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2002-05-07 City Council minutesPage No. I May 7, 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 7, 2002 Pursuant to due call and notice thereof, the regular meeting of the City Cotmcil, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on April 16, 2002 as amended. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 5e, staff appointment, 5j, ball field storage box, 5k, Mendakota concession stand upgrades, 5m, creek stabilization, and 5n, fire training, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the April 10, 2002 Airport Relations Commission meeting. b. Acknowledgment of the unapproved minutes from the April 23, 2002 Plam-fing Commission meeting. Acknowledgment of the Code Enforcement monthly report for April. d. Acknowledgement of a memo from Parks Project Manager Kullander regarding repairs made to the Ivy Park tennis courts. Page No. 2 May 7, 2002 e. Authorization to revise the city's fee schedule to set the fee for the comprehensive plan to $30 per volume or $50 for the two volume set. f. Authorization for Mayor Mertensotto and Administrative Assistant Patrick Hollister to attend the 2002 N.O.I.S.E. Conference in Providence, Rhode Island, from July 17 -19. g. Approval of a $6,000 donation to ISD 197 Community Education to assist in the cost of a computer lab at the Thompson Park Center. h. Authorization for the issuance of a purchase order to Pine Bend Paving in the amount of $10,405 to complete Valley Park trail repairs. Authorization to participate with MnDOT in installing a traffic signal at TH 13 and Mendota Heights Road. j. Approval of a modified critical area site plan for construction of a deck at 1054 Sibley Memorial Highway for Mr. Mike Heine, along with authorization to issue the required building permit and refund the critical area application fee. k. Approval critical area permit for construction of a screened porch at 1908 Glenhill Road, along with authorization for the issuance of any necessary building permits, contingent with compliance with all applicable codes, along with authorization for the refund of the critical area application fee. 1. Adoption of Resolution No. 02 -20, "A RESOLUTION APPROVING AN AGREEMENT MADE AND ENTERED INTO WITH THE MINNESOTA TWINS COMMUITY FUND FOR A TWINS FIELD FOR KIDS MATCHING GRANT PROGRAM," authorizing an expenditure of up to $1,400 from the Special Park Fund as matching fiords for improvements to the Sibley Park fields but that the work not be commenced until MHAA receives the grant. m. Adoption of Resolution No. 02 -21, "A RESOLUTION OF GENERAL SUPPORT FOR THE DAKOTA COUNTY BIG RIVERS REGIONAL TRAIL EXTENSION ENHANCEMENT PROJECT FROM THE WPA OVERLOOK AT MENDOTA HEIGHTS ROAD TO I -494 AND IMPROVED TRAIL CONNECTION AT THE MENDOTA BRIDGE." Page No. 3 May 7, 2002 n. Adoption of Resolution No. 02-22, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENT PROJECT TO SERVE GAILAND HEIGHTS, JEFFERSON HEIGHTS, MORTENSEN'S ADDITION AND SURROUNDING AREAS (IMPROVEMENT NO. 2002, PROJECT NO. 1)." o. Approval of the list of contractor licenses dated May 7, 2002. p. Approval of the List of Claims dated May 7, 2002 and totaling $177,323.40. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Council acknowledged a memo from the City Administrator regarding the appointment of Emmy Foster to full-time status as the Human Resources/Communications Coordinator. Councilmember Krebsbach was concerned that a human resources person also does commimications duties. She questioned whether human resources warrants a fall time position. She also stated that she would like staffing to be a discussion item at the goal setting session. Administrator Lindberg responded that Ms. Foster spends about 75% of her time on human resources duties. When the position was created, it was known that the city did not need a ftill-time human resources person but did need communications help and that is the way the job description was prepared. Councilmember Vitelli stated that he is comfortable with the proposal and supports the staff recommendation. Councilmember Krebsbach stated that her concern is that if the city needs a ftill-time human resources person, someone should be hired to do part-time communications. Councilmember Vitelli moved approval of the appointment of Emmy Foster to regular fall time status as Human Resources/Communications Coordinator, effective May 7, 2002, at Page No. 4 May 7, 2002 Step E, Grade XXI of the city's salary matrix for an annual salary of $48,419. PARK UPGRADES Council acknowledged memos from Parks Project Manager Guy Kullander regarding purchasing a lock box for the Civic Center ballfield and shelving and a work surface for the Mendakota Park concession stand. Council also acknowledged a letter from MHAA indicating their commitment of up to $4,000 per year for three years to fund half of the cost of improvements to fields and facilities, with annual reimbursement by the MHAA baseball program to the city. Mayor Mertensotto stated that the city needs to verify that MHAA has funding available for the improvements as they are requested rather than a three year funding commitment from MHAA. If Council approves the lock box and concession stand -upgrades, the city should verify that MHAA has the funds to reimburse the city. Councilmember Vitelli moved to approve the acquisition of a lock box for the Civic Center ballfield and shelving and a counter for the Mendakota Park concession stand subject to verification that MHAA has matching funds available, and that future matching expenditures with MHAA be approved on an individual rather than on an annual basis. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CREEK STABILIZATION Council acknowledged a memo from Administrator Lindberg regarding a request from Mr. Brian Birch for reimbursement for creek stabilization costs at 744 Willow Lane. Council also acknowledged quotes to Mr. Birch from Southview Design and Kirchner Contracting. Mayor Meltensotto informed Council that Administrator Lindberg spoke to Mr. Birch and he is willing to contract with a contractor to do the work and the city will reimburse him. Administrator Lindberg stated that Mr. Birch will negotiate the contract between Kirchner Contracting and himself. The city attorney will draft a release for Mr. Birch's execution before he is reimbursed. Councilmember Vitelli recommended that it be made clear to Mr. Birch that he is not to make any additions to the contract without Council approval. Page No. 5 May 7, 2002 Councilmember Dwyer stated that there needs to be clear documentation saying that the city's contribution is $14,050, in consideration for which Mr. Birch will give the city a release. Councilmember Krebsbach stated that she would like to have a monitoring system for these types of expenditures. The work- and costs must be monitored closely. Councilmember Dwyer moved to authorize reimbursement of up to $14,050 to Mr. Brian Birch for costs to stabilize the creek bank at 755 Willow Lane by Kirchner Contracting Inc. conditioned upon receipt of an executed release from Mr. Birch releasing the city against any claim for erosion from the creek. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 FIRE TRAINING Council acknowledged a memo from Fire Chief Maczko regarding live fire training at an unoccupied home on the former Ridder property. Mayor Mertensotto stated that he does not mind using a building for fire training, but not for burning it down. Council should not subject the neighborhood to the smoke, ashes and airborne debris associated with burning a structure down. The land owner should make arrangements for removal or demolition of the structure. Council could authorize the use of the building for training but limit how long training can be. Councilmember Vitelli suggested that Council ask the fire chief to use good judgment. Councilmember Schneeman stated that the fire department wants to bum the structure down and then the owners are going to be responsible for the hazardous materials, back filling, etc. Mayor Meitensotto stated that with all of the environmental concerns it is not acceptable to subject a neighborhood to burning a building down. Training could be similar to that done in the Tom Thumb structure followed by demolition by the owner. Councilmember Sclineeman stated that she went to the training at Tom Thumb, which went from 8:00 a.m. to 1:00 p.m. on two Saturdays in a row. The department will possibly do similar training on this house. Page No. 6 May 7, 2002 Mayor Mertensotto stated that it is not environmentally acceptable to subject any neighborhood in the city to burning a building down. Just training in the building will not create too much smoke. Councilmember Dwyer suggested that Council wait to talk to the fire chief before taking action. Councilmember Krebsbach stated that the neighborhood should be notified that fire training is being planned. Councilmember Vitelli moved to approve the fire department training but not burning the structure down to the foundation and to direct staff to notify the neighborhood of the time and day the event is planned for. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Ms. Bev Fritz, Director of Community Education for ISD 197 expressed her appreciation for the city's contribution to the new computer lab at Thompson Park. PARKING RESTRICTIONS Council acknowledged a memo from Police Chief Piotraschke and Public Works Director Danielson regarding requests for parking restrictions on Northland Drive and Warrior Drive. Council acknowledged letters from Mr. Richard Cress, CSC Publishing, Mr. Tom Farris, from Farris Incentives, concerned about the parking on Northland \ and Ms. Mary Waldvogel, 609 High Ridge Circle (also signed by six other residents) complaining about parking along Warrior Drive Chief Piotraschke stated that he has received complaints about parking from several businesses about parking on Northland Drive just south of Mendota Heights Road. He stated that Mrs. Cress brought to his attention a situation that there were a number of private and commercial vehicles using Northland Drive adjacent to Super America for parking. The property owners are concerned about the obstruction of vision of people trying to get into their businesses. The police department monitored the situation and agrees that there is a problem. He and Public Works Director Danielson believe a solution would be to restrict parking on the west side of Northland Drive for a distance of 480 feet from the intersection with Mendota Heights Road and an additional restriction on the east side of Northland Drive from Mendota Heights Road past the first business (285 feet). Ms. Cress also asked that a 30 minute time restriction be imposed for parking on the remainder of Page No. 7 May 7, 2002 Northland, and neither he nor the public works director have a problem with that request. Mayor Mertensotto stated that if parking on Northland is restricted, the trucks, etc., will be parked on Mendota Heights Road, which would be totally unacceptable. Chief Piotraschke stated that was his immediate concern, but with the proposal being recommended, he is trying to address the owners' concerns and still allow some parking. Ms. Cress stated that one morning she came to her office and there were twelve vehicles parked on the street - eighteen wheelers, short trucks and cars. Trucks rarely park in the SuperAmerica lot — they all park on the street, on both sides of the driveways by Ferris Industries and her company. She stated that there is a grassy knoll across the street from her property, and vehicles could be parked along that portion of Northland without creating the safety hazards. She stated that Mr. Ferris also wants no parking in front of his property. Mayor Mertensotto suggested restricting parking on both sides of the street for a certain distance along Northland and also have no parking on Mendota Heights Road. SuperAmerica has possibly told the truck drivers not to park in its lot. Chief Piotraschke stated that most of the drivers are making stops at SuperAmerica and have told the police officers that it is easier to park on the street. Responding to a question about where the trucks will be parked if the restrictions are adopted, Chief Piotraschke stated that there is adequate parking just south of the prohibited area. Mayor Mertensotto suggested accepting the recommendation for restricted parking up to the grassy knoll on both sides of Northland Drive, and also instituting no parking on Mendota Heights Road for one hundred feet on each side of the entrance with Northland Drive. He recommended making the ordinance effective on May 22 to allow feedback from the property owners, and directing staff to send a copy of the ordinance to each of the property owners along that section of Northland Drive. Co-uncilmember Dwyer moved adoption of Ordinance No. 367, "AN ORDINANCE PROHIBITING PARKING ON THE EAST SIDE OF NORTHLAND DRIVE EXTENDING SOUTH FROM THAT PART OF MENDOTA HEIGHTS ROAD LYING EAST OF TH55 Ayes: 5 Nays: 0 Page No. 8 May 7, 2002 FOR 285 FEET AND PROHIBITING PARKING ON THE WEST SIDE OF NORTHLAND DRIVE FROM MENDOTA HEIGHTS ROAD LYING EAST OF TH55 FOR 480 FEET," and Ordinance No. 368, "AN ORDINANCE PROHIBITING PARKING ON MENDOTA HEIGHTS ROAD BETWEEN TH55 AND MEDALLION DRIVE," the ordinances to become effective on May 22, 2002. Councilmember Krebsbach seconded the motion. Chief Piotraschke informed Council that the city currently restricts parking on Warrior Drive for a short distance around the end of the cul de sac and for a distance down the west side of the street. A resident came forward with a petition stating there is a problem with students parking on the west side. With parking on both sides of the street, it makes it difficult for pedestrians to cross Warrior. He and Public Works Director Danielson viewed the area and police officers have monitored the parking lot at Sibley High School to see if it is being used to capacity. The department also monitored Warrior Drive. He stated that the solution he and Public Works Director Danielson recommend is to extend the no parking zone down the remainder of the west side of Warrior, with no parking on the entire west side of Warrior to the frontage road 24 hours a day, seven days a week. He stated that parking on both sides of the street creates a traffic hazard for pedestrians crossing Warrior to go to the Sibley Park to watch softball, soccer, etc. There is sufficient parking in the school parking lot and on the east side of Warrior Drive for students. Councilmember Dwyer responded that the result might be people parking on the other residential streets in the area. Councilmember Schneeman stated that they already use the other streets for parking. Chief Piotraschke stated that West St. Paul prohibited parking on the side streets across Delaware, which moved the parking over to the Mendota Heights streets. The department's monitoring of the school parking lot is that the students are using the parking to its maximum. Students must bay an annual fee of $50 to park in the school lot. Mayor Mertensotto suggested that Council pass a motion tonight that unless there is significant neighborhood objection Council will pass an ordinance on May 21 to restrict parking on Warrior Drive. Page No. 9 May 7, 2002 Councilmember K.rebsbach moved to direct staff to notify the affected property owners and the school district that if there is no material objection, Council will adopt no parking on the west side of Warrior Drive from the frontage road to the cul de sac. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 01 -39, Council acknowledged an application from Inheritable World LLC INHERITABLE WORLD for variance, 19 lot subdivision approval and wetlands permit for the former Ridder property located at 1744 Dodd Road. Council also acknowledged associated staff reports, letters from Loucks Associates regarding revised grading plans reflecting the Planning Commission's concerns regarding the flow of Marie Creek and Pine Creek and addressing the ten conditions recommended by the Planning Commission. Council acknowledged letters from Mr. Thomas Mairs, objecting to any possible plan for trails through the property, Mr. Timothy Ober, objecting to possible paths and a neighborhood park in the development, Mr. Litton Field, opposing any proposal for a public park in the plat, and Mr. & Mrs. Tom Grojean, also objecting to a neighborhood park requirement. Mr. Paul McGinley, from Loucks Associates, reviewed the existing site conditions and layout and design changes that were made following the Planning Commission meeting, as well as changes made in response to items raised by the Public Works Director since the meeting. The property consists of the 34 acre Ridder parcel and the one -acre Grant parcel that was purchased by the new owner so that the street could be lined up with Stanwich. The Ridder home sits about 30 feet higher than the rest of the land, which figures into where the streets must be placed and why the flag lot is needed. He described the characteristics of the property and stated that the subdivision will be large lots with custom homes, preserving the typography of the land as well as the existing trees. The smallest lot in the subdivision is 43,000 square feet, and the average lot size is 63,000 square feet. He reviewed plan changes that were made as the result of three neighborhood meetings that were held prior to the Planning Commission discussion, including removal of proposed fences along Marie Avenue and along Dodd, removal of a proposed mock guardhouse. Responding to neighborhood desires, the developer has opened up Pine Creek, changing the design to accommodate an open channel through the property except under the road and driveways. Sewer will come from Dodd and water will come from Dodd and from Marie. The developer will provide all of the necessary utility and drainage easements, and will also provide Page No. 10 May 7, 2002 utility easements for connection of the properties to the north and to Somerset to sewer should their on site systems fail in the future. The developer will provide drainage easements around all the wetlands, which will serve as scenic easements. Mr. McGinley stated that the drainage plan has been redesigned to allow Pine Creek and Marie Creek to flow through the property unimpeded. Drainage from the development will be collected by the storm sewer and go to the NURP ponds. Whatever the fluctuations in the creek are now will continue. Both of the creeks will be above surface. There will be culverts at the road connection down to Marie so that the creek flows under the road and through a culvert under driveways. The post development drainage that will be created by the houses and the streets will be collected by the storm sewers and go into the NURP ponds, which will be designed to retain excess drainage and the rate of flow leaving the property will be no higher than it is now. The flow may last for a longer period of time but it will not go any faster down stream than it does now. There are mandated design standards to follow when designing NURP ponds. He is in the design process now — the location of the storm sewer and storage areas have been determined, but the size and depth of the ponds will be determined through a hydrological study. It has been determined that the houses will not have wet basements. Drain tiles will also be installed around the houses and in some of the yards, and will drain to the storm sewer system. There will be rain gardens to slow water in the back yards, and those will show in the grading plan that city staff will enforce. Mayor Mertensotto pointed out that there is a significant change in elevation on the property and when rain comes half an inch at a time, it will not be controlled. Mr. McGinley responded that he will go through extensive drainage and grading design. The drainage system will be designed for a 100 year storm, which is the engineering standard. Public Works Director Danielson stated that the city will do the public improvements and will review the storm sewer calculations. Councilmember Krebsbach asked if the city is ultimately responsible for drainage problems if the city approves the design and a home owner has problems. Mayor Mertensotto responded that once the city accepts the drainage system, it becomes pal t of the city storm sewer system. Page No. 11 May 7, 2002 Councilmember Dwyer pointed out that the developer and the home owner are ultimately responsible as well. Councilmember Vitelli stated that Council must rely on a very reputable engineering firm and the city's staff. He felt that Mr. McGinley has done an outstanding job of listening to the neighbors and to the Planning Commission. He stated that he feels this is an excellent plan. Councilmember Schneeman pointed out that Mr. McGinley changed the creek flow because that is what the Planning Commission recommended. The plan is to let the creeks flow naturally and not put them into the NURP ponds. Mr. McGinley stated that his firm designs 20 to 30 developments a year and has been doing this work for 25 years and designs them to the best engineering standards as possible. In addition, the city's engineering staff reviews all the information and the plans must be revised until the city staff says the design is as it should be. Councilmember Krebsbach stated that once Council accepts the design, the city is responsible. She asked if the developer would be agreeable to a clause in the developer's agreement regarding drainage and the two creeks on the site, both for the home owners and those outside the development. Would the developer be willing to have a clause in the agreement taking responsibility for the recommendations made by the hydrologist and warrant the system for a certain period of time? Responding to a question from Councilmember Schneeman, City Attorney Schleck stated that nothing would prevent the city from requiring a warranty for a workable system, but what good is the warranty. The developer will develop the lots and sell them and be gone. To some extent, when Council is dealing with these technical issues they need to rely on the expertise of the city staff and the technicians who are working on the plans. A warranty is something Council could require if it wishes. Public Works Director Danielson stated that he does not recall that the city has required a warranty from a developer in the past. Councilmember Krebsbach stated that the city was caught in the middle of a problem with the Mathern development for years because the developer had a couple of lots that had unstable soil. The city does get involved in these problems. Mr. McGinley did an Page No. 12 May 7, 2002 excellent job but there is a lot of water that moves through this property. In the end, if there are water problems, the homeowners will want some solution, as will the people along Marie and in Spring Creek. She felt it would be prudent for Council to see if the city is accountable once Council agrees to the development. Mayor Mertensotto stated that this is the only area that has more water than Tilsen's Highland Heights, which the city has worked with on drainage for years. In his experience, Council has never had a developer or contractor come back and say they designed it the wrong way. Mr. McGinley responded that he can assure Council that the developer /owner of this property has gone to great lengths on this development. His interest is to make this the highest quality development that can be achieved. Councilmember Krebsbach stated that although Mr. McGinley spoke about having drain tiles around the homes, there is nothing in the regard in the covenants. The wetlands are a major concern. Mr. McGinley has not calculated the amount of water through the site, but has platted the lots and does not know how big the ponds need to be. Mr. McGinley responded that he is looking at a means of putting the drain tiles around the house and the lots lines in the covenants. Councilmember Schneeman asked how often the creeks are filled to capacity. Mr. Litton Fields responded that the creeks run in the spring but are usually dry otherwise. Right now they are probably at half capacity. When the snow melts, they may be just over capacity. Councilmember Dwyer stated that a two to three year warranty for workmanship should be required in the developer's agreements. The developer would warrant to the city that the work it is doing is of workmanship quality — that whoever is putting the pipe in the ground warrants it as to design. Public Works Director Danielson stated that between the preliminary and final plat approvals, a developer's agreement is drafted and the developer petitions the city to install the improvements. The city would bind them and hire a contractor. The contractor is typically required to give the city a one year warranty on workmanship. Page No. 13 May 7, 2002 Attorney Schleck asked if Council is asking for a warrantee from the developer or the design firm. Mayor Mertensotto responded that the developer should say that he warrants that the systems as designed will be adequate to serve its purpose for at least three years. Mr. Michael St. Martin, the civil engineer doing the design work for the project, stated that there are two storm sewer systems on site - the system that runs through the creek and the system that captures the water and takes it to the ponds. The size of the ponds is accurate based on the use of the property. The sizing of the creek system culverts will be part of the design that Barr Engineering did in 1993. The ponding is based on the flow coming from the development, not the creek. The net rate as the water is released to the property line will not be greater than it is today. Councilmember Dwyer asked the setback of the basements from the high water mark of the ponds. He stated that creeks naturally overflow but Council does not want any of the new houses or those down stream having flooded basements, and Council also does not want the streets impaired. Mr. St. Martin responded that there is four feet from the bottom of the basements to the pond. The pads are high enough to keep the homes protected from both the creek and the pond. Councilmember Kiebsbach asked if the homes along Marie are below the pond level. Mr. St. Martin responded that Marie drops continually to the west but there is a distance from the ponds and creek to those homes. The ponds on this property will be low enough to protect homes in the development and will not cause undue harm to those homes on Marie as well. The pond will flow into the storm sewer system. Mayor Mertensotto stated that the creek overflows at times during heavy rain fall. The worst problem is west of Dodd, and the city needs to protect against problems for those property owners. Mr. McGinley informed Council that Public Works Director Danielson had expressed concern to him this week about the four outlots. The concern was that the city needs assurance that the lots will not go tax forfeit in the future. Under a law passed in 1996, Page No. 14 May 7, 2002 Dakota County is allowed to distribute the land value of those outlots against the other lots in the development so that the outlots cannot go tax forfeit in the future. That will be addressed in the covenants and in the developer's agreement. Mr. Danielson also expressed concern over who would be responsible for maintenance of the ponds. It is commonly understood that the city would maintain the ponds for drainage, removing silt, etc., every fifteen to twenty years. The aesthetic appearance of the ponds is the responsibility of the land owners whose lots adjoin the ponds. That will also be spelled out in the developer's agreement. Also, the developer will grant the city easements to access the ponds for city maintenance as well as scenic easements. Councilmember Dwyer stated that Council would want the homeowners' association to be responsible for aesthetic maintenance. With respect to the variance for a flag lot, Mr. McGinley stated that the flag lot is needed solely because of the topography of the property on which the existing home sits. Mr. McGinley distributed a drawing showing the scenic easements and wetland setbacks. Councilmember Krebsbach asked if the setback from the wetlands includes decks and if the plans include decks. Mr. McGinley responded that it is a city decision on how the ordinance is applied. Many of the land owners are interested in pools and decks, and it is his understanding that the setback applies to all structures including pools, decks and fences. The setback requirement is clear to the developer and the home owners. Mr. McGinley stated that the Planning Commission recommended approval of the development with an increased park dedication fee of $43,500, and the developer agrees to the fee. The fee is a 53% increase over the city's ordinance requirement. The idea has come up of taking a three acre park site in lieu of the donation. The park dedication ordinance states that when the city requires land it must look at the intended purpose. A three acre site would be a tot lot or mini park, and the city has tried to avoid those in the past because of the high maintenance cost and limited use. The 1979 comprehensive plan said that a neighborhood park, should be between ten and 25 acres. The current plan says they should be between five and 30 acres in size. He distributed a list of the existing neighborhood parks in the city and their sizes and reviewed the list for council and the audience. Of the nine neighborhood parks, one is one acre (Valley Page No. 15 May 7, 2002 View Heights) and one is 94 acres. The rest fall between six and 25 acres. Dropping the two extremes, gives an average of 12 acres for neighborhood parks in the city. A three acre dedication on this property would require three to nine acres to be added in the future to make it a useable neighborhood park. All of the existing properties abutting this development are already developed except the Oberst property which is in the wetlands. A three acre park taken out of this development would be a substandard park area. He felt it unlikely that the neighbors to the east would develop in the future such that the city might acquire park land there. He stated that he has worked with the current and prior owners of the adjoining properties for twenty years with the idea of developing their property and it has proven -unreasonable because of the topography, wetlands, etc. There is no ability for street connection to Foxwood to the north. As far as street connection to the south, the Grappendorf Addition was platted in 1985 and the city discussed but did not require a street easement through that property. There is no street connection provided through that subdivision to Ridgewood Drive, so there is no access from the north or south to the Hidden Creek plat. To assert that additional land would come from the east for an active park is not reasonable because of the lack of street connections, the tree cover and the wetlands. There have been five plats in this neighborhood approved by the city since 1995 with no park land and no trail connections. The city must have determined in those cases that it was not necessary or appropriate to take park land from those properties. Taking park land from this property would have a severe negative impact on the development and would create a substandard park that would always remain a substandard park. Mr. McGinley distributed a handout describing the existing conditions on the Hidden Creek property. He stated that the entire eastern edge of the property is wetlands, which means that the street must end in a cul de sac with large lots backing up to the wetlands. Those are the most valuable and desirable lots in the development. To have a public trail along those properties would be very detrimental. He stated that it has been suggested that if the trail access is not acquired through Hidden Creek now, a trail would never be developed. He stated that if the city ever acquires trail access through the Bauer properties and other properties to the east, a trail could be connected from the cul de sac at Ridgewood Drive. Not only is the trail connection from Hidden Creek not the only likelihood, it is also not the best. In his opinion, it is very unlikely that the Bauer property and adjoining parcels will ever develop. Mayor Mertensotto stated that the Montgomery and Glen Toro plats were properties just like Hidden Creek. Page No. 16 May 7, 2002 Mr. McGinley responded that they do not have the site constraints this property and the properties to the east of it have. Mayor Mertensotto stated that if the city does not acquire easements from the developer today, it will never get them. He asked why Mr. McGinley considers the trail to be a detriment. Mr. McGinley responded that people buy on cul de sacs because of the privacy and do not want to have a trail in their front yards. Mayor Mertensotto stated that the city's comprehensive plan guides the Ridder property for multiple housing — a PUD — because of the wetlands. Mr. McGinley stated that the developer chose to do something that was in the best interest of the neighborhood and the city at large. Looking back to the 1985 Barton Aschnian study, the past comprehensive plan and the current comprehensive plan, they do not have any recommendation for a trail through the super block. Councilmember Krebsbach stated that Council allowed the super block to remain as it was without forcing a plan on them. She likes that the developer has kept large lots. The reason Foxwood and Ridgewood never went through was because Council envisioned there may be a "boardwalk" park there. There was a plan for a road to come from Foxwood to Ridgewood when one of the property owners was thinking about subdividing at the back. The city has tried to protect this block and keep it in its natural state and think it through carefully. She did not think anyone is thinking about an active park in the development, just some common access through this block — a scenic trail. Council envisioned that there would be a major natural resource available at some time, and this is the first time Council has really addressed this issue with the developer. Mayor Mertensotto stated that page 76 of the comprehensive plan states that the area north of T.H. 110, east of Dodd and south and west needs a neighborhood park. Council spent two years working on the comprehensive plan and new the Ridder property was the largest parcel left in the city and that a portion of it would not be developable. It is not an economic hardship for the developer to dedicate the land. The city has an ordinance in place wherein the city has the option for 10% of the land or 10% of the market value. If Council does not put land aside, not developing it now, there is no potential for a park in the future. One problem the city has in Page No. 17 May 7, 2002 neighborhoods is that no one wants their children to cross busy streets to get to a play area. The people who will move into this development can say they do not need a park but some time in the future, new owners may want a park. In the covenants, the developer reserves the right to add the adjacent land to the development. The park could be one of the lots with the NUR-P pond as part of the future neighborhood park. Then when people from the neighborhood come in 25 years from now and say they deserve a neighborhood park like everyone else has, the city will have the land reserved. The same applies to trails. If the city does not have an easement reserved in advance, there will never be one. Council does not know how the lots on Delaware will develop in the future, but needs to use vision now. The park land and the trails would not be developed now but at least the area would be available in the future. Councilmember Vitelli stated that he totally disagrees. He thinks this is an outstanding proposal and to take three acres completely changes things. The developer would have to redo the plat and maybe create 25 lots. The people who build in the development on these large lots will not be looking for park land. He felt that Mr. McGinley's presentation on why a park and rails do not make sense was totally logical and he agrees with it. This is an excellent development the way it is and it doesn't make sense to through in a three acre park easement and easements for trails. Park Commissioner Lawrence Craighead stated that he represents six of the members of the Park and Recreation Commission, but not the commission chairperson. The commission reviewed the plan and feel three acres of land in one parcel was not ideal. Many years ago there was a park proposal for the super block in general but the commission felt it would be better to have a walkway at the end of the cul de sac so that the whole super block could be connected. The commission envisioned a path that could go along the wetlands. There are some other areas of the city that have similar situations, such as Bridgeview Shores, which has a path through the development between two houses. Augusta Shores has pathways. Using this type of location would be ideal to the super block. This would be an ideal place to have a connection to the city's trail system. Councilmember Dwyer asked Mr. Craighead if he is representing that the commission thinks a 3.4 acre piece of land is not a good idea at this location. Page No. 18 May 7, 2002 Mr. Craighead responded that the commission did not see how it would fit in. The commission had a proposal that it voted on on November 13 and in January. The commission's proposal was that access be graded between the two lots at the end of the cul de sac for a scenic walk along the wetlands and ultimate connection to the properties to the east and north. The commission is recommending that there be an easement. Councilmember Krebsbach stated that would be in keeping with how the city has connected other neighborhoods. Council must think about the entire super block in terms of where there may be a trail system and how it might be acquired. There was a time that when Council asked for a trail they got it because Council felt it was in the best interest of the city. She appreciated the accommodation the developer has made in terms of the gatehouse, etc. The reason there has not been anything here is because Council was waiting for this area to develop on its own, and Council envisioned there would be a natural preserve on it. Councilmember Dwyer stated that in the November 13 Parks and Recreation Commission minutes there was a motion by Commissioner Craighead that the recommendation to Council be that the city take the park dedication in the form of 3.4 acres surrounding the pond in the northeast comer of the development and that was passed on a 511 vote with Chair Spicer opposing. The commission did recommend the 3.4 acres of land. Mr. Don Dera-Lif, a property owner on Wentworth Avenue, staed that on McLagan's trail map, the orange line comes off Wentworth and then south. That is totally unacceptable to him. That would totally change the character of his property. Mr. Jim Fischer, 1758 Dodd Road, asked for information on the NURP ponds. Mr. St. Mai-tin responded that pond one is approximately 100 by 300 feet. The other is about 150 feet long. They are about six to eight feet at the deepest point. The slope leading to them is 3:1 and there is a ten foot wide flat bench at the edge of both ponds for safety. Mr. Litton Field stated that in addition to what he stated in his letter, making the point about the connection to the cul de sac, he thinks that if there were public access coming into this property, young people would park their cars and use the trail to come in to this remote location in the middle of the night. That is his concern as a Page No. 19 May 7, 2002 private land owner. He stated that Mrs. Ridder is his god mother and he was at one time made aware there had been some talk in the past about a park in the area but there was nothing in the comprehensive plan and this comes as a big surprise to him. Mayor Mertensotto stated that he is planning for the future, not for today. He is not saying a park area would have to be opened up there but at least there should be a provision for the future in the developer's agreement. Mr. Field responded that he does not want to have to be concerned about what traffic may come over the isthmus into his property. Mr. Tom Zerbes stated that he has a purchase agreement for the house. The issue with the trail system has not been addressed. He feels the same as Mr. Field as far as people coming in and causing problems. Most of the lots in the development are two acres in size. That is a lot of room for children to run. There will be 3.5 to four acres of open space from lot to lot. In essence, the development will be a park with dots of houses. The people who will buy these lots want the extra acreage. It is not true that if there is no city park or trail people from other areas cannot come into the neighborhood - people can walk through on the public streets. All of the people on Wentworth have very large lots and most of that land is wetlands. According to the engineers, that land is not developable. People are buying properties in Hidden Creek for some extra privacy and to have a rural feeling in town. In addition, the rights of the property owners in the area should be considered. Mayor Mertensotto stated that everyone in the area has rights to open space, and no area is exclusive. Councilmember Dwyer stated that having a 3.5 acre lot would make sense if there were a lot of young children in this area, but these are not starter homes. Council received a letter from one of the families moving in to the development who have a three year old and a five year old and they said they do not want a 3.5 acre park, as their property is clearly large enough. He did not think the city needs a park in this location, and it seems inconsistent with the way the plat is being developed. He felt that the proposal without trails and without park land makes a lot of sense and that it is a good plan that the city should be proud of. Councilmember Schneeman stated that she was on the Parks and Recreation Commission 25 years ago and she was very involved Page No. 20 May 7, 2002 with the small neighborhood parks. The reason the city had them was because the lots in some neighborhoods were small and there was no where for people to go. These lots are very big and people will build sports courts and multi-recreational facilities for families on them. They will put in what they want and will not be going to neighborhood parks. She did not see a ptupose for a three acre park, and felt Council needs to be consistent. There are a lot of families on Wesley Lane and other areas and they have no park. There is no need for a park in this area that has such very large lots. Councilmember Vitelli stated that when one looks at the total area between Dodd, Wentworth, Delaware and Marie, these lots are not even big. This plat will be a nice blending of giant lots to these lots. To plat a park or an easement for a future park would change the entire character of the plat. Councilmember Krebsbach stated that she does not see a community park here. She asked Councilmember Schneeman what she envisions for this block and if she ever envisions a trail. Councilmember Schneeman stated that she does not envisions a trail. She is concerned about some of the city's existing trails. Councilmember Vitelli stated that he does not see a trail system through the plat now or in the future. These are giant lots and people do not want trails going through their lots. Council has received letters from the Mairs', Obers, Fields, and others, opposing parks. They are all neighbors to this plat. Councilmember Vitelli moved to that Council no longer entertain the thought of requiring either a neighborhood park or pedway in this area and accept the donation of cash. Councilmember Krebsbach stated that if she were to ask for an easement, she thinks it needs to be in the very northeast comer near the isthmus. The city has been very cautious with these lots. Co-uncilmember Vitelli stated that the focus today is on this proposed development and his motion is not to require casements for a park or pathway but that Council accept the very generous amount of $43,500 for park development throughout the city. He felt Council is being unfair to the developer. The subdivision has been discussed for four months, and if Council wanted a park Council should have told the developer so a long time ago. Page No. 21 May 7, 2002 Mayor Mertensotto, responded that this is the first time the matter has been before Council. Responding to a question from Mayor Mertensotto, Assistant Hollister stated that the current review period will expire on June 4 unless there is a mutual consent between the developer and the city. There being no second, Councilmember Vitelli withdrew his motion. Councilmember Dwyer moved adoption of Resolution No. 02-23, "A RESOLUTION APPROVING A SUBDIVISIN, A VARIANCE AND A WETLANDS PERMIT FOR INHERITABLE WORLD LLC AT 1744 DODD ROAD," with the condition that the developer's agreement encompass the requirement for a warranty of workmanship from the developer on the designs for the storm water ponds, surface water and hydrology plans. Councilmember Vitelli seconded the motion. Mayor Mertensotto stated that he is extremely disturbed that this the city has open space in the comprehensive plan and that was completely disregarded. He felt that it is poor vision not to require a park land dedication. Councilmember Krebsbach stated that she will vote against the motion because she feels Council should require a trail. She also feels it is a departure from how the city looked at a trail connection in the past. Ayes: 3 Nays: 2 Mertensotto, Krebsbach RECESS Mayor Mertensotto called a recess at 10:45 p.m. The meeting was reconvened at 10:55 p.m. CASE NO. 02-02, AREHART Council acknowledged an application from Mr. John Arehart for a conditional use permit and one foot side yard setback variance to allow construction of a detached garage at 1305 Kendon Lane. Mr. Arehart was present for the discussion. After brief discussion, Councilmember Dwyer moved adoption of Resolution No. 02-24, "A RESOLUTIN APPROVING A CONDITIONAL USE PERMIT AND ONE-FOOT SIDEYARD SETBACK VARIANCE FOR A DETACHED GARAGE AT 1305 KENDON LANE." Ayes: 5 Councilmember Vitelli seconded the motion. Nays: 0 Page No. 22 May 7, 2002 CASE NO. 02-12, HOBBS Council acknowledged an application from Mr. Jerold Hobbs for subdivision of 1065 Wagon Wheel Trail into two lots. Council also acknowledged associated staff reports and a petition regarding the condition of the Hobbs property. Mr. Hobbs was present for the discussion. Mr. Hobbs informed Council that he would like to divide his property to create a new lot on the west end of the property and would like to move a house from Dodd Road onto the lot for his son. He has spoken to the neighbors within 350 feet of his property and they all agree to his proposal. He stated that the Planning Commission was concerned about his fence, which has been in place for 30 years. He stated that he normally repaints the fence but did not last fall because of illness. He has a driveway that is too long according to the Planning Commission. The driveway has been in place for thirty years. When he installed the driveway, he was told he could only get a 25 foot culvert unless he paid for a larger one, which he did. He stated that he agrees to pay the park, dedication fee. With respect to drainage easements, he asked whether the city does not already have utility easements. Mayor Mertensotto responded that it is standard practice to require five foot utility easements along each lot line. He asked which direction the house would face. Mr. Hobbs responded that he would like the house to face on Wagon Wheel but city staff thought it would be better facing Lexington. Mayor Mertensotto stated that the driveway could come off of Wagon Wheel Trail. He stated that one concern is that Wagon Wheel comes into Lexington at a slant, and the city will require additional right-of-way in order to align Wagon to a 90 degree intersection. Mr. Hobbs stated that the city wants to take 20 feet of his property at the comer of Wagon Wheel and Lexington — a triangle starting on the new lot. He stated that there has only been one accident at the intersection in 30 years. Public Works Director Danielson stated that staff is proposing to make the lot rectangular, squaring it off. He also informed Council that Wagon Wheel Trail only has fifty feet of right-of-way. Mr. Hobbs stated that at one time years ago the city talked about taking most of his property to square off Wagon wheel. He has lived Page No. 23 May 7, 2002 in his home for 46 years and there is nothing wrong with Wagon Wheel. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that the county will determine what right- of-way it needs for Lexington. The city considered upgrading Wagon Wheel a number of years ago. Because the street comes into Lexington at an angle, staff was proposing to take a lot more land that staff is now recommending. Staff is now proposing to square off the lot, and the north/south depth of the lot would be 90 feet and it would have 90 feet of frontage on Lexington. Councilmember Dwyer asked whether anyone else on Council is troubled by the application. He has driven by the lot and it is a mess of cars, etc. He asked why the city should encourage promoting this type of condition. Mr. Hobbs is either indifferent to the city's laws or ignorant of them. That comer is an embarrassment to the city and he is wondering why Council should allow it to proliferate. Mr. Hobbs has not demonstrated the ability to keep his lot in a presentable manner and now is asking for two lots which might be kept in an unpresentable manner. Councilmember Schneeman asked Mr. Hobbs if he is also going to move the garage and put it next to the house. Mr. Hobbs responded that he is planning to move the garage and to add a 10 foot breezeway between the house and the garage. The house would face Lexington and the garage would face Wagon Wheel. He stated that some of the cars will be placed in the garage. Councilmember Vitelli stated that he thinks Council should delay action until the whole area is cleaned up. He stated that this is the worst blighted area in the city, with all of the trailers, cars, weeds, etc. Mr. Hobbs stated that be is not breaking any laws. His trailer and his white truck are licensed, insured and drivable. If anything bothers Council, they can come and talk to him. He is not trying to disgust anyone. Responding to a question from Councilmember Krebsbach, Attorney Schleck stated that generally in terms of making a zoning decision Council has a right and duty to exercise its police powers in protecting the health and welfare of the community. If the city were to find there is a risk to the health and welfare, it has a right, and Page No. 24 May 7, 2002 should, set conditions. He felt that it would be inappropriate to make a decision based on aesthetics but it would be appropriate in this situation to make a determination based on police powers. Mayor Mertensotto stated that Mr. Hobbs has really been carrying on a business in an R -1 district. He has been manufacturing and demolishing race cars. Mr. Hobbs responding that his race cars is a hobby and he fixes them every day. He stated that he works on race cars and his children race them. He is not paid by anyone to work on the cars and would not work on anyone else's race cars. Councilmember Dwyer asked Mr. Hobbs if he understands the concerns of Council on how the property looks and how Council would like it to be cleaned up. Mr. Dean Hobbs stated that bringing the house in would improve the lot a great deal because it would be used. The property was used as a garden years ago. Lately it has been turned into a parking lot for the family's trailers, etc. If the house is brought in, that parking will be eliminated. Councilmember Dwyer asked where the trailers will go then. Mr. Dean Hobbs responded that right now the only thing on the lot is a car. Mr. Jerold Hobbs stated that the car has been on the lot for about a month and he is waiting for someone to pick it up and take it to the junk yard. The trailers are used to carry the cars to the race track. He stated that he moved the trailers to the east side of his fence. The motor home is his and he takes off in it in the winter time. Councilmember Dwyer stated that he would not consider subdividing until there are surveys of the property done and any violations of city ordinances are brought into compliance. Mr. Hobbs responded that he has to move the house as soon as the road restrictions are lifted or he will lose it. Councilmember Dwyer stated that he is not confident that this property would be cleaned up contemporaneously with the subdivision. Ayes: 5 Nays: 0 Page No. 25 May 7, 2002 Mayor Mertensotto suggested that the matter be tabled for two weeks and that before the meeting Mr. Hobbs should submit a schedule to the city on what he is going to do to clean tip the property and get rid of the junk. Mr. Hobbs should give Council a timetable on what he is going to do. Mr. Dean Hobbs responded that by that time the house will no longer be available to him. Mr. Dave Palme, 1053 Wagon Wheel Trail, expressed his concerns about the area and stated that he submitted a petition signed by 33 people and has 37 more signatures from local residents about what is going on at the property.. He informed Council on what is being stored on the property and burning that occurs. He stated that cars have been moved from Mr. Hobbs property to his grandson's property next door. He stated that the Hobbs family are always revving the engines on the race cars, and the cars are not licensed to drive on the streets. Mayor Mertensotto stated that if the junk cars are being moved from this property to Mr. Hobbs' grandson's that is just shifting things until the subdivision gets approved. He recommended continuing the matter to May 21 and asking Mr. Hobbs to submit by May 17 a list of what he is going to do. Councilmember Dwyer moved to continue discussion on the matter to May 21. Councilmember Vitelli seconded the motion. Ms. Jennifer Hobbs, 1057 Wagon Wheel Trail, stated that when she and her husband moved into their home there were a lot of things they had to get rid of. They got rid of one car yesterday and moved the Yullk, out and planted flowers and did a lot of work to clean things up. They began cleaning tip their yard long before the Planning Commission meeting. Mr. John Nides, 2094 Patricia, stated that he has a large investment in his home and his environment and what he sees going on in the area and what is going in the ground, he is not happy. The Hobbs property is a blight and he is concerned about what is being burned and going into the air. He asked if someone from the city can go onto the property with Mr. Hobbs and look at it. Page No. 26 May 7, 2002 Mayor Mertensotto directed the city administrator to contact Attorney Martin Costello and have a staff member visit the site to help Mr. Hobbs itemize what needs to be corrected. Staff should determine whether there are hazardous materials on the property. CASE NO. 02-13, ROYAL Council acknowledged an application from Royal Redeemer REDEEMER Lutheran Church for an amendment to its conditional use permit for a day care facility to allow relocation of equipment, construction of a new playground area and creation of a formal garden area along Victoria Curve. Council also acknowledged associated staff reports. Rev. Connie McCallister and Ms. Jenn Moenck Feige were present for the discussion. Ms. Feige stated that she is a volunteer who is coordinating efforts to put in a new playground. The church received a grant from the state to help purchase a new playground, and the church is also adding landscaping. There will be 52 children using the playground, and the church is just replacing old equipment with new equipment. Councilmember Schneeman stated that when she first came on Council, Council discussed the Royal Redeemer sign. The church agreed to put some landscaping under the sign, but that has not been done. Pastor McCallister responded that a landscaper is coming this week to install the landscaping. The church is small, and did not have the funds until now. Responding to a question from Mayor Mertensotto regarding the fence, she stated that the fence will be chain link and will meet the code requirement for height. She informed Council that the new play equipment is designed for safety. Councilmember Dwyer moved adoption of Resolution No. 02-26, A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT FOR A DAY CARE FACILITY AT ROYAL REDEEMER LUTHERAN CHURCH AT 1960 LEXINGTON AVENUE SOUTH." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 02-14, MENDOTA Council acknowledged an application from the Mendota Heights HEIGHTS UNITED CHURCH United Church of Christ for a conditional use pen-nit for a day OF CHRIST care facility at 680 Highway 110. Council also acknowledged associated staff reports. Rev. Rick Townsend Anderson was present for the discussion. Page No. 27 May 7, 2002 Pastor Anderson stated that the church would like to open a summer activities program and along with that, in school time, a latch key program to dovetail with Royal Redeemer, from Kindergarten through sixth grade. He stated that this morning he was given some notes about the septic drainage system and dropped off a drainage plan to the city's staff this morning. Mayor Mertensotto stated that the recommendation is that the conditional use permit be approved n the condition that the church obtains the necessary state license and that it be in compliance with all building and zoning codes. Councilmember Dwyer moved adoption of Resolution No. 02-27, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DAY CARE FACILITY AT 680 HIGHWAY 110.11 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ROYAL STAR LIQUIDATORS Council acknowledged a memo from Administrator Lindberg SIGN PERMIT regarding continued discussion on an application from Royal Star Liquidators for a permit to install a sign on the sign band at the Mendota Plaza. Council also acknowledged a letter from Mr. Ed Paster in support of the application. Mr. Paster and Mr. Bob Gifford, from South Side Signs, were present for the discussion. Mayor Mertensotto stated that putting yellow neon around the red letters is not acceptable. The sign is not consistent with existing signage in the center, and there are no yellow neon accented signs anywhere in the city. Mr. Paster stated that Royal Star Liquidators is a great tenant. He ftirther stated that he has a letter from the code enforcement officer saying the sign is in compliance with the city's sign ordinances. Responding to a question from Councilmember Dwyer, he stated that the sign has already been built. Councilmember Dwyer stated that the sign is out of proportion to the tenor of the center. It is not in keeping with the creative things the city has experienced. He asked what can be done to tone it down. Mr. Gifford responded that the gold is not neon, but rather is gold trim, and the gold is on the inside of the letters. Page No. 28 May 7, 2002 Councilmember Schneeman asked how long the sign will be lit. Mr. Gifford responded that it will go off at the same time as the other lights on the building. Councilmember Schneeman stated that Council is concerned about the sign and the lighting of the sign because the Town Center development across the street will include senior housing and other housing. Mr. Paster stated that the sign will be just like all the other signs on the center in terms of lighting. Councilmember Schneeman responded that the existing signs would not be allowed any more. She asked Mr. Paster to work with Council to see if something can be done to reduce the impact of the sign. Mr. Paster stated that the intensity of the sign will be no different than that sign that was on the space in the past. The pictures and drawings that have been submitted do not represent what is actually going up. It is consistent with other signs — it is neon with a plastic red face on the front. There is gold trim on the outside edge and that will not be lighted. The letters are three feet tall and they will be replacing a sign that had four foot letters. Councilmember Krebsbach asked if the applicant would consider just using Royal Star rather than Royal Star Liquidators on the sign. Mr. Paster responded that Royal Star Liquidators is the company's name. It is a retail shop in a retail shopping center. He stated that with the assistance of the city, he has changed the character and tone of the shopping center from the time that MGM came. It is now a very nice looking shopping center compared to what was a warehouse shopping center in the past. It is wonderful that there is a new center going across the street, but that is not the Plaza. As his plans go forth for expanding the center, he will go for the Town Center concept. This business is a liquidator, and he does not have their permission to change the name of the company. Royal Star is selling brand new furniture — it buys over runs and close outs and overstocks and sells them at a deep discount. The firm is leasing 20,000 square feet of space for five years. Royal Star Liquidators is a first class operation and is leasing an area of the center that has been closed up for a long time. Page No. 29 May 7, 2002 Councilmember Vitelli stated that he feels Mr. Paster and his client are following the city's rules. Council some time ago signed a signage agreement for the Plaza, and the sign conforms to that policy. He stated that Royal Star Liquidators is the company's name, and while he does not like the sign any more than other Council members, it does comply. Mayor Mertensotto asked Mr. Paster if he will guarantee the intensity of the lighting in each letter will not be any greater than any of the other signs and that the lighting will be uniform for all the letters. Mr. Paster responded that he will. Co-uncilmember Krebsbach stated that the sign is not consistent with the signage that Council is planning for Town Center. She feels the sign will not be an advantage to the shopping center and stated that it is not creative. Councilmember Vitelli moved to authorize the issuance off a sign permit for the sign as proposed, with the condition that lighting be uniform across all the letters and that the intensity will be no greater than the other signs in the shopping center. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 1 Krebsbach ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:10 a.m. X"athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor