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2001-04-03 City Council minutesPage No. 1 April 3, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 3, 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: Acting Mayor Dwyer, Councilmembers Krebsbach, Schneeman and Vitelli. Mayor Mertensotto had notified Council that he would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on March 20, 2001. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 5h, restriction on sale of phosphorous fertilizer, and 5a, Parks and Recreation Commission minutes, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 27, 2001 Planning Commission meeting. b. Acknowledgment of the building activity report for March. c. Acknowledgment of the city's share of the NDC 4 2000 Franchise Fee. d. Authorization for the purchase of a Hewlett-Packard 450ODN color network printer from CDW Government for a cost of $3,749.98 plus tax and shipping, to be financed by the Administration Department capitol outlay. Page No. 2 April 3, 2001 e. Rescinding of Resolution No. 01 -11, "RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED REDUCTION IN SIZE OF EXISTING TAX INCREMENT FINANCING DISTRICT NO. 1 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN RELATING THERETO, THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR MUNICIPAL DEVELOPMENT DISTRICT NO. 1, AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2 THEREIN AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO." f. Adoption of Resolution 01 -14, "RESOLUTION APPOINTING MENDOTA HEIGHTS REPRESENTATIVES TO THE RECONVENED JOINT MINNEAPOLIS ST. PAUL INTERNATIONAL AIRPORT ZONING BOARD." g. Approval for the issuance of an on -sale 3.2 Non- Intoxicating Malt Liquor License to Mendota Heights Par 3 Golf. h. Approval of the list of contractor licenses dated April 17, 2001. i. Approval of the List of Claims dated April 17, 2001 and totaling $60,920.11. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PARK AND RECREATION Councilmember Schneeman stated that she would like to discuss COMMISSION MINUTES park cleaning and that she would like to work with Assistant Hollister to set up a park cleaning day in May. She informed the audience that residents will be solicited to help with the clean up activity. Councilmember Schneeman moved to approve the minutes of the Parks and Recreation Commission meeting held on March 13, 2001. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Page No. 3 April 3, 2001 LAWN FERTILIZER Council acknowledged a memo from Administrator Lindberg and a proposed resolution relating to restrictions on the use and sale of phosphorous lawn fertilizers. Councilmember Vitelli stated that he understands the affect that adding phosphorous to fertilizer can do to water but that he has a problem with the proposed legislation because of enforceability. Council is looking at legislation that the state is considering. They are checking with the cities to see if they agree. The problem is that the law would relate only to lawn fertilizer and not to agricultural or home garden use. He did not know how the legislation could be enforced and read the exceptions for the audience. A new state department would be needed for the enforcement of phosphate sales. He felt that all fertilizer that contains phosphorous should be banned and pointed out that the proposed law would be a burden on the retailers. He informed the audience that the city uses no phosphates in any of the fertilizer that it uses. He felt that the proposed legislation is a piecemeal approach to the problem. Acting Mayor Dwyer stated that this is a major undertaking for the city to do on the basis of a consent calendar. All of the Councilmembers are in favor of clean water, and the exception for agricultural use is a serious one. The Minnesota River is in danger because of agricultural runoff. He joined Councilmember Vitelli in opposing the proposal as a simplistic approach to the problem. Councilmember Schneeman agreed. Acting Mayor Dwyer directed the city administrator to pass Council's comments on to the cities that are asking for Mendota Heights to adopt the resolution and to inform them that Council is very much in favor of clean water but this is not the answer. PUBLIC COMMENTS Ms. Brenda Machacek stated that she is concerned about the intersection of Delaware Avenue and T.H. 110. The danger of the intersection has come into attention again because of a recent fatal accident in front of the high school. Since she moved to the city, there have been several accidents at the intersection, and there should be an arrow from Delaware onto the highway to provide a protected turn onto T.H. 110. Acting Mayor Dwyer stated that he raised the same concern two years ago when the last accident occurred and Public Works Director Danielson contacted the appropriate authorities at that time. Page No. 4 April 3, 2001 Mr. Danielson stated that Delaware is a county road and T.H. 110 is a state highway, so the city does not have jurisdiction. The city asked those agencies to add a left turn arrow, and he received a letter of support from the state today. Dakota County has agreed that there should be a left turn arrow. He stated that this would be a very costly project because additional right-of-way would be needed. He stated that he will report at the next Council meeting and will send a letter to Ms. Machacek. CASE NO. 01 -03, CSC Council acknowledged a memo from Assistant Hollister relative to continued discussion on an application from CSC Publishing for a front yard setback variance to allow construction of an office building at 1155 Northland Drive. Mrs. Linda Cress was present on behalf of CSC. Ms. Cress stated that the issues that need to be addressed are the roof color, the trash enclosure and landscaping. She proposed that the roof color be changed to slate gray. She informed Council that the architect's new plan shows the enclosure attached to the front of the building, which she and Mr. Cress would not be happy with. She asked if the enclosure can be moved to the back of the building. She stated that they provide another curb cut so that the garbage track could get to it. Assistant Hollister stated that he would need to verify that there would not be a setback problem. Ms. Cress stated that 58% of the lot is covered by easements and setbacks and they are trying to work within those constraints. She asked if the code enforcement officer can make a suggestion to her about where to locate the enclosure. Councilmember Krebsbach encouraged Ms. Cress not to incur another variance. Councilmember Schneeman stated that the trash enclosure would not look good in the front of the building. She pointed out that this is a very unusual lot. Public Works Director Danielson suggested that Ms. Cress meet with the city planner. He stated that the city requires that it be attached to the building and this is probably the one location where it could be attached without a setback violation. Page No. 5 April 3, 2001 Ms. Cress informed Council that the original landscaping plan has been enhanced as Council directed. Councilmember Vitelli stated that he feels the gray roof color is fine and that the landscaping is fine. Councilmember Krebsbach asked if it would be possible to add some trees on the TH 55 side of the site. She stated that she drives the highway often and notices what it looks like. Other businesses have installed additional landscaping along T.H. 55. She asked Ms. Cress if she could add two evergreens in the area along 55. Ms. Cress responded that there are trees all around the perimeter of the lot but that she would have no problem with adding the extra trees. Responding to a question from Acting Mayor Dwyer, Public Works Director Danielson stated that the parking plan is in compliance with code. Acting Mayor Dwyer informed Ms. Cress that until the trash enclosure issue is resolved Council cannot act on the application. He informed Ms. Cress that Council is in support of what has been presented, with the addition of the two trees to the landscaping plan. He asked whether the city has an problem with the sixty day rule. Assistant Hollister responded that the city can extend it for another 60 days and that he will interpret this action as making that extension. Administrator Lindberg stated that staff will set up a meeting with the planner for Monday afternoon for discussion over the trash enclosure, if Ms. Cress is available. CASE NO. 01 -04, UNITED Council acknowledged an application from Visual Communications PROPERTIES on behalf of United Properties for a front yard setback variance for a monument sign. The matter was tabled until such time as the applicant can be present. HEAVER DEVELOPMENT Council acknowledged a memo from Public Works Director Danielson regarding continued discussion on the proposed construction of a home by Heaver Development on Lot 1, Block 2, Ivy Falls South. Mr. Heaver was present for the discussion. Page No. 6 April 3, 2001 Acting Mayor Dwyer stated that the Council members have received numerous phone calls from residents in the area. Almost six years ago, as Mr. Heaver was moving forward with this project, there were negotiations on many issues. One of those issues was the height of the structure on this lot. The agreement that was struck was that the home would be limited to one and one half stories. Mr. Heaver stated that he has applied for a building permit. He has made some modifications to the plan since the last discussion. It is still a one and one-half story structure but different roof line and the same back. Acting Mayor Dwyer stated that the issue for Council is what constitutes a story and a half. Mr. Heaver presented documents defining a one and one half story structure. He stated that the front is one story with dormers. This is a walk-out lot, so a one and one-half story home on a walk-out lot could look like a three story home. He stated that he tried to minimize the impact of the home by putting an 8:12 roof line on it. He stated that he incorporated a deck on the back and incorporated the story and a half. He stated that he has also prepared drawings of what could be built versus what he is proposing. Councilmember Schneeman asked how many square feet are in the structure, including all levels. Mr. Heaver stated that he is not finishing the basement at this time. There would be about 4,000 square feet of space on all three floors. He stated that he has taken a lot of concern to work within the budget and design to minimize the impact to the neighbors. Councilmember Vitelli asked the height from the ground level at the back to the peak of the roof. Mr. Heaver responded that it is about 40 feet. Councilmember Kxebsbach referred to the minutes of the June 6, 1995 meeting. The entire development failed on a vote. On the basis that some kind of accommodation would be found, she did not vote against the development. She suggested that two lots be removed, and in order for the development to be approved by Council, the agreement was that they were going to limit the house on this lot to one and one half story. Council did not say anything about dormers. The interest was not what it would look like from Page No. 7 April 3, 2001 the front. Council was interested in what it would look like from the back. Mr. Heaver stated that is exactly what he is proposing. Councilmember Schneeman responded she noticed that even the Geller lot was supposed to be limited to one and one half stories. Mr. Heaver responded that the Geller home is a one story home with a loft. Acting Mayor Dwyer stated that there is an agreement that the lot would be limited to a one and one half story house. He stated that he read the minutes with interest as an impartial observer. Mr. Heaver's first offer to the city was that he would build a one and a half story walk out and his ultimately offer was that he would build a story and a half on the lot. That is what the development agreement says. It does not say a story and a half with a walk -out. Mr. Heaver stated that he cannot build a one story house if it is being looked at from the back. Councilmember Schneeman responded that he could build a one story walk -out. In response to a question from Councilmember Vitelli, Mr. Heaver stated that the height to the eave is 9 feet. Councilmember Vitelli stated that the roof line goes up two and one half times the first floor of the house. He asked if that is supposed to be a one and one half story house. He stated that he thinks of a one story as 10 feet for the first floor with a six foot gabled roof and a total height of about 16 feet. Mr. Heaver is proposing a front view to be 35 feet and the back 45 feet or more. Mr. Heaver stated that the house has a roof line of 28 feet from the front elevation grade. Councilmember Krebsbach stated that on June 6, 1995, the council would never have approved this plat if they anticipated playing games about this house on this lot. This was pivotal to the development and it would not have been approved by Council without the agreement on these lots. If Mr. Heaver had described this house from the back during that discussion, the development would not have been approved. Page No. 8 April 3, 2001 Mr. Heaver responded that he was not asking for any variances for this development and he made concessions because he did not want to spend two years in court. He stated that he has followed the rules. Councilmember Vitelli responded that Mr. Heaver has also alienated all of the neighbors by calling the Geller home a one story house. He stated that he has never received so many calls on an issue. City Attorney Dan Schleck stated that there is a clear definition in the Zoning Ordinance on what constitutes a story. The ordinance states that an exposed basement shall be called a full story, and as he sees this proposal, the house is a two and one half story house. Mr. Heaver responded that what he is being told is that he can only build a four foot roof line on the front of this house. Acting Mayor Dwyer asked for comments from the audience. Mr. James Toonen, owner of the subject lot, stated that Mr. Heaver is going to build the house for him. He read a citation from the general building codes of 2000 which described a basement. Councilmember Schneeman stated that there is another description of a basement and if fully exposed like this one, it is considered a full story. Mr. John Bland, 1431 Cherry Hill Road, stated that he received a letter from Mr. Danielson inviting him to comment. He concurred with Council's opinion on what constitutes a one and one half story home. His home has a basement which is one half story above grade and he believes that classifies his home as a story and a half. The back of his roof is 20 feet above the grade. The proposal by Mr. Heaver has a roof about 30 feet above grade. The drawings show three levels. The back of the roof is about 40 feet above grade from the lower level entrance. His opinion is that a permit should not be issued. Also, he did not think the house on the west side of K.nollwood is in keeping with the agreement either. Mr. Preston Smith, 1416 Cherry Hill Road, stated that his lot is adjacent to this parcel. He stated that everyone knew six years ago that this would be a very difficult parcel to develop. It took a great deal of grading for this development and when he saw the original grading plan he had grave concerns over what he would ultimately be looking at. He is still concerned. Six years ago he started looking at Heaver homes. They all possess very large and dramatic roof Page No. 9 April 3, 2001 lines. All of the existing homes in the neighborhood were built with single trusses. He showed photos of what the neighbors see from their back yard. The people in the neighborhood refer to the Geller home as a ski chalet, because it is an incredibly imposing structure, especially if it is considered a one story house. When the neighbors received the city's letter they unanimously agreed that this is not what they anticipated six years ago. There were real and legitimate concerns by the Council when this development was put forth by Mr. Heaver. Those concerns are even stronger now, especially after seeing the ski chalet. That house came about without adequate discussion. He stated that he hopes Council carefully considers what will be built behind his home. Councilmember Krebsbach stated that Lots 16 and 17 were pivotal to gaining Council approval for the development. Council always meant that they were to be basically one story homes. Approval of the plat would have failed. Mr. Smith stated that even though Mr. Heaver is saying he has reduced how high the roof could be, this was an existing neighborhood and there was considerable grading done during the development of this plat to accomplish the grade that exists today. Ms. Patty Krause, 1440 Cherry Hill Road, stated that one thing she has not heard was over the issue of drainage. This is a ponding area and that was the main concern with the one story and one and one half story structures. The neighborhood was concerned over drainage. She stated that she has had three floods in her basement and back yard since the Geller house was built. The issue is not just aesthetics. Councilmember Krebsbach stated that there were many issues that converged on the agreement. Drainage was a main issue. Those two lots were pivotal to the development being approved. Ms. Michelle Hanson, 1432 Cherry Hill Road, stated that she has also experienced a lot of flooding. It has even kept her children from playing on their play structure. A berm has been installed but that just brought weeds into her yard. She stated that they are next in line to have a home built behind them and wondered what she will have to look at. She moved in a year after the development was approved, and she has talked with Mr. Heaver. Mr. Heaver has done some things to help deal with the water issue but she feels he is pushing things beyond the limits. This is not fair to the neighbors. Page No. 10 April 3, 2001 Mr. Gary Gustafson, 1423 Cherry Hill Road, stated that when this was originally approved, it was approved for a one story house on that lot. This proposed house has two levels above grade. The neighbors are certainly willing to have a one story house built, but their concern is the height and the impact of these huge houses on their lots. He encouraged Mr. Heaver to keep the home to one story. Mr. Preston Smith stated that a number of other promises were made and a number of other restrictions were imposed when this was approved. Many of them were not kept, including keeping existing trees, landscaping that was never installed and four homes that were to have an 18" high berm placed behind them to take care of the water. There was a partial berm placed on the lot behind his and it was not 18" high. Most of that was eliminated when the house was built on the lot behind him and he has water damage to his home. Mr. Heaver responded that with respect to drainage on the back of the lots, particularly Lot 1, Block 2, there is storm sewer on each end of those lots and that water drains into them. Once the final grading is done for this house, the water will continue to drain to the sewer. He did not design the Geller home, but he did build it. He was concerned that it has a high roof line that impacts the neighbors. That is why he reduced the roof pitch on this structure. He stated that he is very sensitive to the neighbors and very sensitive to the development. All the homes that have finished landscaping on the back and he has done a good job of developing barriers between the homes. He stated that he has had several meetings with the neighbors. He has a potential buyer for Lot 18 for a one story home with a walk out and a hip roof. Councilmember Schneeman asked who is building the house on Lot 2, on Knollwood Lane. Mr. Heaver responded that he is building it. Councilmember Schneeman stated that house is also huge in the back. She stated that the home is very large with three sets of windows. Mr. Heaver responded that the house is a two story walk out. Councilmember Schneeman moved to close the informal hearing. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Page No. 11 April 3, 2001 Councilmember Schneeman stated that there were many more phone calls and other people sent letters but did not comeot heard tonight. Councilmember Krebsbach moved to deny the building permit on the basis of the developers agreement that emanated from the June 6, 1995 meeting in which the development was agreed to on the basis that the two lots would be limited to a story and a half and on the basis of the City Attorney's opinion on the city's zoning ordinance definition of a what constitutes a "story." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Councilmember Vitelli moved that before any building permit is issued for this lot or the other lot on the comer, that the Public Works Director submit the plans for Council approval of the proposed structure, since this was such a pivotal issue in the agreement in 1995. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Mr. Gustafson asked Council to consider installing a stop sign on Cherry Hill Road at Ivy Falls Drive. He was directed to contact the Police Chief. Mr. Heaver stated that he is walking out of the meeting not knowing what Council wants. He has no guidelines and no interpretation of what a story and a half is. He did not know what to propose to Council, except that he could propose to sell the lots to the city and let the city pay the taxes. RECODIFICATION Council acknowledged an approved a recommendation from the City Clerk that the existing Civil Defense ordinance be replaced with Emergency Management Organization provisions supplied by Sterling Codifiers. COUNCIL COMMENTS Councilmember Krebsbach stated that she believes the zoning ordinance speaks to what a story and a half is, and that staff should give a copy of the provisions to Mr. Heaver so that he is clear on what it says. Acting Mayor Dwyer stated that Council did agree to a one and one half story and will abide by that agreement, but one and one half story must be based on the city's ordinance and Council's understanding. Page No. 12 April 3, 2001 Councilmember Schneeman stated that she would like someone to contact Mr. Heaver and invite him to meet with a Council subcommittee. Councilmember Krebsbach stated that there were key lots identified and Mr. Heaver has been able to develop the rest of the plat as he wished. Councilmember Vitelli reported that staff is installing the computer firewall today. He also recognized a news article that indicates that Mendota Heights has the lowest tax rate of any city in Dakota County. Treasurer Shaughnessy called Council's attention to another article regarding proposed legislation that would take away over $400,000 in HACA from the city. Councilmember Krebsbach responded that she does not think residents of the state understand that people from Mendota Heights and similar cities do not benefit from state funding of K -12 education. Acting Mayor Dwyer stated that the MHAA is at the point of snapping and is looking for financial help. He stated that it is a great program that is done completely by volunteers. Acting Mayor Dwyer congratulated Attorney Schleck on the recent birth of his son. Administrator Lindgren informed Council that Recreation Coordinator Mary Hapka gave birth to a baby son yesterday. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:53 p.m. 1 1'°G_�� /`I,s' `�.1%'„ G(�•r /ter � 1n_ r s Kathleen M. Swanson City Clerk ATTEST: Page No. 13 April 3, 2001 Charles E. Mertensotto Mayor