2003-11-04 City Council minutesPage No. 1
November 4, 2003
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 4, 2003
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 8:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER Acting Mayor Krebsbach called the meeting to order at 8:00 p.m.
The following members were present: Acting Mayor Krebsbach,
Councilmembers Duggan, Schneeman and Vitelli. Mayor Huber had
notified the Council that he would be absent.
AGENDA ADOPTION
Councilmember Duggan moved adoption of the revised agenda for
the meeting.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
At the recommendation of Acting Mayor Krebsbach,
Councilmember Duggan moved to move item 7f of the agenda to
item 7a of the agenda.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of
the regular meeting held on October 21, 2003.
Councilmember Schneeman seconded the motion.
Ayes: 3
Nays: 0
Abstain: Krebsbach
CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for
the meeting, revised to move items 6f, PAD Program, 6f, lift station
improvements, 6g, computer consultant, and 6j, Mendota Heights
Road parking, to the regular agenda, along with authorization for
execution of any necessary documents contained therein.
a. Acknowledgment of the minutes of the October 28, 2003
Planning Commission meeting.
b. Acknowledgment of the Building Activity Report for October.
Page No. 2
November 4, 2003
c. Acknowledgment of the rescheduling of the Parks and
Recreation Commission meeting for November.
d. Authorization for payment of $3,869.64 to Xcel Energy for the
temporary relocation of overhead power lines on Wagon Wheel
Trail in connection with the Rogers Lake Cross Culvert
improvements.
e. Authorization to increase the amount of compensation for
consulting services to Bonestroo, Rosene, Anderlik & Associates
from $50,000 to $57,000 for the Wagon Wheel Trail/Rogers
Lake cross culvert project, along with authorization for staff to
negotiate a fee structure for Appendix 1 of the consultant
contract with a "not to exceed" compensation amount of
$15,000.
f. Award of a contract for audit services for the 2003 city audit and
the 2003 fire relief association audit to HLB Tautges Redpath,
with the option to extend that engagement for the 2004 audits.
g. Adoption of Resolution No. 03 -107, "A RESOLUTION
APPROVING A MINOR PUD AMENDMENT FOR
ENTERPRISE CORPORATE CENTER."
h. Approval of the list of contractor licenses dated November 4,
2003.
i. Approval of the List of Claims dated November 4, 2003 and
totaling $109,976.84.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
PAD PROGRAM Council acknowledged a memo from Police Chief Aschenbrener
regarding creation of a Public Access to Defibrillator (PAD) program
in the city.
Chief Aschenbrener stated that the program would promote the
purchase and use of automatic external defibrillators accessible to
the public. He and Fire Chief Maczko encourage Council to
consider the program. A PAD committee would assist in placing
AED units and educating the public on what the units are and how to
use them. He and the fire chief would serve on the committee, and �'
Page No. 3
November 4, 2003
they would also like a Council volunteer to serve on the committee.
The defibrillators would be purchased by the places they would be
located at. Health East is working on a grant and will help set up the
protocol and train people on how to use the units and how to do
CPR. Health East has also offered to provide a demonstration of the
units and the program at a future Council meeting.
Councilmembers Schneeman and Duggan volunteered to serve on
the committee.
Councilmember Schneeman stated that she believes the units are
needed in many places in the city.
Councilmember Duggan asked if the high schools have defibrillators
on hand for sports events and if there has been any consideration
given to having a pediatric unit at the elementary schools.
Chief Aschenbrener responded that he believes each of the high
schools has at least one AED and that Henry Sibley High School is
working on a fund raiser to purchase AED's to have on hand at all
sports events. He stated that he can explore the possibility of
pediatric units at the elementary schools with Health East.
Councilmember Vitelli moved to indicate Council's support for the
PAD program.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
LIFT STATION Council acknowledged a memo from Public Works Director
IMPROVEMENTS Danielson regarding Mendota Heights Road lift station
improvements.
Engineer Mogan stated that he is asking for authorization for Barr
Engineering to prepare a design a rehabilitation of the lift station as
an alternate to the new lift station design that was bid last spring.
Both the new design and the rehabilitation design would be bid
together to see if better bids can be achieved. He stated that it is in
the city's interest to have a new station if economics work out, but if
the bidding process does not result in better prices, a decision will
have to be made about rehabilitation. At some point the existing
system will need to be replaced, and having two alternates may give
the city a better price on a new station.
Page No. 4
November 4, 2003
Councilmember Vitelli moved to approve a professional services
contract with Barr Engineering to design the improvements to the f
Mendota Heights Road lift station for a cost not to exceed $29,000.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
COMPUTER CONSULTANT Council acknowledged a memo from the Police Chief and City Clerk
regarding the selection of a computer consultant to prepare a
recommendation on network reconfiguration and hardware and
software upgrades.
After brief discussion, Councilmember Duggan moved to authorize
the Police Chief and City Clerk to select a computer network
consultant and enter into an agreement for consultant services for an
amount not to exceed $3,300.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
MENDOTA HEIGHTS ROAD Council acknowledged a memo and proposed ordinance from Public
PARKING Works Director Danielson responding to a request from Patterson
Dental for a "No Parking Zone" on Mendota Heights Road from the
east side of Paterson Dental's parking lot driveway intersection with
Mendota Heights Road and extending easterly 150 feet.
Councilmember Duggan stated that he totally supports the proposed
ordinance but wants to comment that often when there are two or
three large SUVs at entrances and exits to parking lots, people
cannot see around them. He wondered how the city could go about
adding to the city ordinances so that only compact cars could be
parked at the entrances and exits.
Acting Mayor Krebsbach stated that the proposed ordinance would
restrict parking for 150 feet east of the Patterson Dental parking lot
and that would take care of the problem they have with obstruction
of sight distance.
Councilmember Duggan responded that he is thinking of other areas
of the city where SUVs are parked at entrances to business parking
lots blocking sight lines into and out of the lots. One example would
be coming out of a church parking lot onto a main street. In many
lots, the first parking spot is close to the entrance /exit.
Page No. 5
November 4, 2003
Acting Mayor Krebsbach recommended that people call the city staff
if they know of areas where this is a problem.
Councilmember Duggan moved adoption of Ordinance No. 387a,
"AN ORDINANCE AMENDING TITLE 6, CHAPTER 3,
SECTION 3 OF THE CITY CODE."
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
EAW ADDITIONAL MEETING Council acknowledged a memo from Administrator Lindberg
regarding scheduling an additional meeting to discuss the Bluffs
project EAW in case more time is needed to discuss the issue.
Acting Mayor Krebsbach informed the audience that Council is
considering scheduling a meeting on November 24 should it be
needed for continued discussion from November 18.
Councilmember Duggan moved to schedule an additional Council
meeting for 7:00 p.m. on November 24 for discussion on the EAW
should more time be needed to discuss the issue.
Councilmember Vitelli seconded the motion.
Ayes:4
Nays: 0
CASE NO. 03 -54, ESCHLE Council acknowledged an application from Mr. Louis Eschle for a
conditional use permit and 37 foot rear yard setback variance for an
attached garage at 1844 Dodd Road. Council also acknowledged
associated staff reports. Mr. Eschle was present for the discussion.
Assistant Hollister reviewed the application and the Planning
Commission recommendation. Mr. Eschle currently has an attached
garage and would like to remove it and replace it with an attached
1,300 square foot garage. The city requires a conditional use permit
for any attached garage between 1,200 square feet and 1.500 square
feet. Also, the lot is 400 feet deep and the house is located toward
the rear of the lot. The ordinance requires a minimum rear yard
setback of 30 feet or 20% of the average lot depth, whichever is
greater, and the proposed rear setback of 53 feet requires a variance.
Responding to a question from Councilmember Duggan, he stated
that staff has always interpreted the ordinance such that the average
lot depth is the entire lot not considering the placement of the house.
Councilmember Schneeman stated that she has no problem with the
request and feels it is a good plan and that the lot is beautiful.
Page No. 6
November 4, 2003
Councilmember Duggan asked if a variance is needed since the
existing garage is already into the setback.
Attorney Schleck responded that the existing garage is a legal non-
conforming use and, as such, it cannot be expanded or replaced.
Councilmember Vitelli moved adoption of Resolution No. 03 -108,
"A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND 37 -FOOT REAR YARD SETBACK VARIANCE FOR AN
ATTACHED GARAGE AT 1844 DODD ROAD."
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 03 -54, ST. JOHN Council acknowledged an application from Mr. Gareth St. John, for
Mr. Mike Harrington, the homeowner, for a front yard setback
variance for a front porch addition at 773 Upper Colonial Drive.
Council also acknowledged associated staff reports. The applicants
were present for the discussion.
Assistant Hollister reviewed the application and the Planning
Commission recommendation. The applicant plans to add a porch to
his home. The porch would be set back about 33 feet, 8 inches from
the right -of -way. Since the neighboring homes are farther back from
the street than Mr. Harrington's home, a front yard setback variance
is required.
Acting Mayor Krebsbach stated that the porch seems to be in
keeping with the character of the neighborhood and Mr. Harrington
has received the consent of his neighbors.
Councilmember Schneeman stated that she lives across from Mr.
Harrington and is very happy to see the improvement he proposed to
make to his home as well as the improvements and upgrades that
have been made to other homes in the neighborhood. She stated that
people have been motivated by the recent street improvement project
to improve their properties.
Councilmember Vitelli moved adoption of Resolution No. 03 -109,
"A RESOLUTION APPROVING A FRONT YARD SETBACK
VARIANCE FOR A FRONT PORCH AT 773 UPPER COLONIAL,
DRIVE."
Ayes: 4 Councilmember Duggan seconded the motion.
Nays: 0
Page No. 7
November 4, 2003
CASE NO. 03 -55, KARAS Council acknowledged an application from Mr. John Karas for a five
foot front yard setback variance for a garage addition at 663 Maple
Park Drive. Council also acknowledged associated staff reports.
Mr. Karas was present for the discussion.
Assistant Hollister reviewed the application and the Planning
Commission recommendation. The applicant has indicated that at its
closest point, the addition would be 25 feet from the front lot line.
He stated that he and Public Works Director Danielson visited the
site lat week and took pictures of the home because there was some
discussion by the Planning Commission on how well the addition
would match the house. He showed photos of the property to
Council and the audience.
Acting Mayor Krebsbach stated that one of the questions was how
well the materials on the addition would match the existing structure.
Mr. Karas responded that at one point, the garage was to be all brick
but he decided to keep the first story all brick and the second story
stucco. The house is all brick, and he feels he needs to break up the
garage so that everything is not brick.
Councilmember Duggan encouraged Mr. Karas to research stucco
because there have been many recent problems in terms of it being
air tight.
Councilmember Duggan moved adoption of Resolution No. 03 -110,
"A RESOLUTION APPROVING A FIVE -FOOT FRONT YARD
SETBACK VARIANCE FOR A GARAGE ADDITION AT 663
MAPLE PARK DRIVE."
Ayes:4 Councilmember Vitelli seconded the motion.
Nays: 0
CASE NO. 03-56, EBERHARDT Council acknowledged an application from Mr. Dave Eberhardt for a
conditional use permit for a fence at 2497 Pond Circle West.
Council also acknowledged associated staff reports. Mr. Eberhardt
was present for the discussion.
Assistant Hollister reviewed the application and the Planning
Commission recommendation. He stated that city ordinances require
that there be fences at least five feet tall around all swimming pools.
About two years ago, Council changed the ordinance so that in the
case of corner or through lots, any fences within the 30 foot setback
over 30 inches in height require conditional use permits, therefore
Page No. 8
November 4, 2003
staff advised Mr. Eberhardt to apply for a conditional use permit. He
showed pictures of what the fence would look like.
Acting Mayor Krebsbach asked Mr. Eberhardt if he plans to do any
landscaping around the fence.
Councilmember Duggan stated that there is a ton of landscaping
already there and when that is filled in and grows, the fence will not
be seen. He stated that he looks forward to seeing the fence finished.
He asked if the wrought iron will be black.
Mr. Eberhardt responded that the fence will be black wrought iron
between brick columns and more landscaping will be added.
Councilmember Vitelli moved adoption of Resolution No. 03 -111,
"A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR A FENCE AT 2497 POND CIRCLE WEST."
Ayes: 4 Councilmember Schneeman seconded the motion.
Nays: 0
CASE NO. 03-57, SCHNEIDER Council acknowledged a request from Mr. Terry Schneider for
PUD CONCEPT PLAN concept plan review for a proposed PUD at 2311 Highway 55.
Council also acknowledged associated staff reports.
Assistant Hollister stated that Mr. Schneider met with planning staff
to discuss a concept plan for development at the intersection of T.H.
13 and T.H. 55. He is proposing a residential style office building
for the site. This is a very popular type of office product, and the
closest examples I Mendota Heights are the development on
Lexington Avenue just north of Mendota Heights Road and also City
Hall. This is only a concept plan, and only preliminary discussion by
Council. Council is not required to vote on the proposal. The
Planning Commission made preliminary comments on three issues:
parking, vehicular circulation and impervious surface. He stated that
Mr. Schneider will be meeting with the planner and staff on
November 10 if he gets a favorable response from Council this
evening. Under the city's ordinances, a PUD must have a minimum
of ten acres, but Council may approve a PUD for five acres if they
wish. Mr. Schneider is anticipating acquiring excess MnDOT right -
of -way, which would bring the properly size to just over five acres.
MnDOT does not release property directly to developers, but would
release it to the city which would in return release it to Mr.
Schneider. Everything would be contingent on a developer's
agreement. The question before Council this evening is whether
Council is interested in the style of architecture at this location. Mr.
Page No. 9
November 4, 2003
Schneider has prepared two concept plans for consideration, one that
leaves the full length of Waters Drive as it is, and the other proposes
a vacation of right -of -way that would truncate Waters Drive. It was
staff's reaction that the latter proposal is better because there would
be less road for the city to maintain and more development.
Acting Mayor Krebsbach asked if MnDOT ever plans to consider a
right turn lane on this corner. She also asked if that would affect
Phase I.
Assistant Hollister responded that may be the purpose for which
MnDOT is hanging onto the right -of -way. Staff has not contacted
them. He stated that Mr. Schneider discussed with staff the
possibility of doing the development in two phases, assuming
acquisition of the MnDOT property takes a while. He asked if he
could develop Phase One and then, when the property is acquired,
build Phase Two. Council may want to consider the possibility that
the city may not ultimately be successful with MnDOT and Phase
Two may never be built.
Acting Mayor Krebsbach stated that the property is at the
intersection of two highways and she assumes there is a good reason
MnDOT kept the right -of -way.
Responding to a question from Councilmember Schneeman,
Assistant Hollister stated that the city would pay for the right -of-
way, MnDOT would transfer it to the city, and the city would sell it
to the developer for the same amount.
_ Councilmember Schneeman stated that she visited the site today and
there is a big pond there. She stated that she can see that traffic will
be a major problem. She further stated that she loves the concept.
Acting Mayor Krebsbach stated that the style of buildings proposed
for the development may look like a mismatch with the style of
buildings in the city's industrial area. She stated that she would like
to see something that more closely matches the industrial area. Her
primary concern would be what the use would be at the intersection
of T.H. 55 and T.H. 13.
Responding to a question from Councilmember Vitelli, Assistant
Hollister stated that the property area without the MnDOT right -of-
way is about 3.5 acres.
Page No. 10
November 4, 2003
Councilmember Vitelli stated that if MnDOT does not give up any
land, Council cannot approve the development. ('
Assistant Hollister responded that the ordinance language is strong
that ten acres is a minimum for a PUD and that five acres is the
.absolute minimum, but Council could amend the ordinance. Under
the existing ordinance, it would be difficult to go under five acres.
The existing parcel plus both of the excel MnDOT parcels total 5.6
acres.
Councilmember Schneeman asked if the entire property would be
buildable, since there is a steep drop on it.
Mr. Schneider stated that he represents the company that acquired
the property and will develop it. The purchased it contingent upon
city approvals. The MnDOT piece is the triangular piece, the north
part, and it has already gone through the MnDOT conveyance
approval process for a different applicant. MnDOT has determined
that the land is not needed. He stated that he is confident that
MnDOT will sell it to the city. MnDOT is willing to renegotiate,
and he is confident of acquiring the land. That would be part of
Phase 1, and the total of Phase 1 is 4.65 acres. The cul -de -sac right -
of -way is not included in that acreage. The right -of -way on the
frontage road is different. MnDOT is planning on turning the
frontage road over to the city. It is meant to be a public street for the
city and not a highway. It could take a year to go through the
acquisition process. MnDOT would retain a portion of it for a right
turn lane, and his firm would only be looking for a portion of what is
now the cul -de -sac.
Acting Mayor Krebsbach asked Mr. Schneider whether there would
be adequate space for a right turn lane if he did acquire the right -of-
way for Phase 2.
Mr. Schneider responded that there would be, and he can provide
documentation to the city on that. There would be more than enough
space for a double right turn lane. He stated that when he met with
the city staff, they felt it would not make any sense for the city to
retain all of the right -of -way, and they were very supportive of the
concept of vacating a portion of it for Phase 2. He stated that his
firm has done this type of design in other cities. They would take the
design concept of the character for the area and come back with two
or three concept sketches for what the development would look like.
The occupants actually buy their units. He can evolve the exteriors
with the Council. He stated that the entire property is buildable, but
Page No. 11
November 4, 2003
it is a challenging parcel to work with, which is why he feels the
i residential style buildings are ideal for the site. He stated that he will
work with the owner of the existing industrial property to the south
to expand their pond. The proposed development area has room for
a pond, but the bigger the pond, the better NURP quality it has. He
would propose to expand the existing pond and do substantial
screening. He stated that he would want significant landscaping to
screen the trucks on the property to the south from the view of this
development. He would also like a driveway connection from his
parking lot to the parking lot to the south for the use of people who
will own the offices. That would be a private arrangement, and the
connection would not be for the use of the public coming to the
facility. Mr. Schneider reviewed a handout he had distributed to
Council regarding a summary of project data based on Concept C
(project details versus ordinance requirements.)
Acting Mayor Krebsbach asked if the project is in compliance with
the city's parking requirements.
Mr. Schneider responded that if the provisions for small office
buildings is applied, it is in compliance. Small building criteria is
what the parking for the project was designed for.
Assistant Hollister stated that he and Public Works Director
Danielson are in agreement with the parking, but the city planner has
not yet reviewed it. He stated that it seems reasonable to him to
apply the small office criteria. This is a PUD, and the purpose of a
PUD is for flexibility. As long as the development provides
adequate parking for the people who work there and their clients, he
would rather see grass than blacktop.
Councilmember Schneeman asked if it is possible that the project
would be combined into one large office building, which would
mean more people would park there.
Mr. Schneider responded that if he combined all three of the units,
they would still be under 6,000 square feet and would still have
adequate parking.
Councilmember Schneeman stated that she is thinking of the number
of people who would be working in the building. A combined
building would be a different concept from individual businesses.
She also asked whether any of the proposed residential style
buildings would be two- story.
Page No. 12
November 4, 2003
Mr. Schneider responded that he tool the floor plan and took out the
minimum, amount of unusable area in calculating parking and it
would be adequate. The buildings in the low area will be walk -outs.
Councilmember Duggan stated that he looked at the plan that was
submitted and could not find a third level in the plan, as Mr.
Schneider had indicated.
Mr. Schneider responded that there is a small loft area in the center
unit, which is considered a third level.
Councilmember Duggan stated that he is concerned about the density
proposed for the size of the area. He stated that there was a plan for
eighteen units.
Mr. Schneider responded that plan was an ad lib plan by the city
planner to show what meets circulation, but he could not make that
plan work. He stated that Phase 1 has 19 units.
Councilmember Duggan stated that he prefers concept plan A, which
has the least number of units and more attractiveness. That would
give the development better parking and better traffic circulation. He
stated that the Fire Chief must also look at circulation after Council
gets to a comfortable number of units.
Acting Mayor Krebsbach responded that concept A does not include
the Waters Drive cul -de -sac.
Councilmember Duggan stated that even if it did he would be more
comfortable with that concept.
Mr. Schneider stated that in his current concept plan C, he is
reducing the number of units from 21 in concept A to 19 units.
Councilmember Duggan stated that his main concern is that Mr.
Schneider is trying to cram in more buildings than the space can
accommodate in terms of aesthetics.
Acting Mayor Krebsbach stated that she would like to see what
would apply if this were not a PUD.
Assistant Hollister responded that the property is in the industrial
zone, so the normal industrial zone standards would apply, including
its setbacks. Perhaps there could be a three story office building on
the site. If Council has a feeling they are more inclined towards that
Page No. 13
November 4, 2003
concept rather than the residential style concept being presented,
Council should let Mr. Schneider know that.
Acting Mayor Krebsbach stated that she would like to see a
comparison between the PUD and industrial zoning requirements.
Acting Mayor Krebsbach asked Mr. Schneider if he is putting
forward Concept Plan C, Phase 1 and Phase 2 and not addressing the
other concepts.
Mr. Schneider responded that he is asking Council to consider
Concept C. The others do not meet fire circulation and there are two
fewer units. Then if Phase 2 never happens, he would be fine with
that.
Councilmember Vitelli stated that he is okay with the PUD and the
concept plan and has little concern about parking because if the
number of parking spaces for a project meet the city's requirements,
parking should not spill out onto the neighborhood streets. If
parking does spill out, they would have a problem because there is
no other place to park.
Mr. Schneider stated that he does not see that there would be a
problem.
Councilmember Vitelli stated that if the project does expand and Mr.
Schneider is interested in the use of the Waters Drive property, he
would take the position that the company Mr. Schneider represents
would pay a consideration to the city because the company would be
increasing the floor space of the project. In most cases when Council
vacates city right -of -way, the land is given to the adjoining property
owners. In this case, it is a potential windfall to the developer, and
he would want to make sure that is pointed out to him.
Acting Mayor Krebsbach stated that Mr. Schneider is asking for
Council discussion on Concept Plan C, Phase 1, and he must
understand that Council may never approve Phase 2. Also, should
the right -of -way be needed, and if the city were to vacate Waters
Drive, Council would expect the city to be compensated. She finther
stated that Mr. Schneider should be aware there are some parking
issues of concern and she would want to see a comparison between
the PUD use and industrial zoning requirements for parking and
green space. She would also want to see future plans showing
circulation in and out of Pilot Knob Road and would also want to see
Page No. 14
November 4, 2003
what arrangements Mr. Schneider has with the owners of the former
Johnson warehouse.
Councilmember Duggan stated that he would like to see the density
of Concept 1 and thinks there are too many units between Concept 1
and Concept 2. He is concerned over the potential that in the end
they would be combined into one building because the developer
cannot sell smaller buildings. He stated that he would like to see
what the developer would do and what parking would be.
Mr. Schneider stated that it is a matter of finding out what makes
sense from a density standpoint.
Acting Mayor Krebsbach stated that architecturally the project seems
to be juxtaposed against the warehouse, and she would like to see
something that bridges the two styles of construction.
Councilmember Vitelli stated that since the two highways are highly
traveled, it seems to him that it makes sense to have less of a
warehouse like look. He felt that the residential style would be a
benefit.
Acting Mayor Krebsbach responded that she wants to make sure it
fits with the surrounding architecture and that Council makes sure it
does not look like it is coming out of a different era from what exists.
She would like to see something a little more angular but without a
warehouse look.
Mr. Schneider stated that if his company brings Phase 1 in on 4.73
acres, they would need special approval from Council to allow that
minor variance from the PUD size requirement.
Acting Mayor Krebsbach stated that she wants to see a comparison
for parking and green space between industrial zoning and the PUD
that is being presented.
Councilmember Vitelli stated that 4.73 acres would be fine with him.
Councilmember Duggan stated that the presentation to Council is so
attractive that he would support 4.73 acres.
Attorney Schleck stated that this evening's discussion should not be
construed that the variance would be looked at favorably or that the
development would be approved. He stated that Council is just
giving informal feedback to the developer.
Page No. 15
November 4, 2003
MISCELLANEOUS A member of the audience asked if the discussion on the EAW on
i November 18 is to be a Council discussion or if Council expects
public comments.
Attorney Schleck responded that the public comment period for the
EAW is technically closed. Council is in the period of time when
the city is to prepare its responses to the comments that were
submitted. At the next meeting, Council will likely disclose its
responses to the comments. It is at the discretion of Council to take
comments at that time, but that is not required under the rules or
statutes.
COUNCIL COMMENTS Councilmember Vitelli complimented the Fire Department on its fire
prevention month activities and in particular on the Halloween
Bonfire, which went very well.
Councilmember Schneeman expressed sympathy to Councilmember
Vitelli and his wife on the death of her mother.
Councilmember Duggan recommended that Council re -read the
comprehensive plan and the Bluffs EAW again before the November
18 meeting and asked that staff submit the comments to Council as
soon as possible.
Acting Mayor Krebsbach also commended the Fire Department for
the Bonfire, stating that she worked in the hot dog stand and it was
great fun. The children were very polite and everyone had a good
time.
ADJOURN There being no further business to come before Council,
Councilmember Duggan moved that the meeting be adjourned.
Ayes: 4 Councilmember Vitelli seconded the motion.
Nays: 0
TIME OF ADJOURNMENT: 9:31 p.m.
Ka hleen M. Swanson,
City Clerk
ATTES
a Krebsbach
Acting May