are proposing an accessory structure with apparatus to filter the waste. The Planning Commission and city planner have recommended approval. Mr. Chuck Morrisette, plant engineer for Lloyd's, stated that Lloyd's gets a lot of grease and fats from the meat into the water system. That is clogging up the sewer lines. Lloyd's has been helping pay for the cleaning out the sewer line between from the plant to the lift station. It has been separated out in the basement and that is too small for the amount of water that comes through the plant now. It will be pumped from the basement to the new building. There will also be a 7,000 gallon grease holding tank so they will be able to skim more of the grease off. The grease will be tracked off site. Councilmember Schneeman moved adoption of Resolution No: 05- 131, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ACCESORY STRUCTURE AT 1455 MENDOTA HEIGHTS ROAD." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-52, ST. PETER'S Council acknowledged an application from Quinn Hutson for CHURCH Saint Peter's Church for Preliminary Plat, Conditional Use Permit for an accessory structure and a variance for the size of the Accessory Structure atl405 Highway 13. Council also acknowledged associated staff reports. Mr. Chuck Hall was present on behalf of St. Peter's. Assistant Hollister informed Council that this is the second part of an application Council already approved. There is a house at the bottom of the hill behind the church. That house historically was the residence of people affiliated with the church. It has not been occupied for many years and the church would like to convert it into a storage facility. Council approved the critical area pen-nit for the physical modifications to the house. One of the conditions of the pennit was that the certificate of occupancy not be issued until all conditions had been met. The conditions included the church applying for preliminary plat, conditional use permit for an accessory structure and the size variance. The plat combines this lot with the church lot. Councilmember Krebsbach asked what will be stored in the building. Page No. 16 December 6, 2005 Mr. Hall responded that seasonal materials that are only used once a year will be stored in the building, as well as gardening tools, etc. Lawn mowers will be stored in cold storage. Gasoline is taken out of them and stored outside. Councilmember Krebsbach stated that there cannot be any storage of gasoline or flammable liquid in the building since the Fire Department cannot get down to the structure. Councilmember Schneeman asked if the insurance policy requires that nothing flammable can be stored in the building. Mr. Hall responded that the insurance company is working with the fire marshal to come up with the policy language. Councilmember Krebsbach stated where Council knows there is a building that does not have adequate access and no turn around, Council should specify that there be no storage of flarmnable liquid or storage containers in the structure. Mr. Hall responded that the church agrees. Councilmember Schneeman moved adoption of Resolution No. 05- 132, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE AT 1405 HIGHWAY 13," as amended to state that there shall be no storage in the building of flammable liquid or containers that have flammable liquid in them. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 MORATORIUM EXEMPTION Council acknowledged a request for an exemption from the REQUEST (OLIN) subdivision moratorium from Mr. & Mrs. David Olin, 1140 Orchard Place. Council also acknowledged an associated memo from the City Administrator. Administrator Danielson stated that at the last meeting, Council adopted a moratorium for single family lot subdivisions for a twelve month period. There were several land owners in the audience who expressed concerns, including the Olins. They asked for an exemption from the moratorium and Council directed them to put the request in writing. Page No. 17 December 6, 2005 Mr. Tom Lehman, attorney for the Olins, stated that they want to follow up on the November meeting. They came to Council on November 15. The staff had indicated in their memo that there were four concerns with regard to infill development and it was unknown that the Olin property was even considered part of the concern raised by the planning staff with respect to infill development. Staff mentioned in the memo that there could be exemptions to the moratorium. The Olins feel their 14 acres does not fit within the four concerns expressed in the memo and the need for a moratorium and have formally requested an exemption. Fourteen acres is a significant piece of property, and the Olins want to be sure to keep in the forefront of the Council that they do not feel Council needs to modify the zoning code. The comprehensive plan states that the city should focus on protecting natural resources, provide infrastructure and develop transition strategies to increase density and encourage infill development. This is a significant parcel of property owned by James Olin and they are looking at it for future uses which they would like to continue to develop. He stated that as a municipal attorney, he is well aware of the pros and cons of moratoriums, but if a moratorium does not fit the needs of everyone involved, there is a need to exempt them from a moratorium. He asked that they be exempted from the moratorium and allowed to continue with whatever plans they have for that property. Mayor Huber asked if Mr. Lehman is anticipating there will be a development proposal coming forth in the near future. Mr. Lehman responded that they are looking at that. They had come before Council about ten years ago with a sketch. There has been a history in developing that land. It did not just come up because of the moratorium. Councihnember Krebsbach stated that the Olins specifically did not want the city to take any action on their sketch ten years ago. Councilmember Vitelli asked why this property does not relate to the reasons the city adopted a moratorium. Mr. Lehman responded that the staff report precipitated a request for moratorium and there were four reasons to look at creating a new zoning ordinance relative to infill developments. Those reasons were conversion from open space to residential, conformity with the neighborhood, inadequate street frontage, and variance requests that were coining forward with developments. He took a look at those criteria and they do not apply to this property. Page No. 18 December 6, 2005 Councilmeinber Vitelli responded that conformity with the neighborhood applies. Mr. Lehman stated that the surrounding neighborhood is all single family residences of varying sizes. The Olins could meet the requirements of the ordinance with the proposed development they were looking at. Councilmember Vitelli stated that this is exactly what Council had concerns about. The surrounding lots are rather large and when one considers the neighboring lots and conformity, this might be proposed to be 15,000 square foot lots which would be considerably smaller than any of the lots in the neighborhood. That is exactly why Council established the moratorium. Mr. Lehman responded that the Olins have talked with their neighbors and have looked at the lot sizes in the neighborhood and feel what they are proposing fits well in the neighborhood. They do not feel there is a need for the city to modify the zoning to increase the lots sizes relative to what they are planning. Councilmember Krebsbach stated that she does not support the exemption. When the Olins brought their drawings to the Council, they specifically stated that they wanted no action at that time. She suggested that Council not grant any exemptions because she does not know where Council would draw the line. Councilmember Vitelli agreed, stating that Council would spend the next three months hearing issues from people who do not want to be included. Mayor Huber stated that while he has reservations about changing the zoning ordinance, he agrees that he does not want exemptions. He encouraged staff to move expeditiously through the process because there are a lot of people impacted by it and would minimize the requests for exemptions. He pointed out that the city planner will come back to Council on January 17 with the information Council requested at the workshop. Councilmember Duggan stated that he was not at the November 15 meeting and would have preferred to delay the moratorium for four or five months and explore the discussion that was held at the workshop. Council needs to know how many legally divisible lots there are and what constitutes a neighborhood, whether it is 350 around a property or 500 or 750 or 1,000 feet around those lots. Ayes: 4 Nays: 1 Duggan Page No. 19 December 6, 2005 Council needs to look at those areas and not just the 350 foot factor. He did not feel enough questions were raised at the workshop and was disappointed that more Planning Commissioners were not present. Councilmember Krebsbach stated at the November 15 meeting that the moratorium gives Council a chance for a fully informed discussion and a larger engagement with the residents on the next stage of residential development. Mayor Huber had stated at a previous meeting that the city got where it is today one lot at a time. He stated that he supports the Olins request. What they may choose to do with their land in the future is up to them. Council must be very careful in trying to establish in advance what the city policies are. Mayor Huber stated that Councilmember Duggan's original request for information on what constitutes a neighborhood was in increments of 5% and about five different footages, which would have been 25 to 30. different permutations. That would be impossible to deal with and would run up consultant costs for no apparent reason. Councilmember Duggan stated that Council could at least look at 60, 70 and 80 %. Mayor Huber responded that staff needs to find out what the related cost would be. Councilmember Duggan stated that he was disappointed in the planner's report. Council needs to have an idea of what impact it has on the property owner and the surrounding areas. Councilmember Krebsbach moved to deny the Olin's request for exemption. Councilmember Vitelli seconded the motion. Councilmember Duggan stated that he would like to ask for more infonnation from the planner. Mayor Huber stated that what Council has said to the city administrator is that Council has seen the request from Councilmember Duggan and he should talk to the planner and get the costs and find out how long it will take to respond. Councilmember Krebsbach stated that if four Councilmembers are comfortable with the information they have, why would Council get Page No. 20 December 6, 2005 the information Councilmember Duggan is asking for if he is basically opposed in principal. Councilmember Duggan asked how the residents can be fully informed and engaged in the discussion if Council does not give them information. Councilmember Vitelli stated that Councilmember Duggan has a good point but asked him to consider getting the information that has been requested of the planner, have the workshop and see what Council finds. Then Council may agree that a couple of other permutations are needed. Councilmember Duggan stated that he has not seen a memo from staff telling Council what the planner is to do. Councilmember Krebsbach stated that she does not think Council should ask for more information than is necessary. Council should hold the first meeting and review the information that was requested and decide if it is in the range Council is going to support and then ask for more information. Mayor Huber stated that what Council asked for was 80% and 350 feet and he can support a couple of variations on that. TAX INCREMENT EXCESS Council acknowledged a memo from Finance Officer Schabacker FUNDS regarding the return of excess tax increment to the county. Finance Officer Schabacker stated that the city's TIF district will decertify in 2007. The city received special legislation in 2000 to spend $4.5 million on Town Center and that has been spent. The only remaining activity that is allowed for the district is payments on the pay -as- you -go notes. Currently there is about $1.6 million in the district. She met with Ehlers and Associates and they recommended that the city return a portion of the excess increment to the county. Once the money is sent back to the county, they will redistribute the money proportionately to the city, county and school district, and there will not be any restriction on the use of the money. If the city does this before the end of the year, the money will be redistributed with the final tax settlement in January. Responding to a question from Councilmember Duggan about how much money the city can anticipate receiving back, Ms. Schabacker stated that she would recommend returning $1 million to the county and the city would get about one -third back. Page No. 21 December 6, 2005 Councilmember Vitelli stated that he would like to better understand all the ways the money can be used without returning it. Ms. Schabacker responded that the only thing that is allowed is payments on the pay-as-you-go notes. In 2000 the city got special legislation for Town Center and that money has been spent. There is nothing else the city can spend the money on. After discussion, Council directed Finance Officer Schabacker and a representative from Ehlers to bring the matter back at the next meeting. COUNCIL COMMENTS Councilmember Krebsbach stated that residents have asked the city to send a letter to the City of Mendota about the new structures on T.H. 13 saying that they adversely affect the green bluff. The residents are asking for an EIS before Mendota approves more of the units. Administrator Danielson stated that signatures from 25 individuals can request an EAW. They have to have a reason for requesting the EAW, and storm water might be a reason. The residents' attorney has asked the city to send the letter relative to storm water. Before he sends that letter, he would like to discuss the matter with the city attorney. Councilmember Krebsbach stated that those structures have the impact of an apartment structure and they plan to eventually do two more, but potentially a total of six, and the green bluff will be gone. She stated that the letter should include a statement that those structures do not allow for any kind of plantings to restore the green bluff. Councilmember Vitelli felt that sending the letter is a good idea. Mayor Huber stated that Mendota would be the RGU, and they would determine if an EAW is needed. They may have to pay for that. If the EAW is done, Mendota will have to decide if an EIS is needed. Councilmember Duggan informed the audience that the city's 50th anniversary celebration will be held on Saturday, June 3. Councilmember Schneeman informed Council that the Lilydale Tennis Club is being sold and that is a big issue for the bluff. She would like the city to send a letter to Lilydale addressing Council's Page No. 22 December 6, 2005 concerns about the slope. If condominiums are built there, it would have a significant traffic impact. Councilmember Duggan stated that he supports sending a letter asking them to keep Council informed and up to speed on what they are doing. Councilmember Vitelli stated that he thinks Council will see continued sale and development all along T.H. 13 and that Council needs to try to keep that from happening. Administrator Danielson gave Council an update on the commission appointment/reappointment process. ADJOURN There being no further business to come before Council, Councilmeraber Vitelli moved that the meeting be adjourned to closed session for discussion of a personnel issue in accordance with the Minnesota Open Meeting Law, Section 13d.05, subdivision 2b. Councilmeraber Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:56 p.m. Kat&en M. Swanson City Clerk ATTEST,-In 9 Jqht\J/H'u r 61,dy'or