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2001-08-07 City Council minutesPage No. I August 7, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 7, 2001 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. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Schneeman and Vitelli. Councilmember Krebsbach had notified Council that she would be late and arrived at 8:30. AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on July 24, 2001. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 5e, agreement with Steve Eriksson, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 31,2001 Planning Commission meetings. b. Acknowledgment of the building activity report for July, 2001. c. Authorization for execution of an agreement with Barr preparation of a Natural Resources Management Plan. d. Authorization to schedule a Council workshop for Police Chief candidate interviews at 6:00 p.m. on Tuesday, August 14.1 e. Approval of the list of contractor licenses dated August 7, 2001. f. Approval of the List of Claims dated August 7, 2001 and totaling $74,145.43. Page No. 2 August 7, 2001 Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 EFJKSSON AGREEMENT Council acknowledged a memo from Administrator Lindberg regarding a proposed revised agreement with Town Center real estate consultant Steve Eriksson. Mayor Mertensotto felt that the agreement exceeds the authority given to Mr. Eriksson with respect to fees. He stated that he does not want to set up a team where Mr. Eriksson would work with Mark Savin. Councilmember Vitelli responded that he does not think Council can manage his activity on a day to day basis. He felt that Council should assume Mr. Eriksson is doing his job as best he sees fit. Councilmember Dwyer responded that the Mayor is concerned with the second sentence of the third paragraph of the agreement. The letter would be acceptable if it sets out some scope of the undertaking. Mayor Mertensotto stated that Mr. Eriksson is asking for additional consulting services and that he is not being hired to make any presentations or to provide additional consulting services. He was retained to negotiate with the land owners and come back to Council. Councilmember Vitelli felt that Council has sufficient control and if Council senses this is taking tones of expansion, Council can address that quickly since Council meets every two weeks. He felt Mr. Eriksson should work as a team with the city's legal advisors. He felt the agreement is acceptable as written. City Attorney Schleck stated that the Mayor has raised an important issue. There needs to be some control, and it is just a question of to what degree. The way the agreement is written, the city can terminate the contract at any time. Council is setting the scope of work and it would not significantly change the agreement to delete the objectionable sentence. The agreement allows the city to control expenses through termination. Councilmember Dwyer stated that he felt the most objectionable comment in the letter was the reference to acquiring additional Page No. 3 August 7, 2001 property. He further stated that he did not recall Council asking Mr. Eriksson to participate in presentations. Administrator Lindberg noted that in his letter, Mr. Eriksson does state that he "may be asked" to acquire additional properties or provide consulting services. She did not think the agreement would be materially changed to delete that language. Councilmember Dwyer stated that he felt Council has set the scope of services and that the last two sentences on the first page of the agreement should be deleted. Councilmember Dwyer moved to approve the revised agreement with Steve Eriksson, amended to delete the last two sentences on the first page, and to authorize Mr. Eriksson to proceed with negotiations with fees to be capped at $25,000. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 NATIONAL NIGHT OUT Councilmember Schneeman announced that the Police Department is sponsoring "National Night Out" at Mendakota Park this evening. MENDOTA HEIGHTS Council acknowledged a letter from the Mendota Heights Athletic ATHLETIC ASSOCIATION Association requesting an opportunity to present information to Council regarding MHAA. Mr. Tim Milner, President of MHAA, was present for the discussion. Mr. Milner gave Council a presentation on the history of MHAA, demographics, comparisons of the recreation budgets and activities of Mendota Heights and other communities, current and potential future MHAA sports programs and current and future MHAA needs. He stated that MHAA plans to hire a program manager at an annual salary of $30,000. That would cause a significant increase in fees — increasing membership to $40 and a $10 increase per participant. He stated that MHAA would like the city to contribute $20,000 towards the salary. MHAA also needs facilities and office/storage space. He further stated that MHAA would like the city's assistance in negotiating with the school district to have the district recognize MHAA as the "de facto" park and recreation department, which would save MHAA up to $25,000 in facility rental fees. The two private schools give MHAA access to their facilities and do not charge anything. He stated that there is a serious field safety issue at Mendakota Park — netting is needed — and asked that the issue be addressed before the next ball season. Page No. 4 August 7, 2001 Mayor Mertensotto stated that the school district covers more than Mendota Heights, but by the same token, MHAA allows non- residents. Mr. Milner's report does not address that over the years, from the city's first bond issue for parks, the city has been investing in park acquisition and development. The city budgets about $450,000 per year for parks and recreation and pays $300,000 per year on the bonded debt for the Mendakota Park facility. Part of that bond issue also made it possible to buy the Kensington Park land that provides the soccer fields. He felt the city has done an excellent job in providing recreation facilities. Mr. Milner responded that MHAA is not saying the city has not provided facilities, but rather, that there are not enough facilities. Mayor Mertensotto stated that MHAA is asking the city to contribute towards administrative expenses. Council does not know whether the person would also be covered under charitable gambling. He pointed out that MHAA is picking up revenues from charitable gambling, and the city does not know how MHAA is operated. Mr. Milner responded that the money will come from somewhere. If the city would rather contribute $15,000 towards t -ball, MHAA would not have to pay for t -ball and could divert that money towards staffing. Councilmember Dwyer stated that if MHAA does not provide the staffing, the city will ultimately have to provide that staff. The residents have an expectation that there will be athletic programs. Mr. Milner responded that MHAA is starting to take over more of the responsibilities that other cities handle through staff. MHAA is going to go forward even if the city does not participate. Councilmember Schneeman stated that if the city were to take over the athletic programs a lot of parent involvement would be lost. Councilmember Dwyer stated that the city would probably do the scheduling and parents would likely continue the coaching. Mayor Mertensotto asked Mr. Milner if MHAA is asking the city to find it space since MHAA will be losing its office space when Town Center moves along. Mr. Milner responded that does not know what it will do for space. Page No. 5 August 7, 2001 Mayor Mertensotto stated that there is certainly space available in the shopping center for a price comparable to what MHAA is paying for the Tom Thumb space. There are alternatives, and MHAA needs to do more in depth planning. Councilmember Krebsbach thanked Mr. Milner for his presentation and applauded the parents to continue to volunteer their time coaching, etc. Mayor Mertensotto stated that the budget process will be starting soon and will know within the next six weeks where the city stands financially and to what extent taxes will need to be increased. The city will lose $487,000 in HACA next year and will not receive off- setting compensation. In order to meet necessary expenses, it may be necessary to increase taxes. Council will take MHAA's request into consideration at budget time. Councilmember Krebsbach stated that the state is moving resources from city government to school districts. An example of a benefiting city is the City of Winona, which will get over $1 million more in aids whereas Mendota Heights will lose its state aid. Councilmember Dwyer stated that Council should continue its dialogue with MHAA and asked Administrator Lindberg to schedule another meeting in a couple of months. Mr. Milner asked for Council's assistance with the school district. He asked for a letter stating that MHAA is acting on the city's behalf since it provides a service that would otherwise by provided by the city's recreation department. Councilmember Schneeman asked how much the city paid for the Sibley High School park. She stated that went there one day and it was locked. Mr. Milner responded that he does not have the keys and it is not under MHAA control. He did not believe any MHAA team set foot on that park this year. MHAA has always felt that it has not had any benefit from those fields and needs the city to advocate on the use of the fields. Mayor Mertensotto expressed concern over city involvement in negotiations with the school district given that MHAA receives funding from charitable gambling. Page No. 6 August 7, 2001 SLURRY SEAL BIDS Council acknowledged a memo from Engineer Marc Mogan regarding the bid for the 2001 Slurry Seal project. Ayes: 5 Nays: 0 Engineer Mogan explained that only one bid was received, from Struck & Irwin Paving, which is the contractor that has done all of the slurry sealing in the city for the past 12 years. He stated that he expressed his concern to the contractor about some of the problems the city has seen with the mix. Council may wish to reconsider the whole program after this year - there is another product now that may be a good alternative. The city may also wish to reevaluate how maintenance is done. Councilmember Vitelli moved to award the 2001 Slurry Seal Project to Struck & Irwin Paving, Inc., for its bid in the amount of $55,146. Councilmember Schneeman seconded the motion. Councilmember Dwyer moved to direct the engineering department to provide Council with an interim report in 120 days about why the city should continue with slurry sealing and also provide information on alternatives. Councilmember Krebsbach seconded the motion. CASE NO. 01 -17, MARVY Council acknowledged an application from Mr. & Mrs. Robert Marvy, Mr. & Mrs. Richard Dvorak and Mr. & Mrs. James Awada for lot line adjustments for their properties at 1837 Summit Lane, 1831 Summit Lane and 1825 Summit Lane. Council also acknowledged associated staff reports. Administrative Assistant Hollister briefly reviewed the application for Council, stating that the applicants filed a joint application for lot line adjustment. In the early 1980's, they each bought a lot and built homes. Unfortunately the contractor used the wrong stakes. The applicants have had no problems for the past 20 years but they are concerned that improvements they have made to their properties over the years may cause problems if they sell their homes. Mayor Mertensotto stated that he spoke with the county surveyor and he said he has not seen the administrative survey. He also asked the surveyor about the utility easements. The easements will stay until such time as the city vacates them. The surveyor suggested that the city needs utility easement, by deed, five feet on each side of the lot line. He stated that he asked Assistant Hollister this afternoon to modify the proposed resolution approving the replat so that it is conditioned on the applicants providing deeds for utility easements Page No. 7 August 7, 2001 along the new lot lines. Otherwise, if there is a problem in the future, new owners would need to agree to granting the easements. The city would not want to go onto an easement that is ten feet onto another person's property. Once the deeds are submitted to the city, Council can vacate the existing easements. Councilmember Vitelli moved adoption of Resolution No. 01 -42, "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT AND LOT AREA VARIANCE FOR ROBERT AND FLORIE MARVY OF 1837 SUMMIT LANE, RICHARD AND HARRIET DVORAK OF 1831 SUMMIT LANE, AND JAMES AND SHARON AWADA OF 1825 SUMMIT LANE," as amended. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 CASE NO. 01 -18, SPATAFORE Council acknowledged an application from Mr. & Mrs. Scott Spatafore for conditional use permit and variances to allow an 840 square foot detached garage to be constructed eight feet from the property line at 1070 Chippewa Avenue. Council also acknowledged associated staff reports. Mrs. Spatafore was present for the discussion. Assistant Hollister informed Council that Ms. Spatafore would like to replace an existing detached garage that is 840 square feet and eight feet from the property line. She applied for a conditional use permit and size and setback variances. The Planning Commission recommended approving a new detached garage but not the variances. They recommended approving a 750 square foot garage ten feet from the property line. Mrs. Spatafore would like the larger garage to allow storage of their boat inside. Councilmember Vitelli stated that he spoke to the Planning Commission chairperson this evening. The commission is recommending denial by following the rules to the letter. There is an existing 800 square foot garage and the new one is proposed to be 840 square feet. The applicants currently have a garage four feet from the lot line and they propose to move it to eight feet from the property line. He felt that the proposal is reasonable. The new garage would improve the appearance of the garage facility, and the owners are trying to improve the appearance of their home. He supported the request for variances in order to allow the new garage. Mayor Mertensotto stated that he visited the property today. He lauded the applicants for being honest in saying they do not need the Page No. 8 August 7, 2001 variances and can build without them. He stated that he realizes they have a very wide lot, but width has nothing to do with granting variances. The question is whether the owner has reasonable use of his property without a variance. There is no hardship, other than that the applicants want to store their boat in addition to three cars in the garage. There are rules Council must abide by. Mrs. Spatafore admits she can build the garage without a variance and could even be seventeen feet from the property line. He stated that he told Mrs. Spatafore she could ask for an additional three feet. Mrs. Spatafore thanked the Mayor and the Council members who stopped by her home. She stated that she would like to remove the request for the setback variance. She had originally thought that an existing pine tree would be endangered if the garage were placed at the ten foot setback but that she checked with the University of Minnesota and they felt ten feet was an appropriate distance to a tree so that it would not be damaged. By allowing a 28 by 30 foot garage they could store their boat in the garage and still accommodate three cars. She stated that she was told if she wanted to build an attached garage, it could be 1,200 square feet. This is one of the oldest areas in the city and an attached garage would detract from the character of the neighborhood. All of her neighbors support the request, and it will not cause any detriment to anyone's property. Mayor Mertensotto stated that Council must follow the rules or it sets a precedent. Council had a request a few weeks ago for a detached garage with a workshop above and denied the request. A garage greater than 25 by 30 feet cannot be approved without a variance. Councilmember Schneeman pointed out that the Spatafores only are asking for forty square feet more than is allowed. Mrs. Spatafore stated that they have a larger garage now and it conformed to code when it was built. Councilmember Schneeman stated that if they do nothing, the 800 square foot existing garage could stay there in its state of disrepair. She felt Council should allow the additional 40 square feet. She stated that she would much prefer that the boat be stored in a garage. Today she received a complaint from people in that neighborhood because someone was parking trailers in his driveway. She drove by, and there was also a boat in the driveway. Page No. 9 August 7, 2001 Councilmember Dwyer stated that he feels Council should encourage people to improve their lots but on the other hand, Council must find hardship before approving a variance. Councilmember Krebsbach asked, since they have an 800 square foot garage, if the Spatafores could replace it with another 800 square foot garage. Mrs. Spatafore stated that she is proposing a garage that is 30 feet wide and 28 feet deep. The existing garage is 32 feet wide and 25 feet deep and does not accommodate three cars and a boat. Councilmember Vitelli felt that Council should review the ordinance, pointing out that it allows 1,200 square feet attached garages. Responding to a question, Mrs. Spatafore stated informed Council that there is a lean-to in the back to house a small tractor and lawn tractor. Those would be put in the new garage. The only other building is a play house. She stated that the new garage would not encroach on the setback and the new garage would include space provided by the existing lean-to. Mayor Mertensotto, stated that Mrs. Spatafore is asking for an additional three feet at the rear of the building to accommodate the boat. Attorney Schleck stated that because the applicants have an existing 800 square foot garage, one of the provisions of the ordinance on non-conforming uses says that if the structure is determined unsafe, it can be refurbished. That could be the way to get away from the need for a variance. If they could redo the garage in the same size and location, they would not need a variance. Council would need to make a finding of a hardship in order to grant a variance. Councilmember Schneeman stated that it is a hardship for the neighbors to look out at a boat in the yard. Councilmember Krebsbach stated that it seems that in terms of the garage and the shed next to it, it needs to be refurbished. She stated that the Spatafores already have as much storage space in the two structures as they are requesting. Page No. 10 August 7, 2001 Mayor Mertensotto stated that he has suggested to Mrs. Spatafore that the city could apply her planning application fee to her building permit. Councilmember Krebsbach suggested that the Spatafores refurbish the existing garage, and if it is moved to the proper setback, that would be a benefit to the city. Councilmember Dwyer stated that the recommendation would achieve what Council wants. There would be a new structure further off the property line, and the property would be enhanced. He agreed that refurbishing the existing garage would be appropriate, except that Council would want it moved off the property line. Councilmember Dwyer moved to adopt the Planning Commission recommendation to deny the conditional use permit and variances and to grant a building permit for refurbishment of the existing detached garage (including removal of the existing shed) that includes meeting the required setback and does not exceed 840 square feet. Councilmember Schneeman seconded the motion. Ayes: 5 Nays:0 Mrs. Spatafore Spatafore informed Council that the existing garage has shake siding and they will put vinyl siding on the garage and eventually on the house. CASE NO. 01 -19, PACE Council acknowledged an application from Mrs. & Mrs. Robert Pace for subdivision of 991 Wagon Wheel Trail into two lots. Council also acknowledged associated staff reports. Assistant Hollister briefly reviewed the application, informing Council that the existing home would be on Parcel B and that the applicants wish to build a new home on Parcel A. The Planning Commission recommended approval as long as existing non- conforming out buildings are addressed. The planner recommended that Council require removal of the shed that straddles the property line. Mayor Mertensotto stated that by ordinance the existing accessory structures will not meet requirements if the lot is divided. He stated that the encroachment of the accessory structure must be taken care of before a building permit is issued for the new home. Also, the plat should show five foot utility easements along the property lines. Ayes: 5 Nays: 0 Page No. 11 August 7, 2001 Councilmember Dwyer moved adoption of Resolution No. 01 -43, "A RESOLUTION APPROVING A SUBDIVISION FOR ROBERT AND PATRICIA PACE AT 991 WAGON WHEEL TRAIL," as amended. Councilmember Schneeman seconded the motion. Responding to a question from Councilmember Krebsbach, Mr. Pace stated that he has no plans for additional future subdivision. CASE NO. 01 -20, TROOIEN Council acknowledged from Mr. Dennis Trooien for front yard setback variances for signs for the DS of Centre Pointe (formerly GNB) building at 1101 Centre Pointe Curve. Council also acknowledged associated staff reports. Mr. Trooien was present for the discussion. Assistant Hollister informed Council that Mr. Trooien owns the former GNB building and would like to replace three of the existing GNB signs. All of the signs would be five feet from the property lines. The parcel on which the building is located is B-IA and the northern most sign is on a parcel that is zoned B-1. The variances are required for the setbacks and for a free standing sign on a vacant lot. The Planning Commission recommended denial of the application. Granting approval would approve a non-conforming use, and the Planning Commission felt Mr. Trooien should instead paint and improve the existing signs. Mr. Trooien stated that he is asking for Council's help to see if he can enhance the look and functionality of the signage. Right now it is a hodge podge. He does not have a tenant in mind for his building right now, he just wants to enhance the property so that he has good signage in place when he gets a tenant. He bought the building three years ago. GNB leased back about one-half of the building until last fall. The state now occupies about one-third of the building, and two-thirds of it is vacant. He has to reposition the building — creating an attractive multi-tenant building. To do that, he has to do something with the signage. There is a "toothpick" sign at T.H. 110 and there is also a sign at the north entrance. He would like a south entrance sign. The northern part of the building is the upper level, and the southern part is the lower level. He would like people to be able to quickly identify the north and south entrances when they visit the building. They cannot get from the north side of the building to the south side from inside the building because there is no elevator. He has renamed the building to Mendota Corporate Center and proposes a 200 square foot sign on the T.H. 100 side, which is the Page No. 12 August 7, 2001 same size as the existing sign. It is set back between five and ten feet from Centre Pointe Curve. He would like to keep that setback but move the sign closer to the intersection. He is also requesting two 100 square foot signs to create the north entry and south entry. Mayor Mertensotto stated that Roseville Properties has signage on Lexington across from the GMI3 entrance. He stated that he would not have any problem with a sign design similar to that sign. He informed Mr. Trooien that he is sure that Mr. Cullen would be happy to work with him to achieve uniform signage. Mr. Trooien responded that it appears that the Roseville Properties sign is much closer to Lexington than 50 feet. He stated that if he is not able to move the monument sign on T.H. 110, he will paint it and leave it. The sign he proposes would be much better looking. He stated that he is proposing north and south entry signs of the same size as the medical center sign. He stated that the medical center sign is closer to the property line than 50 feet. If Council strictly enforces the setbacks, the B-1 would have either a 20 or 30 foot setback. He stated that perhaps he could live with something in the 20 foot range. By the GNB building, there is a 100 foot setback requirement from Lexington, which is basically the building setback. Mayor Mel tensotto stated that he would like continue the matter and would like Mr. Trooien to speak with Mr. Cullen about the design. Councilmember Krebsbach stated that her first reaction to the proposal was to deny it, as recommended by the Planning Commission, but that she could agree to continuing the matter for further discussion. Councilmember Dwyer stated that he would like to compare what Mr. Trooien is requesting to what was approved for SuperAmerica and the bank. He stated that there should be a balance, and perhaps if Council gave SuperAmerica and the bank assistance on the setbacks, it should give Mr. Trooien the same consideration. Mr. Trooien stated that he will consent to an extension of the 60 day rule if Council decides to continue the matter. Councilmember Dwyer moved to continue the matter to the first meeting in September and acknowledge extension of the 60 day rule. Councilmember Schneeman seconded the motion. Ayes: 5 Page No. 13 August 7, 2001 Nays: 0 CASE NO. 01 -21, Council acknowledged reports from Administrative Assistant ZONING ORDINANCE Hollister and the City Planner relative to the Council initiated AMENDMENT application for an amendment to the Zoning Ordinance to allow residential treatment facilities as conditional uses B-1 Zoning District. Mr. Bob Haven and Mr. Joe Christianson were present on behalf of Haven Chemical Health. Assistant Hollister reviewed the proposed zoning ordinance amendment, which was initiated by the city. Councilmember Dwyer asked what the concern is about restricting how many times people can come back. Mayor Mertensotto responded that Mr. Haven told him that no treatment period would be longer than 30 days but there may be occasions where someone would come back for a limited stay. He stated that at this time Council is dealing with an existing applicant and Council would want to know that any future owner/operator would know the conditions of the ordinance. The originally proposed language was 30 days within any given calendar year because Haven said this is a 30 day program. He stated that Council does not want this to become an overnight facility. The planning commission also recommended a condition on a 24 hour awake staff. He stated that Council does not want to tell Haven how to run its business. This is the enabling ordinance, and he did not think that the recommended language should be included in the ordinance. Mr. Haven responded that he has no problem with the language, as he would not want to pay someone to sleep. Councilmember Schneeman stated that she was not aware that the home next to the Haven facility is a day care provider. She asked if the city issued a license. Councilmember Krebsbach stated that she cannot support the rezoning of this parcel to B-1. She felt that would be spot zoning. Mayor Mertensotto responded that he understands Councilmember Krebsbach's concern about the potential for a convenience station in the area, but the lots are not large enough for that use. Council does not do spot zoning, and in this case, the property is guided limited business. Page No. 14 August 7, 2001 Attorney Schleck stated that the LB-PUD section of the zoning ordinance stipulates that LB-PUD uses must meet the requirements of B-1. Councilmember Krebsbach stated that she is concerned for the neighbor having a treatment facility next door to a day care center. Although the Bjorklunds are running their business out of one of the homes on Condon Court, it is still a residence. She was concerned about chipping away a set of residences. Councilmember Schneeman pointed out that the neighbors were aware that the properties would someday be rezoned, given the comprehensive plan designation. She stated that she does not think, anyone would build a house on Condon Court again. Mr. Christianson stated that in affect, the city has already designated the parcel as B-1, as the comprehensive plan designation of LB-PUD sets the destiny of the zoning. Councilmember Dwyer stated that the neighbor did not have any objections to the proposal from Haven. Councilmember Krebsbach stated that she is concerned about deterioration in terms of how the city approaches small areas that are going to transition. Councilmember Dwyer responded that what Council is doing is consistent with what was done when the property was guided LB. Mayor Mertensotto pointed out that all of the Visitation property is also guided commercial. Councilmember Krebsbach stated that she does not want Council to create problem properties and is concerned about deteriorating the quality of the residential experience for the neighbors. With respect to the language restricting the stay to 30 days and no more than 3 subsequent admissions within a calendar year, Mr. Christianson stated that when a resident goes through the program, it is possible that she could relapse in six months. One way of dealing with that would be to go back through the program. Mayor Mertensotto stated that Council wants to be sure that there is a restriction so that the facility does not become a rooming house on Page No. 15 Aug-List 7, 2001 future sale. The conditional use permit that is issued can require that if someone requires limited treatment from relapse they could come back no more than two times. Mr. Haven responded that someone could come back for a peribd of stabilization for three to ten days. It was the consensus to approve the language recommended by' the planning commission. Councilmember Vitelli stated that he feels the planning commission did an excellent job and he supports their recommendation for approval. Mayor Mertensotto stated that the Haven Chemical proposal islan excellent and innovative program and Mendota Heights is providing support for them. He did not feel at all that neighboring properties would be depreciated. Councilmember Dwyer moved adoption of Ordinance No. 3621 "AN ORDINANCE AMENDING ORDINANCE NO. 401," as amended to include sections (f), (i) and 0) as recommended by the Planning Commission. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 01 -22, HAVEN Council acknowledged an application from Haven Chemical H(-,alth CHEMICAL HEALTH for rezoning of 2535 Condon Court to B-1. Council also acknowledged associated staff reports. Councilmember moved adoption of Ordinance NO. 363, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember seconded the motion. Ayes: 4 Nays: 1 Krebsbach CASE NO. 0 1 -23, HAVEN Council acknowledged an application from Haven Chemical Health CHEMICAL HEALTH for a conditional use permit to allow a residential treatment facility at 2535 Condon Court. Council also acknowledged associated staff reports. Mr. Christianson stated that he only has one comment with respect to the conditional use permit. They have no objection to the conditions in the resolution, but that Haven plans to have an open house and Page No. 16 August 7, 2001 would need to be able to park more than ten cars at the facility during the open house. He stated that Haven would be happy to let the police department know when the open house will be held. Mayor Mertensotto responded that parking for day to day operations is limited to ten cars at any given time. He also stated that the third condition should read that the owner/operator (rather than Haven Chemical Health) shall submit an annual report. Councilmember Vitelli moved adoption of Resolution No. 01 -44, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL TREATMENT FACILITY AT 2535 CONDON COURT," as amended. Councilmember Dwyer seconded the motion. Ayes: 4 Nay: I Krebsbach RECESS Mayor Mertensotto called a recess at 10:55 p.m. The meeting was reconvened at 11:05 p.m. TOWN CENTER REZONING Council acknowledged an application from Carolyn Krall, of Landform, on behalf of the city, for the rezoning of the Town Center parcels from R-1 and B-2 to MU-PUD. Council also acknowledged associated staff reports. Assistant Hollister reviewed the Planning Commission discussion and recommendation. Mayor Mertensotto noted that at the last meeting, Council adopted and amendment to the zoning ordinance to provide for MU-PUD districts. Councilmember Dwyer stated that the ordinance is now effective and Council wishes to rezone the Town Center parcels to be consistent with that ordinance. Mayor Mertensotto stated that staff should make certain that the parcel descriptions in the proposed ordinance are correct. Assistant Hollister responded that Faegre and Benson have reviewed the legal descriptions and staff is confident that they are correct. Faegre and Benson recommended a paragraph at the beginning of the ordinance to state that all properties within the boundaries of Town Center would be rezoned. Page No. 17 August 7, 2001 Mr. Brian Birch, 755 Willow Court, owner of property in the Town Center area, was present to oppose the MU-PUD designation. He stated that he feels that his rights have been circumvented and that the city has discriminated against him because it has not approved development proposals that he has presented in the past and imposed a moratorium on development. He stated that on July 10 he received a letter from the city that said that if he did not negotiatiate with the city in 30 days, his land would be taken by eminent domain. He stated that the city will have to take his property by eminent domain because he does not like the way he has been treated. Mayor Mertensotto asked Mr. Birch if he does not want the city's negotiator (Mr. Eriksson) to contact him. Mr. Birch responded that two days after he received the letter from Mr. Eriksson he had a meeting with him. Mayor Mertensotto stated that the city has contracted with Mr. Eriksson, who is a procurer of real estate for private and public bodies. He is contacting property owner to discuss with them whether they wish to set up a dialogue with the city to discus the terms and process of purchase. Councilmember Dwyer stated that Mr. Eriksson is authorized to talk to Mr. Birch and if Mr. Birch does not want to talk to him, he should let Council know. Mr. Birch responded that he would like a copy of the city's agreement with Mr. Eriksson. Responding to a question from Councilmember Krebsbach, Assistant Hollister stated that the Planning Commission asked Council to consider whether Council wants to include the animal hospital in Town Center. The commission's hearing did not include the animal hospital property, but the chair asked him to convey the commission's interest with respect to the animal hospital to Council. The underlying zoning for the Town Center property is now MU- PUD. Mayor Mertensotto responded that the animal hospital is not included because its owners expressly requested that it be excluded. Councilmember Krebsbach stated that she would like it to be clear that including the animal hospital is an action Council does not want to take. Page No. 18 August 7, 2001 Councilmember Vitelli moved adoption of Ordinance No. 364, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman announced that the American Cancer Society Relay for Life will be held at St. Thomas Academy on August 10 and 11. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to a workshop at 6:00 p.m. on August 14 for Police Chief candidate interviews. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:38 p.m. -�� "Z;Z?" A Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor