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2003-09-02 City Council minutesPage No. 1 September 2, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 2003 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 The City Council, audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Huber recommended that discussion on the St. Paul Water agreement (101)be moved to an earlier part of the agenda. He stated that he has received a request from the applicant that the discussion on the Burow Pond final plat be moved to immediately follow discussion on the proposed vacation of an easement on the Burow farm property. Councilmember Vitelli stated that moving the St. Paul Water agreement discussion would delay the shorter items for citizens that would like to have their requests taken care of. After discussion, Councilmember Krebsbach moved adoption of the revised agenda for the meeting, further revised to move discussion on the water agreement discussion and Burow Pond final plat. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 1 Vitelli APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on August 19, 2003. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6d, letter regarding HR2115, 6i, f l replacement of engineering van, 6h, budget and levy adoption Page No. 2 September 2, 2003 resolutions and 6j, List of Claims, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 26, 2003 Planning Commission meeting. b. Acknowledgment of the minutes of the July 9, 2003 Airport Relations Commission meeting. c. Acknowledgment of the Building Activity Report for August. d. Approval for a temporary reduction in the City Administrator's hours from eight to five hours per day and temporary salary reduction to $50,000 to correspond with the in- office time reduction. e. Approval for the fire department to conduct a training burn on the Burow farm homestead on September 13. f. Approval of the list of contractor licenses dated September 2, 2003. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 EMI 15 Council acknowledged a draft letter urging the legislature to oppose HR 2115, which would limit noise mitigation funding. Responding to a question from Councilmember Duggan regarding clarification on whether the letter should say "below" rather than "beyond" 65 dnl, Administrator Lindberg stated that she has contacted the MAC for clarification on semantics and will adjust the letter accordingly. Councilmember Duggan moved to authorize Mayor Huber to send the letter to Senator Dayton, Senator Coleman and U.S. representatives Gutknecht, Kline, Ramstad and McCollum, urging them to oppose HR 2115 provisions limiting noise mitigation funding.' Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Page No. 3 September 2, 2003 ENGINEERING VEHICLE Council acknowledged a memo and tabulation of bids received for a truck to replace the engineering survey van that is no longer operational. Councilmember Schneeman moved to authorize the issuance of a purchase to Inver Grove Ford for its low quote of $13,623.00 for the purchase of a 2003 Ford Ranger S -cab truck to replace the engineering department surveying vehicle, Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PROPOSED BUDGET AND Council acknowledged proposed resolutions to adopt the proposed LEVY budget for 2004 and the proposed levy collectible in 2004, and a proposed resolution approving the final tax levy for Special Taxing District No. 1. Mayor Huber informed the audience that Council met with the City Administrator and departments in a budget workshop last week. What Council is doing tonight is adopting a tentative tax levy. The actual levy adoption will occur in December after the truth in taxation hearing. By the action being proposed tonight, the city tax would decrease on a $250,000 house (if there were no valuation adjustment). Councilmember Krebsbach moved adoption of Resolution No. 03- 75, " REOLUTION ADOPTING PROPOSED BUDGET," Resolution No. 03 -76, "RESOLUTION APPROVING TENTATIVE 2003 LEVY COLLECTIBLE IN 2004," and Resolution No. 03 -77, "RESOLUTION APPROVING FINAL 2003 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2004." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CLAIMS LIST Councilmember Schneeman informed the audience that the claims being paid this evening include a payment of $39,000 for play equipment at Hagstrom -King Park. Even though funding is tight, the city is maintaining its parks, and the new play equipment has been very well received. Councilmember Duggan moved approval of the list of claims dated September 2, 2003 and totaling $118,126.57. Page No. 4 September 2, 2003 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Les Kapoun expressed appreciation to Council, on behalf of the Hilltop neighborhood, for Council's decision on the recent request for variance at 1850 Arvin Drive. HEARING: BUROW POND Mayor Huber opened the meeting for the purpose of a public hearing EASEMENT VACATION/ on the proposed vacation of drainage and utility easements located BUROW POND FINAL PLAT on the Burow farm property. Council also acknowledged a request for approval of the fmal plat for Burow Pond, along with associated staff reports. Mr. Dan Tilsen was present on behalf of Burow Pond LLP. Public Works Director Danielson stated that the city had a public easement around the Burow pond related to an elevation, which is unusual. The developers of Burow Pond have platted a new easement to replace the elevation type easement. In order to avoid having two easements, a public hearing has been advertised and staff is recommending vacation of the storm water and utility easement that was described to an elevation. Councilmember Krebsbach asked why the city should give up the easement. Public Works Director Danielson responded that the easement was to store water. The city storm sewer empties into the pond and it raises in a 100 year storm up to the protected elevation. The new plat has a firm line easement. Mr. Tilsen stated the existing easement document is unusual in that includes several different easements, including storm water and pond access. His surveyor and the county surveyor would like that document to go away and be replaced by the easements that are shown in the plat. The sanitary sewer is stubbed to the property and will go along the rear part of the lots. In order to provide cover for the sewer, the grade must be raised along the rear. That will encroach into the 863 contour that is currently within the existing easement. The storm water storage area will be enlarged, by creating two depressions, consistent with the preliminary plans to increase the quality of the water that goes into the pond. There being no questions or comments from the audience, Councilmember Duggan moved that the hearing be closed. j Ayes:5 Nays: 0 Ayes: 5 Nays: 0 Page No. 5 September 2, 2003 Councilmember Schneeman seconded the motion. Councilmember Duggan moved adoption of Resolution No. 03 -78, "A RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Schneeman seconded the motion. Public Works Director Danielson stated that staff has been working with the county and the developer to get the driveway access permits approved. The county rejected the request but said that Victoria Road has been designated as a turn back road and they directed their staff to prepare the documents necessary for turnback. The turnback has occurred at the county level and the city is waiting for the official documents. Once that occurs, the city can approve the driveways. The plat shows seven driveways on Victoria. Sanitary sewer will need to be extended from the north end of the property south through the seven lots to provide sewer service to the lots. The developer has petitioned the city for the improvement. Councilmember Krebsbach asked whether there will be a requirement, particularly on Lot seven; about people backing out onto Victoria, so that safety is improved. Mr. Tilsen responded that he has not shown that people must put in t- driveways. Each of the homes will be designed by the individual buyers, and he was thinking of encouraging them to give serious consideration to their driveway design. Councilmember Krebsbach stated that she would like to see at least Lot 7 encouraged to have a turn around area or something because the stand of trees along the lot line could end up to be a sight safety problem. She would like some requirement that would enable the home owners and their guests to avoid backing onto Victoria. Public Works Director Danielson responded that the developer's agreement could be amended. Councilmember Vitelli stated that he opposes the requirement and does not want to place the requirement on the new home owners. He stated that future home owners will use their common sense. Councilmember Schneeman stated that she does not want to design the driveways for the new homeowners. Ayes: 4 Nays: I Vitelli Ayes: 5 Nays: 0 Ayes: 4 Nays: 1 Vitelli Page No. 6 September 2, 2003 Councilmember Vitelli pointed out that Council could require a stipulation in the developers agreement but people would still have the choice to back out. Councilmember Krebsbach felt that it would not be too onerous to require the driveway for Lot 7 to be configured so that the driver can drive out. That also avoid the potential that the home owner on the corner would be pressured to take down his trees to create more visibility. Councilmember Krebsbach moved adoption of Resolution No. 03- 79, "RESOLUTION APPROVING FINAL PLAT FOR BUROW POND," with the stipulation that Lot 7 have a driveway configured so that the homeowner can drive out rather than back out. Councilmember Duggan seconded the motion. Councilmember Vitelli stated that he voted against the motion because he does not believe Council should get into the business of dictating how people design their driveways or the colors of their roofs or siding. Councilmember Duggan moved adoption of Resolution No. 03 -80, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR BUROW POND." Councilmember Schneeman seconded the motion. Councilmember Duggan moved approval of the developers agreement for Burow Pond, amended to add a stipulation that Lot 7 have a driveway configured so that the homeowner can drive out rather than back out. Councilmember Schneeman seconded the motion. Councilmember Duggan moved adoption of Resolution No. 03 -81, "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT; ORDERING OF IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER AND STORM SEWER CONSTRUCTION TO SERVE BUROW POND (JOB NO. 200307, IMPROVEMENT NO. 2003, PROJECT NO. 1." Councilmember Schneeman seconded the motion. Page No. 7 September 2, 2003 Ayes: 5 Nays: 0 BID AWARDS Council acknowledged memos from Parks Project Manager Kullander regarding bids received for resurfacing the Wentworth Park tennis courts and for trail maintenance and installation of a new trail section in Hagstrom -King Park. Councilmember Schneeman asked if it would be better to delay the tennis court resurfacing until spring. She was also concerned about the condition of the fencing around tennis courts and Council has to think about replacing fencing. Mr. Kullander responded that the contractor would like to get the crack sealing and routing /milling of the cracks done this fall and would do the balance of the resurfacing work in the spring. He stated that the fencing at this site has been inspected and is in good structural condition. Councilmember Krebsbach moved to award the contract for Wentworth Park tennis court resurfacing to Dermco- LaVine Construction Company for its low quote of $10,424.50. Councilmember Schneeman seconded the motion. 1 Ayes:5 Nays: 0 Parks Project Manager Kullander briefly reviewed his memo regarding the trail improvements. He stated that the project was broken into three components: removal of tree roots in six areas; put in an access trail in Hagstrom -King Park to the new play area; and, resurface all the trails at Mendakota Park. Because the resurfacing of the Mendakota trails has not been done before, staff was not familiar how to bid it in such a tight area. There are about 1.25 miles of trail in the park and the bids came in about $5,200 higher than estimated. Councilmember Krebsbach asked how these trails were selected since there are other trails that are in bad shape. Mr. Kullander responded that the parks department maintenance staff recommended Mendakota because they thought it is the highest priority. Councilmember Schneeman moved to award a contract to Pine Bend Paving in the amount of $28,400, $25,200 from the parks maintenance budget and $2,900 from the special park field, to cut Page No. 8 September 2, 2003 and remove tree roots and patch the trail at three locations in the city, . to construct a new 190 foot trail section in Hagstrom -King Park, and to make repairs and overlay approximately 6,300 lineal feet of trail at Mendakota Park, subject to funding being available in the Park Department. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 50th ANNIVERSARY Council acknowledged a memo from Administrator Lindberg regarding the city's 50th anniversary. Mr. Bill Wolston was present for the discussion. Mayor Huber stated that Mr. Wolston has been very involved in preparing historical books, including a book commemorating the fire department's 50th anniversary.. He stated that Mr. Wolston is interested in putting together a book for the city's anniversary and has encouraged the city to begin the project of preparing for a celebration and publicize that the community is going to have a 50th anniversary celebration. Mr. Wolston stated that he was involved in the Dakota County anniversary in 1999 and the book just came out this year. The purpose of this is not as much to produce a book but to gather information and to set up a committee to gather information that can be used in various ways. Councilmembers Schneeman and Krebsbach stated that they support beginning to prepare for the anniversary. Councilmember Vitelli stated that he is supportive of starting the process now and having Mr. Wolston lead it. Mr. Wolston's work on the Dakota County Historical Society periodicals and the county book. He stated that the city is lucky to have Mr. Wolston available to lead the effort. Councilmember Duggan suggested that Council be given a six month or quarterly update on the progress being made. Councilmember Krebsbach asked if the city would be doing fund raising. Mr. Wolston responded that the idea is to cover the bases as well as possible and a six month update would be fine. He stated that residents would be given the opportunity to contribute, but he is of Page No. 9 September 2, 2003 the firm opinion that if Mendota Heights wants a book, then the city should back it up. At this point, the process is to gather people together. There are two types of history books, one by decades, and the other interesting stories. Councilmember Duggan stated that the city newsletter could be used to solicit stories from residents. Administrator Lindberg.stated that she will advertise for volunteers interested in serving on the committee in the local newspapers, and the city newsletter and website, and staff will work with Mr. Wolston on that effort. WATER AGREEMENT Council acknowledged a memo from Administrator Lindberg regarding discussion of the St. Paul Water agreement. Mayor Huber stated that Council has received this evening the current draft of a possible new agreement with St. Paul Water, and comments from Administrator Lindberg about four or five changes that need to made to the agreement and where discussion is with St. Paul water on those points. He. suggested that Council review the material and gather their questions and comments on it, and that there be discussion on the matter in two weeks. Another piece of information presented by staff this evening was a study that was done by SHE in the mid 1980's about wholesale water. He stated that whether one likes the content of the agreement, the city attorney and St. Paul Water have worked on the agreement and made it much better than agreements other cities have. He asked for comments from the audience. Mr. Jim Losleben, 815 Hazel Court, and a former Councilmember, distributed a memo to Council from former Councilmembers Cummins, Hartmann, Smith and Losleben, and former Mayors Lockwood and Mertensotto. He stated that as former elected officials, they are concerned about what will happen with the city's assets and infrastructure and want Council to look further into it. They ask Council to make the process such as they will seek outside expertise to look at the infrastructure and what its value is. Also, the original agreement states that if the city wanted to buy parts of the system from St. Paul Water, Mendota Heights would have. to buy them at the depreciated value. He questioned why St. Paul does not have to buy the city out at the depreciated value. That is a major issue of concern. There has been some concern that the system is getting old, but other cities have watermains that are 100 years versus the 40 year old Mendota Heights system, so anticipation of a Page No. 10 September 2, 2003 lot of maintenance is not realistic. He stated that another option that should be looked at is for the city to consider becoming a wholesale buyer of water, which could result in reducing rates 30 %. The city got backed into this with the issue of replacing the Freeway Road watermain, but the city has a lot of money in the water tower fund. He stated that with the Mayors he was on Council with worked hard to get unanimous consensus on major issues, and the vote on the water system transfer was three to two. He felt the decision should be unanimous. He encouraged Council to explore all options and seek the expertise of experts in making the decision on this issue. Mayor Huber asked if Mr. Losleben likes the current agreement the city is working under. Mr. Losleben responded that he does not. Mayor Huber stated that when Council first started talking about changing from the current agreement, he recalls that he asked himself why Council wanted to take on the issue because the current agreement has been in place for a long time. After he started looking at the agreement he felt that something did not add up. Some of the initial reaction from the community was the same as his. He stated that while there may not be an agreement on where the city should go to, there is an agreement forming that the current agreement is not what is best for the community. While there may not be consensus on what to move towards, there is consensus that something must be done. He stated that Council appreciates everyone's input in the process and wants full, open and honest Council discussion on the issue as the process goes on. He stated that when Council agreed to go through with the Freeway Road watermain, that was not something that was driving the water system transfer. Council understood that was an option but that Council could also stay with the current agreement. He encouraged everyone to trust the process. CASE NO. 02 -23, BOLTON Council acknowledged a memo from Assistant Hollister regarding continued discussion on a request from Mr. Greg Bolton that Council consider the proposed maple red blend roof color for 780 South Plaza Drive (Boltz's Tae Kwon Do) to be an earth tone color, and to grant permission to change the exterior of the building addition from wood and brick to aluminum siding. Mr. Bolton was present for the discussion. Mr. Bolton presented samples of the proposed roof and siding. He also showed pictures of the existing building. He stated that his Page No. 11 September 2, 2003 intent is to match the color of the roof to the brick on the original building and have a continuous match of color on the building. Councilmember Vitelli moved to authorize the Code Enforcement Officer to accept the roof color and the aluminum exterior for the addition. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -41, CITY Council acknowledged a memo from Assistant Hollister regarding OF MENDOTA HEIGHTS the city's application for conditional use permit and wetlands permit for fishing improvements to Rogers Lake. Council also acknowledged associated staff reports and letters from Mr. & Mrs. Jim Dietz, 2226 Rogers Court and from Ms. Rita Lahtonen. Assistant Hollister stated that Mr. Clifford Timm has offered the city a considerable amount of money to the city to make fishing improvements at Rogers Lake. When the engineering staff analyzed the offer and what Mr. Timm would like to accomplish, they found a convergence of interest in what Mr. Timm wants, what the DNR wants and what MnDOT wants with respect to Wagon Wheel Trail. It was determined that if the city goes forward with Mr. Timm's proposal, it would be a good opportunity to address other issues related to the road. Staff prepared applications for conditional use permit and wetlands permit. The conditional use permit is for more than 400 cubic yards of fill, and the wetlands permit is needed because Rogers Lake is a wetland. Parks Project Manager Kullander presented the application to the Parks and Recreation Commission and the Planning Commission. He stated that several Wagon Wheel Trail residents were present at both meetings. The Parks and Recreation Commission recommended that if Council approves the project, there should be a path along that stretch of Wagon Wheel Trail. The Planning Commission voted three to one to recommend denial of the conditional use and wetlands permits. They appeared to be convinced by the residents that the project would be out of character with the neighborhood. Parks Project Manager Kullander informed Council that staff met with the city's consultants after the Planning Commission meeting and looked at .the .section that. was being proposed — which would have been wide enough to accommodate any design Council might come up with. Hearing the concerns about the size of the boulevard area, staff looked at the section to see how it could be reduced. Staff looked at the two most recent MSA projects, Lake Drive and Page No. 12 September 2, 2003 Decorah Lane, and both of them were reduced from MSA needs to what was actually needed. Staff then looked at trimming the amount of fill to accommodate two lanes of traffic, one parking lane for about 500 feet and an off - street trail on the north side. The amount of fill that would go into the culvert area would extend the lakeshore about 19 feet out from where it presently is. The soils investigation that was done as part of the engineering study revealed that there is a seam of peat about six feet deep on both sides of the lake, and underneath the roadway it is about three feet deep because of the compression from the roadway. Part of the project was to place a surcharge of fill two or three feet higher than the final roadway design to allow for settlement, and let the material compress and stabilize for two or three years before the street project is intended. If the material is placed now, once it reaches its compression it will stay there, and a street project could be done then or in five years or ten years. Councilmember Vitelli stated that the project came about because Mr. Timm wanted to enlarge a culvert to allow fish to move between the two lakes. The project has become larger and there are residents who don't want the city to do the bigger project. He asked whether the city could just put in a bigger culvert to satisfy the desires of Mr. Timm through his generous donation. Mr. Kullander responded that a larger culvert placed on unstable soils on both sides could settle and crack. The bedding must be stabilized with piling to get down through the peat so there is enough bearing to hold the culvert steady so it does not sink. The consultants are recommending that piling be put in. Responding to a question from Councilmember Schneeman, Mr. Kullander stated that this project was just to replace the culvert, put the soils in and redesign the "s" curve but not build it. If the city wants MSA funds to pay for a future improvement project, the project will need to be redesigned to meet MSA standards. By redesigning the curve and showing MnDOT what it will look like, they will allow the use of MSA funds. Councilmember Krebsbach stated that she did not feel the roadbed should be disturbed for the purpose of taking care of the fish. If the city does anything disturbing the roadbed, it either becomes a major reconstruction or it is left alone. There are cities around Lake Minnetonka that could have built four lane roads around the lake years ago but have not. She stated that as long as there have not been accidents, she did not think the city is able to use Mr. Timm's C Page No. 13 September 2, 2003 . gift for the purpose he intended. This is more about changing the road than opening the culvert. Councilmember Vitelli agreed, stating that if the city cannot simply install the larger culvert, the project gets too large and Mr. Timm should be told it can't be done. Councilmember Schneeman stated that she feels badly for the people who live along the lake because the quality of the lake is deteriorating. She suggested that the residents form a lake association and something should be done to improve the lake quality. This project would have been a first step of getting some life into the lake, but it would be a waste of Mr. Timm's money if it is not used the way he wants it to be used. Responding to a question from Councilmember Duggan, Mr. Kullander stated that MSA will fund most of the cost of the project as long as the city is progressing towards getting to the urban section that MSA desires. Councilmember Duggan stated that Council needs a better understanding of the cost involved before spending any more money. He asked if Council chooses at this time to stop and take it up again in two years, will MSA work with the city. Mr. Kullander responded that he does not have an answer to that question. He stated that Mr. Timm's money could be used to replace the culvert, but the consultants have stated that without pilings it will fail because of the poor soil conditions. Right now, the project is a roadbed preparation and drainage project. Mayor Huber stated that-some of the concerns that were expressed at the Planning and Parks Commission meeting were that if the fill is put in there may be a consequence that it expands the fishing and/or parking area and that was a concern of the neighborhood. There is the issue that the lake could be dredged to make it deeper, with a DNR permit, and there is the issue of putting in a bigger culvert because it is the right time to do it. There is also the issue of putting in the fill for the possible future re- engineering of Wagon Wheel. What he heard from Mr. Kullander this evening is that even if the widening or changing of Wagon. Wheel is forgotten, there still must be fill brought in so that the culvert does not collapse. Page No. 14 September 2, 2003 Public Works Director Danielson responded that if the culvert is installed, pilings must be put underneath it to hold it up or it will sink. Mayor Huber stated that there is the issue of putting more fill in, with the thought being that if Wagon Wheel is going to be redone in the future, the fill should be put in and settle. There is also the matter of a culvert, and unless there is a way to support it, it will collapse. There is also the whole issue of dredging the muck to make the lake deeper so the fish have higher survivability during the winter. Mr. Kullander responded that at one time there was consideration of putting in fishing stations and excavating potholes for them. The DNR has advised the city to put in the culvert and dig a two foot hole at each end of the culvert. The only places the DNR wants the city to do excavation in the lake is those two areas and where part of the sunken roadway will be removed. Councilmember Schneeman stated that her thought is to put the culvert in and dig out the muck, but not have any fishing stations there because it is dangerous. She felt there should be no parking signs put up on both sides of the street. There is plenty of parking and the fishing pier in the park. Her thought is that Mr. Timm wants to make fishing more enjoyable for the children but she did not think it matters to him where they fish from. Mr. Kullander responded that Mr. Timm fishes near the culvert with his friends, *and he wants fishing everywhere possible. He stated that the culvert could be put in with pilings but without additional fill. The pilings would be an acceptable expense from MSA. Fill would need to be brought in two to three years before the street is reconstructed. Councilmember Krebsbach was concerned about destabilizing Wagon Wheel. The issue is about the fish going through the culvert. She was concerned that if it is dug up, it would destabilize the road. Mr. Kullander stated that the excavation would be to remove the old culvert and dig just enough dirt to place the new culvert on it. Before that is done, the pilings would be installed. Mayor Huber reviewed the options. Installing the culvert would solve the issue about the fish getting back and forth and there would be a culvert which would be the right size and have the right support Page No. 15 September 2, 2003 for the ultimate reconstruction of Wagon Wheel. To the eye, the road would be the same as now, there would be a bigger culvert and the fish issue would be taken care of. Pilings would need to be installed for the ultimate extension of Wagon Wheel and the cost could be paid by MSA. Mayor Huber asked for comments from the audience on this concept. Mr. Paul Dreelan stated that he feels what Council is now talking makes sense. It can be done without removing a lot of trees or tearing up the road. Mr. Scott Miller, 1021 Wagon Wheel Trail, stated that he feels Council is going in the right direction. He felt there will still be some problems with the "s" curve, especially in the spring when there are families with small children fishing there. He is familiar with surcharging and removal of bad soils. A method of compaction the city may want to explore is geo piers as an alternate to piling. To put the culvert in to improve fish movement is a good idea if there is something that can be done to draw the fish to the other end of the park so people go to the park to fish rather than along the road. Mr. Richard Bebel, 1011 Wagon Wheel Trail, supported the i proposal. He stated that the road is not a good place for fishing and creating fishing areas there is not a good idea. He stated that there should be no parking in the area — people should go to the park to fish. He stated that the fish are by the culvert now and wondered if the fish will be killed in the construction process. Mrs. Mary Bebel, 1011 Wagon Wheel Trail, stated that she is interested in preserving Wagon Wheel. It does not need to be four lanes and a 60 foot culvert is needed. Toilets along the road to accommodate fishermen are also not needed. She did not want to see road improvements or curb and gutter and did not feel it would make her property look better. People who want to fish should go to the park. She wanted something done to get the people off the street, stating that the area is a mess because of people fishing along the street. Mayor Huber stated that nothing being proposed tonight would make the road wider nor. does ,it _try to smooth out the "s" curve. The road will look the same except there will be a bigger culvert and work will be done on the lake bottom to help fish get through. Dirt will not be put into the lake to expand the lake shore or create areas for Page No. 16 September 2, 2003 people to fish. It is more of a targeted project than was discussed at the commission meetings. Councilmember Krebsbach noted that the pilings will be extended beyond the roadbed because MSA would not just put pilings under the existing roadbed, and that would be the initial step towards reconstruction. She stated that no matter what Council decides tonight, she feels there should be no parking on either side of the street. Councilmember Schneeman agreed, stating that she would love to see more people use the pier in the park and parking in the park rather than fishing from the road. It is a long way from where the culvert is to the park. Mayor Huber responded that the police department should be directed to look into the safety issue. Councilmember Duggan stated that the police chief should also look into methods of slowing down the traffic. Mr. Kullander stated that if Council approves something tonight, he will contact the consultants tomorrow and ask them to prepare a-plan for just replacing the culvert to its approximate current length (64 �. feet) and put in pilings for that and 20 feet of additional pilings for the future and to do no filling at.,this time, but to do the excavation for removal of part of the sunken roadbed and pools at each end of the culvert for scouring. Funding would be from MSA and the donation from Mr. Timm. Councilmember Duggan moved that the project as described by Mr. Kullander go forward. Councilmember Schneeman seconded the motion. Councilmember Vitelli stated that there is always a risk in going ahead based on a verbal description of a project. He asked if Council will review this again. Mayor Huber stated that Council needs an update in two weeks. Mr. Kullander responded that would jeopardize tlae timeline. The city has to file for a permit from the DNR which requires a minimum of a thirty day comment period, and -a normal turnaround time for a permit is 45 to 60 days, and staff also needs to go out for bids. Staff would like to be able to go to the DNR for the fill permits based on VOTE ON MOTION: Ayes: 4 Nays: 1 Krebsbach Page No. 17 September 2, 2003 the future project because once the permit is in hand the city does not need to go through the whole process with them again. The project will entail the culvert, the pilings that will go underneath it and two foot holes at each end of the culvert, and removal of a portion of the sunken roadbed. The city will need to acquire right -of -way from three property owners. The only disruption in the trees will be around where the culvert is and opening enough area for the equipment to get through. Councilmember Vitelli would like that description to be in the motion and would like to add a friendly amendment to clarify that the project will not cost the city any money and another amendment to make Wagon Wheel no parking on both sides. Mr. Kullander stated that there currently is no parking for a specific area on one side of the road and then stops. If parking is stopped through the roadway, people who fish there will park on either end of the curve area. Mayor Huber recommended that the police chief take a look at the situation and make a recommendation. Councilmember Vitelli stated that he has fished there and it is terrifying with all the children there. When they catch fish, they get excited and run into the street and it is very dangerous. Councilmember Krebsbach stated that she will not vote in favor of the motion because she feels Council is mixing two things, but that if Council is going to do something, this is a reasonable proposal. Mr. Kullander stated that he will meet with the consultants, go to the DNR for permits, acquire the right -of -way and come back next meeting with a recommendation on parking restrictions. Councilmember Schneeman stated that she would also like some signage to direct people to the park and pier. CASE NO. 03 -42, ST. MARTIN Council acknowledged an application from Mr. William St. Martin for a ten, foot front yard setback variance to allow a garage addition at 1933 Crown Point Drive. Council also acknowledged associated staff reports. Page No. 18 September 2, 2003 Assistant Hollister stated that Mr. Martin would like to add a third stall to his attached garage and the Planning Commission has recommended approval. It was noted that the property is an odd - shaped lot that presents a hardship and that all of the neighbors support the variance request. Councilmember Schneeman moved adoption of Resolution No. 03- 82, "A RESOLUTION APPROVING A 10 -FOOT SETBACK VARIANCE FOR A GARAGE ADDITION AT 1933 CROWN POINTE DRIVE." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -43, STOVEN Council acknowledged an application from Mr. Dan Stoven for a variance from the maximum square footage allowed for a garage, maximum height of a garage door, maximum allowable garage doors and maximum height of a garage in order to allow for construction of a RV garage to be attached to the existing garage at 825 Bluebill Drive. Council also acknowledged associated staff reports. Assistant Hollister stated that the ordinance allows a 1,200 square foot attached garage as a permitted use, and from 1,200 to 1,500 square feet as a conditional use, and anything above 1,500 square feet requires a variance. After the proposed addition, the garage would have 1,604 square feet. The added portion of the garage would have a much larger door and roof line than the existing garage in order to accommodate a recreational vehicle. Mr. Stoven stated that he would like to build a garage for his RV because the sun is deteriorating it. He also has petitioned all of his neighbors to see how they feel about it and had no opposition to it at all. The Planning Commission told him he cannot have more than two garage doors, but many garages have more than two doors: three single garage doors are scattered all over the city. If the square footage of the addition is an issue, he could make it narrower by 21/2 feet which would bring it down to about 1,500 square feet. He stated that he meets all the setbacks and there is an arborvitae barrier on the west side. The RV sits on an existing slab and there is about five feet between that slab and the arborvitae. Regarding the door height, Councilmember Duggan noted that the city didn't look at the zoning ordinance in relation to the RV ordinance since the zoning ordinance allows only a nine foot garage Page No. 19 September 2, 2003 door, which automatically eliminates most RVs being stored in a garage. Councilmember Vitelli stated that the Planning Commission only discussed the size variance. Mr. Hollister responded that in the conditional use permit section of the ordinance, it says an attached garage between 1,200 and 1,500 square feet shall require a conditional use permit and shall conform to standards including a 9 foot door height maximum and no more than the equivalent of three single doors or one single and one double door. The planner interprets the ordinance as requiring a variance to those requirements as well. Councilmember Krebsbach stated that she feels Council should stick with the ordinance. She did not see a hardship. The ordinance does allow for storage of RVs and Mr. Stoven is asking for a deviation for the size and garage door. Mr. Stoven showed Council mock -up drawings of what the addition would look like. He designed the addition to look like the front of his house. Councilmember Duggan stated that he visited with Mr's. Stoven yesterday. He asked if they had thought about moving the addition over to where the single garage door is and adding windows to the doors in the front to make it look more like a house. He stated that it is a sizable lot and all the neighbors are in favor of the proposal, but the garage would be larger than the house and he believes the ordinance does not permit that. He suggested that Council wait for a couple of weeks to allow Mr. Stoven to come back with a plan eliminating the existing single garage and replacing it with the proposed garage, which would look better architecturally. Mr. Stoven responded that he has a workshop at the back of the existing garage and he needs that space. Councilmember Vitelli stated that he does not think the city should be cluttered with these structures and he would not know how to say no to the next person, and also, it is too big. Mayor Huber agreed and stated that he does not see a hardship. Councilmember Krebsbach moved to deny the requested conditional use permit and variance. Page No. 20 September 2, 2003 Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Attorney Schleck stated that staff will prepare a revised resolution for adoption at the next meeting. CASE NO. 03 -44, Council acknowledged an application from Cliff Kirchner for KIRCHNER a six foot front yard setback variance to allow a garage addition at 737 Cheyenne Lane. Council also acknowledged associated staff reports. Assistant Hollister reviewed the application and the Planning Commission recommendation. Mayor Huber stated that the hardship is that is identified is that the lot is smaller than a standard lot size in Mendota Heights. Councilmember Duggan stated that he thinks it will be an excellent improvement and the variance is in keeping with other variances that have been granted in Friendly Hills. Councilmember Duggan moved adoption of Resolution No. 03 -83, "A RESOLUTION APPROVING A SIX FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 737 �. CHEYENNE LANE." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -45, DAKOTA Council acknowledged an application from Dakota Communities COMMUNITIES for a front yard setback variance for a dumpster enclosure at 2031 Victoria Road. Council also acknowledged associated staff reports. Assistant Hollister stated that the Planning Commission recommended approval of the variance with a condition on landscaping. Ms. Georgette Peterson, representing Dakota Communities, stated that the Planning Commission asked for trees to beautify the area, and Dakota Communities will accommodate that. The enclosure will be. gray block and will look like landscape block. Councilmember Krebsbach asked where the enclosure will be in relation to 1939 Twin Circle. Page No. 21 September 2, 2003 Assistant Hollister responded that the duimpster will stay where it is now. Responding to a question from Councilmember Duggan, Ms. Peterson stated that there will be two dumpsters in the enclosure. Councilmember Vitelli moved to adopt the Planning Commission's recommendation for approval of the variance. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03- 46,.KRENIK Council acknowledged an application from Andrew Krenik on (FOR AMB) behalf of AMB for a variance for an additional monument sign at 21360 Pilot Knob Road. Council also acknowledged associated staff reports. Mr. Krenik and Ms. Amy Malchior were present for the discussion. Assistant Hollister reviewed the application and Planning Commission recommendation. The zoning ordinance only allows one free standing sign per commercial or industrial properties, and there is already one sign on the property. Mr. Krenik showed photos of the proposed location of the sign and a rendering of the site plan. Ms. Melchior stated that the Pilot Knob Business Center is an 1- shaped property and Pilot Knob Road is on the west side of the building and is the main drive into the property where there is an existing pylon sign. A significant tenant has moved out of the building and AMB is subdividing it to retenant the property. There is a dead corner that is about 95,000 square feet of space that does not have any visibility or access from the Pilot Knob side. AMB got a building permit to upgrade the back side of the building and try to upgrade the look of the building by putting in glass and taking off dock doors to give the building more of an office look. AMB would like a sign that would provide some visibility and direction and some of the softer elements of signage to give people a sense of an office look to the building and a little more of a corporate identity that it is not the back of an industrial building. They will also improve the landscaping. . Councilmember Vitelli stated that he will support the request because of the reasons given by the Planning Commission. In this Page No. 22 September 2, 2003 case, because of the need to indicate the building's location on two different sides of the building, the request makes sense. Councilmember Vitelli moved adoption of Resolution No. 03 -84, "A RESOLUTION APPROVING A VARIANCE FOR AN ADDITIONAL MONUMENT SIGN AT 2360 PILOT KNOB ROAD." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -47, LCS Council acknowledged an application from the LCS Corporation for a 24 foot front yard setback variance for a building addition at 1480 Sibley Memorial Highway. Council also acknowledged associated staff reports. Ms. Susan Stotts and project architect Mr. Russ Karasch were present on behalf of LCS. Assistant Hollister reviewed the application and Planning Commission recommendation for approval. He stated that LCS attempted a similar addition in 1998 and was denied. At Chair Lorberbaum's request, staff has provided Council with the meeting minutes from the last discussion. Mr. Karasch stated that there are currently 19 presses inside the building and there are 37 employees. Ms. Stotts also owns a larger press in Wisconsin and would like to move it to her building in Mendota Heights and add two additional presses and approximately 20 new employees. Parking meets city requirements. There are 63 spaces now and there is room for more. The addition will have a stucco finish, and the base is rock face block. There is gravel where the proposed parking area will go. People continue dumping washers, dryers, cement, etc. on the south end of the property and Ms. Stotts has been cleaning that up, and additional landscaping and parking should clean up the area. The color of the addition will match the building as closely as possible. Councilmember Duggan stated that there are three dumpsters scattered on the site. He asked if there is an area proposed where the dumpsters can be contained. He asked if there was much of a taking by MnDOT for T.H. 13 that would impact the property. Ms. Stotts responded that she would like to add a fork -lift door coming out the side of the building and would put up a decorative wall to enclose the dumpsters. She stated that LCS was built in the early 1960's and they bought additional property for future Ayes: 5 Nays: 0 • _ • _�_• 1\ �__\ • .r Page No. 23 September 2, 2003 expansion; and hoped to go out the back, but with the configuration of the property and right -of -way on all four sides, that didn't leave her much opportunity. They built on old Highway 13 and the new highway took a portion of her land. Councilmember Duggan stated that with improvement to the parking lot and a way to hide the dumpsters somewhat, he would support the request. Responding to a question from Mayor Huber, Public Works Director Danielson stated that to expand to the east is impossible and if they are to be allowed to expand, this is the only way they can do it. Councilmember Schneeman moved adoption of Resolution No. 03- 85, "A RESOLUTION APPROVING A 24 -FOOT FRONT YARD SETBACK VARIANCE FOR A BUILDING EXPANSION." Councilmember Duggan seconded the motion. Council acknowledged a memo and proposed revised Critical Area Ordinance. Mr. John Chaput, 1835 Hunter Lane, stated that he is not aware of the total significance of what is happening, so he is interested in finding out how it will impact him. He got the impression from the Planning Commission that they felt compelled to approve the ordinance because it was being pushed by the federal and state government. The changes are radical, going from a 40 degree slope to a 16 degree slope. He stated that he doesn't know what slope he has, but he has a lot that is divisible if he wants to do it and he is the only person who has not built out to the edge of the hill. Because of that, he was concerned about what was going to happen and whether the ordinance will impact him in terms of any future plans he may have about building a home closer to the hill. He stated that what he heard at the Planning Commission was that when the time comes that he wants to do something he can apply for a variance, but he would like to know more about it than that. Assistant Hollister stated that Mr. Chaput appeared at the Planning Commission and was the only resident present for the discussion who actually lives in the critical area. He reviewed a GIS map of the Chaput property. Mr. Chaput has three parcels and his house straddles the lot line between two of the parcels. Mr. Chaput is concerned about his ability to subdivide in the future, and staff has Page No. 24 September 2, 2003 determined that the property cannot be subdivided anyway. The westerly parcel is entirely within the bluff and there is no way any building would be permitted on the parcel by the city or the DNR before or after the ordinance is amended. On the other parcel, for the last 161 feet of the parcel, he is at a 10% slope, so if Mr. Chaput wants to build a house in that area he is still below the 18 %. The amendment would not hurt the buildability of that area, because is not subdividable now. There is less than 200 feet of frontage on Hunter Lane and in order to create a flag lot he would need a variance. The property does not meet current R -1 standards. Mr. Chaput stated that the people next door to him just knocked down a house they bought and are building a new one. Someone may come along in the future and want to get the view of their dreams by knocking his house down and building a house closer to the bluff. Councilmember Krebsbach stated that she did not b3lieve Council had been told it was going to be a tear down. Public Works Director Danielson responded that he was not aware of it either. Mayor Huber responded that they could do that — take one house down and put a new one up. A house could be moved back considerably without the need for a variance under the new critical area ordinance. Mr. Chaput stated that calling an area critical does not mean anything and does not add any dimension. Mayor Huber stated that if Mr. Chaput wants to keep his existing house or tear it down and build two houses there would be a problem because there would not be 100 feet of frontage for each of the two houses. If Council adopts the ordinance, it will not make it easier or more difficult to put a house deeper on the lot, within reason. A house could be moved back quite a ways and still be within a 10% slope. He cautioned that Mr. Chaput or his successor would have to appear before the Planning Commission and Council for approval. Would like the opportunity to put a house out where his neighbor's house is. Mayor Huber stated that he cannot say that Mr. Chaput could place a house back exactly as far as his neighbor because of the contours of Page No. 25 September 2, 2003 his lot. He would have to prepare a plqn and comd to Council for a determination. Further discussion on the proposed ordinance was tabled to September 16 to allow Council further time for review of the document. JOINT WORKSHOP Council acknowledged a memo from Administrator Lindberg regarding conducting a proposed joint Council/Planning Commission workshop on September 30. Councilmember Schneeman stated that she will be out of town but that Council should conduct the workshop. It was the consensus to conduct a joint Council/Planning Commission workshop on Tuesday, September 30 at 7:00 p.m. COUNCIL COMMENTS There was discussion over the condition of the GNB sign and whether the city can require that it to be taken down since it is not functioning as a sign. Public Works Director Danielson stated that he would discuss the issue with the city planner. Councilmember Krebsbach informed Council that she served on a MhDOT task force about the speed limit on Hiawatha and the limit was raised to 45 mph. Councilmember Schneeman stated that she has received several positive comments about the safety camp. Assistant Hollister responded that safety camp is a joint venture between Mendota Heights, West St. Paul and South St. Paul and congratulated Recreation Programmer Ganglehoff on her excellent work on safety camp. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:00 p.m. KAleen M. Swanson City Clerk ATTEST: Page No. 26 September 2, 2003