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2000-08-01 City Council minutesPage No. 1 August 1, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 1, 2000 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber and Krebsbach. Councilmembers Dwyer and Schneeman had notified Council that they would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to move item e, Slurry Seal project, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the NDC4 June 7 full commission meeting and July 12 Executive Committee meeting. b. Acknowledgment of the Code Enforcement monthly report for July. c. Acknowledgment of a letter from the Metropolitan Council regarding payment of the $150,000 Livable Communities Demonstration Account grant. d. Acknowledgment of a memo from Parks Project Manager Kullander regarding installation of a permanent aerator at Rogers Lake by the DNR. e. Approval of the street lighting plan for Augusta Shores. f. Adoption of Resolution No. 00 -59A, "RESOLUTION APPOINTING 2000 ELECTION JUDGES." Page No. 2 August 1, 2000 g. Adoption of Resolution No. 00-60, "A RESOLUTION DESIGNATING THE CITY'S OFFICIAL REPRESENTATIVES AND ALTERNATES ON THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL". h. Adoption of Resolution No. 00-61, "RESOLUTION APPROVING FINAL PAYMENT FOR SIGNAL INSTALLATION (PILOT KNOB ROAD AND TRUNK HIGHWAY 13)." i. Approval of a cigarette license for the Mendota Heights Amoco. j. Approval of the list of contractor licenses dated August 1, 2000. k. Approval of the List of Claims dated August 1, 2000 and totaling $612,859.49. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 SLURRY SEAL PROJECT Council acknowledged a memo from Engineer Marc Mogan regarding the 2000 Slurry Seal Project. Public Works Director Danielson informed Council and the audience on the streets that will receive slurry sealing this summer. Councilmember Krebsbach moved to authorize advertisement for bids for the 2000 Slurry Seal Project. Councilmember Huber seconded the motion. Ayes: 3 Nays:O DECORAH LANE STOP Council aclmowledged a memo from Police Chief Johnson regarding SIGN the stop signs at Decorah Lane and Ocala Lane. Council also acknowledged associated historical information. Police Chief Johnson gave Council and the audience a brief history. He stated that when the stop signs were authorized, staff noted that installing the signs may make other streets less safe and that Council directed staff to monitor the situation. The patrol officers used marked and unmarked squads to monitor traffic between May I and July 17 and recorded their observations. Of the 282 vehicles observed, 22 vehicles rolled through the intersection and five drove Page No. 3 August 1, 2000 through without slowing down at all. He stated that there is a sight line concern to the east and that all-way stops would make the intersection safer if people stop, but 17% of the traffic does not stop. He informed Council that staff recommends removing the signs. Traffic has been displaced onto Cheyenne, which is not designed as a state aid collector street and two out of ten cars are not stopping for the Decorah/Ocala signs, which makes the intersection somewhat less safe than before. Councilmember Kxebsbach asked whether the number of vehicles that rolled through the intersection is presented as a reason to remove the stop sign and why that is considered in the public safety profession as a reason for sign removal. Chief Johnson responded that the only reason people obey a sign is fear of being caught. Some of the people who were stopped for disobeying the sign told the officers they did not believe the sign on Decorah should be there. Mayor Mertensotto stated that what that information tells him is that the general public do not believe that there is any apparent reason for the Decorah stop sign. The sign was ordered because the people who appeared before Council to request it said that there was a hazard for children crossing to the park. The city did not put in the cross walk at the time the sign was installed because lighting could not be installed due to frost conditions and the associated cost. He stated that he was impressed by Councilmember Dwyer's comments (noted in Chief Johnson's memo), that he frequently drives Decorah and has not seen children crossing at the intersection. He stated that the people who live in the immediate vicinity of the intersection want the stop signs to remain and those who oppose it are from other areas and do not believe the Decorah sign to be needed. He stated that stop signs are used not to control speed but to control traffic, and there must be a reason to install the signs. The reason there is a problem at the intersection is because there is a large evergreen on the curve that blocks traffic to the east. He felt that if the Decorah sign is creating problems, the sign on Ocala should be retained and the Decorah sign should be removed and the city should install "limited visibility ahead" signs on Decorah. Councilmember Huber stated that when the issue was first raised several months ago, Council approved the stop signs. He stated that when a stop sign request comes before Council it is referred to the police department rather than granting approval based on a petition. Council directed the city's experts to review the situation during the Page No. 4 August 1, 2000 summer months. He stated that he originally agreed strongly that Council should defer to the city's professional staff when the signs were approved. He feels the same today. The city's staff is recommending removal of the Decorah sign and the Police Chief is concerned about safety because people are ignoring the signs. He stated that he would support the recommendation to remove the Decorah sign and Mayor Mertensotto's suggestion that limited visibility signs be installed. Ms. Janet Aune, 708 Decorah Lane, stated that residents on Decorah Lane have been concerned about the safety on Decorah for a long time. With Decorah running next to the park and trails, traffic is in close proximity to those activities. There are also children who use Decorah, and speed is a big problem. The curve on Ocala makes it very unsafe. People often exceed the speed limit on the curve, creating a hazard for pedestrians. Four to five years ago, there were two accidents in front of her house in two weeks. She stated that she lives across the street from the hockey rink. She felt that the curve is dangerous if people do not stop at Ocala and hopes that the people who oppose the stop sign will join with the Decorah residents to keep the park, safe. Ms. Aune also read a statement from Mr. Bill Burke in support of retaining the stop signs for safety. Mr. Tim Baumgartner, 685 Ocala Lane, stated that the reason he thinks the police department has not seen many children crossing the intersection is because the children in the area are very young and are accompanied by their parents. They will be growing up and crossing on their own. There is no good way to cross the street. He supported keeping the stop signs for safety of the children and stated that there are several tall trees near the intersection and someone cannot see from Ocala until he is half way through the intersection. He felt that the intersection would be unsafe at 20 miles per hour and most people drive through it at 30. Traffic goes very fast through the intersection and there is no safe place to cross. Mayor Mertensotto stated that a thirty foot setback is very close to a residential street and that most people recognize that one never lmows when a child could dart out onto the street. He stated that he deplores that speed in the city's residential districts. All the way along Decorah the homes are very close to the street, and for that reason Council restricted parking on one side of the street. People must be conscious that children may be running out onto the street after a ball, for example, but that does not solve the problem. There is no pedway on the north side of Decorah, and it may help to install a pedestrian walkway on the other side with a marked crosswalk. Page No. 5 August 1, 2000 Under state law, motorists are required to stop when there is a pedestrian in a crosswalk. Mr. Baumgartner stated that this is a three way intersection and many people driving on Decorah may not even see Ocala. Traffic coming from the east is the problem. Mr. Bernard Friel, 750 Mohican, stated that he hopes there are no more accidents after the signs are removed then there were before. There were no accidents before the signs were installed. He stated that there are probably scores of intersections in the city that would have stop signs if the criteria used to put in stop signs here were used. In the immediate area, if there was another place to justify the stop sign it would be across the street from the park where there are many children crossing the street, at Pueblo an Apache, and he did not know of any accidents at that intersection either. He stated that most of the people on Ocala know that if you brake at the right point, you can see traffic all the way to Huber. The sight line problem is not one which justifies a stop sign. As the police chief said, people going through a stop sign make it less safe than not having a stop sign. The sight line itself is not by state laws a sufficient basis for installing a stop sign. Under state guidelines, there is absolutely no basis for a stop sign at this location. He asked Council to remove the sign and install limited visibility and slow signs. He did not believe anyone opposes leaving the stop sign on Ocala. Mr. Mike Farley, 697 Decorah Lane, stated that Decorah is dangerous. He has lived on Decorah for 18 months and was very happy when the stop sign was installed because of the speed on the street. There is an elevation change and curves all in one and that changes the dynamics of the street. It causes speed to increase and people to lose control of their cars. If the sign is taken out, it will be dangerous. The City Council did not put a crosswalk in. He asked how the success of the stop sign can be evaluated without the total package being done. He stated that it would be a service to the people on Decorah to install the total package for six months and then come back. He explained that this is a young neighborhood with young children. Mr. John Maczko, 751 Cheyenne Lane, stated that he is a traffic engineer with the City of St. Paul and makes his living working on these issues. From what he has heard this evening, and what he has read on the issue, everything addresses speed. He stated that he could remind Council that stop signs do not control and should not be used to control speed. There has been a diversion of traffic onto Page No. 6 August 1, 2000 Cheyenne since the stop signs were installed. In the last three to five years there have been accidents at the intersection of Cheyenne and Apache. Many studies have been done, and people must realize that traffic control manual was put together after much study and thought. The City of St. Paul initiated a program 20 years ago to install stop signs every two blocks. That was done on residential streets but not on collector streets. The city now has requests to install four way stops because no one was stopping at intersections that were signed. The situation on Decorah has been made worse by the stop sign. A driver is supposed to stop at a stop sign but they do not and that is making the situation worse. Children anticipate that people will stop for a stop sign. Mayor Mertensotto pointed out that the stop sign was installed for safety purposes and for children crossing. Mr. Maczko responded that he understands the safety issue and also understands this is an emotional issue, but a stop sign is not intended to be a speed control device. Instilling in children that there is a stop sign and people will stop is not safe. Children need to be taught how to properly cross streets by looking and listening. In this case he did not believe the stop signs will have a positive effect and may in fact make it worse. The State of Minnesota says that streets cannot be signed less than 30 mph except in a school zone. Speed studies have been done in this area. People aren't really violating the speed limit, but 30 mph is too fast. The state law requires that vehicles to yield to pedestrians whether a crosswalk is painted or not. If a crosswalk is painted here, they should be painted all over to be consistent. Nothing is a substitute for good enforcement. The stop sign was .conditionally installed to determine if it would work. Decorah at Ocala is not a good place to cross. He suggested that installing a blind intersection sign would be more appropriate. Mayor Mertensotto agreed that speed on Decorah from Dodd is the problem, but the city cannot police it all the time. People in the neighborhood must be cautious as they drive. Council discussed painting a crosswalk so that children could be given a safer place to cross. Mr. John Campbell, 2341 Apache Court, stated that he believes a crosswalk in that location would be horrible. There is a path along Friendly Hills park that comes out naturally on the south side of Decorah. People talk about the speed on Decorah, but stop signs are inappropriate for controlling speed. Traffic calming is much more appropriate. If Council wants to solve the problem on Decorah, they Page No. 7 August 1, 2000 could reconfigure the street, put angled parking on the street, or use some other method to get people to slow down naturally. People slow down naturally when they feel constricted. Mr. Larry Lenosky, 699 Ocala, stated that he is an avid jogger and signed the petition for the children so they would have a safe place to cross. He felt the signs have slowed traffic. He has jogged through the area at night, and people do drive through there at 30 or 40 mph and go right through the sign. Many of the neighborhood children are 5,6 or seven years old and they will be going to the park as they get older. Ms. Alice Beyer, 741 Mohican Court, stated that she has been observing this summer because she did not work this summer. Everyone, whether they are parents or not, are concerned about the safety of young people and the fact that some want the stop signs taken out does not mean the do not care about children. She stated that she has observed all summer where kids are crossing and whether they are being supervised. When her children were small, she encouraged them to be cautious and escorted them based on their age and maturity. Now that they drive, she reminds them there are many young kids in the neighborhood and there are many uncontrolled intersections. These issues must be addressed in the homes. Speed is a problem, but she does not think the stop signs on Decorah have addressed the speed issue. It would be better to have a crosswalk across from the entrance to the park. The stop signs do not hit the heart of the issue. She asked Council to accept the staff recommendation to remove the signs. Mayor Mertensotto, stated that the fact that no one has been injured at the intersection speaks well of the residents driving in the area. The warrants for stop signs are based on numbers of accidents. The issue here is the safety of the children. If it were not for the playground, Council would not have authorized the stop signs. What is coming out is that there are not many children crossing here. Mr. Campbell suggested putting the crossing at the next street. This is a difficult situation, but he felt the best recommendation presently is to leave the stop sign on Ocala, and remove the sign on Decorah. Installing a crossing does not mean anything unless the child is trained to use it. Council has heard the complaints about speed and will direct the police department to monitor and control speed on Decorah. Mr. Mike Blake stated that he lived here five years ago when the streets were being constructed. He felt the street should be narrower. Page No. 8 August 1, 2000 The only other option is to allow parking on the curve to restrict people and make them slow down. Something needs to be done on Decorah. The street task force wanted it narrower. Councilmember Krebsbach stated that the city constructed the street as narrow as it could be. Mr. Blake stated that there is a stop sign by the first comer and the cars slow down, but within two houses they are up to 40 mph. Something needs to be done before someone gets killed. He suggested a "slow curve" sign and enforcing the speed. He stated that he drives Decorah at 20 mph and people ride his bumper and pass him. Perhaps a flyer should be sent out to adjoining neighbors to tell them the police are monitoring speeds and will enforce the limit. Councilmember Krebsbach stated that she would like to take the police chief's recommendation and also that the city closely monitor the intersection over the next five months and really invest some time and resources to monitor and enforce the speed limit. She further stated that something must be done to reduce speed. She felt Council should look at what else can be done to signal to people that they are coming into a residential neighborhood. She stated that she would like the issue revisited in five months for speed, safety issues, and what the city can do. She felt that the city could support moving the trees from the property at the intersection, where the berm and the evergreen reduce visibility. Council should also look at what can be done to calm traffic. Mayor Mertensotto stated that the city should install appropriate traffic signs within 120 feet of the intersection marked limited visibility ahead. Also, there should be a pedestrian crossing to alert drivers who are not from the neighborhood. Mitchell Wittenberg, 687 Ocala, stated that there is no doubt there is a safety issue. If stop signs are not appropriate, people will ignore blind intersection signs. The suggestion someone made to reduce the speed at the curve to 15 mph is excellent. There are a number of cars that do not do a complete stop, but in the months the stop sign has been placed, it has never been safer. Mr. Maczko stated that there is a need to raise awareness that there are pedestrians crossing there. One of the things that may work here is painting a crosswalk and installing a yellow and green pedestrian crossing sign. Page No. 9 August 1, 2000 Councilmember Huber stated that he thinks the stop sign should be removed as recommended by staff and the city should do some additional review of the area. Perhaps a study should be done to see if the curve is sharp enough to reduce the speed. There should also be a follow-up conversation with the state to see if the city could get an MSA variance to reduce the width of the street. There should also be additional study by city staff to see if anything else can be done. Mr. Campbell stated that there is parking for the tennis courts and people could back out of those spots and hit children. Anything that can be done to move the children up to the comer of the park would be very helpful. He felt this is the worst intersection in the city for children to cross. Mayor Mertensotto stated that the stop sign can be removed from Decorah by amending the ordinance and Council can also advise the Police Department and engineering staff that there must be some signage on each side of the intersection to alert people to the reduced visibility at the intersection. The police and engineering departments will be directed to study what signs should be installed. The pedestrian crossing should be a separate study monitored through the Police Department and brought to the Parks Commission within 90 days. Councilmember Krebsbach stated that Council should commit to making some type of investment in traffic calming, through narrowing streets or whatever can be done to give the feeling of calming, including plantings and signage to signal to people that they are entering a neighborhood. Mayor Mertensotto felt that painting a crosswalk should be kept as a separate issue which should be referred to the Parks and Planning Commissions. Council knows what the problem is, and the city will have to step up enforcement and see what else can be done to make the intersection safer. Mayor Mertensotto moved adoption of Ordinance No. 354, "AN ORDINANCE AMENDING ORDINANCE NO. 113," to remove the stop sign on Decorah at Ocala Lane, with direction to the police department and city engineering to report back within 90 days with respect to signage and improving the pedestrian crossing at that location. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 Page No. 10 August 1, 2000 Co-uncilmember Krebsbach stated that her support of the motion was based on Council's directing the commissions to review and make a recommendation on a plan to calm traffic, such a landscaping and signage about entering a residential neighborhood at both ends of Decorah because of the unique problems on Decorah. Mr. Maczko responded that he is a resident on Cheyenne and that Cheyenne should be addressed also in terms of the impact. Something done on Decorah would have an impact on Cheyenne. Councilmember Huber stated that when Council directs staff to review something and come back with a recommendation, Council takes some action. He does not recall that Council has committed to spending any money in the past without knowing what staff recommends. It has been this Council's history that when Council recognizes there is an issue that needs to be addressed, Council always looks at all of the issues and the pros and cons. He would prefer to direct staff to work as appropriate, including the commissions if need be, and to come back with a recommendation or a series of options. He would rather direct staff to keep looking at the issue rather than committing Council to spending money. Council is in the budget process now and if something is not set aside, the issue cannot be addressed until next summer. Council must be aware that whatever is done may impact city resources. Mayor Mertensotto stated that the commissions and staff should know that if something is going to be done by narrowing, etc., it is not being done for beautification and they should come up with a standard recommendation that can be employed universally in the city. Councilmember Krebsbach stated that the goal is to use other means to slow traffic other than signage. Councilmember Krebsbach moved to direct staff to work with the Parks and Recreation and Planning Commissions to come up with a plan for calming the traffic at Ocala and Decorah as a first priority and that standard could also be applied to other areas in the city where there is concern about speed and pedestrian crossings, with the intent that a contingency be set aside in 2001. Mayor Mertensotto seconded the motion. Ayes: 3 Nays: 0 Page No. 11 August 1, 2000 RECESS Mayor Mertensotto called a recess at 9:13 p.m. The meeting was reconvened at 9:20 p.m. CASE NO. 00-25, ST. THOMAS Council acknowledged an application from St. Thomas ACADEMY Academy for a variance to allow additional signage on the athletic field scoreboard. Council also acknowledged associated staff reports. Mr. Rich Allen was present on behalf of St. Thomas Academy. Mr. Allen explained that the school would like to add a two foot high by 16 foot wide scoreboard section that reads "Home of the Cadets" at the top of the existing sign. The addition will use the same color scheme as the existing sign, which is 70 feet from Mendota Heights Road. The extension to the sign would only be visible from within the ballfield. Mayor Mertensotto stated that the Planning Commission discussed using some type of screening at the back of the sign towards Mendota Heights Road. Mr. Allen responded that they asked and he agreed to add one or two trees to prevent the back of the sign from being seen from Mendota Heights Road. There are existing trees that are growing, and he would add one or two trees. The back of the sign is not visible to traffic moving from east to west but is visible from west to east. Mayor Mertensotto suggested adding evergreen trees behind the sign. Ten to twelve foot tall evergreens would cover the back of the sign. Mr. Allen stated that St. Thomas will do whatever it takes to make it right and pleasing. Mayor Mertensotto responded that the intent is to screen the sign so people do not see it from Mendota Heights Road. He asked Mr. Allen to ask his landscape architect to do whatever is best to screen the sign. Responding to a question from Councilmember Huber, Mr. Allen stated that the sign will not be illuminated and the letters will be in the same context as the letters in the lower portion of the sign. Councilmember Huber moved adoption of Resolution No. 00-62, "A RESOLUTION APPROVING A VARIANCE FOR ADDITIONAL SIGNAGE ON THE ATHLETIC FIELD SCOREBOARD FOR Page No. 12 August 1, 2000 SAINT THOMAS ACADEMY," conditioned that St. Thomas Academy install appropriate screening with an additional tree or trees in order to screen the sign from Mendota Heights Road. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CASE NO. 00-29, FISCHER Council acknowledged an application from Mr. James Fischer for a front yard setback variance to allow construction of a family room addition to the rear of his home and an expansion of his garage at the front of his home at 26 Somerset Road. Council also acknowledged associated staff reports. Mr. Fischer was present for the discussion. Mr. Fischer showed drawings of the intersection of Staples and Somerset Road and stated that when he bought his property last summer he got a copy of the plat from the County and the deed restrictions placed on the lot in 1939 were such that all the front yard setbacks were 60 feet and the sideyards were 13 feet with no discussion on the lots that had sideyards on both streets. He came to City Hall with an application to expand his garage to be within the 60 and 13 foot setbacks and to add a 25 by 25 foot addition to the house and was told he needed variances for both. Mayor Mertensotto stated that there is a 13 foot setback from Staples now and the addition will come no closer. The home also has an established setback from a public street. The Zoning Ordinance requires a 30 foot setback. The garage will still maintain the 60 foot front yard setback from Somerset and the 13 foot setback on the sideyard. Mr. Fischer stated that he is "stepping" the side of the garage to maintain the 13 foot setback. The family room falls within the 30 foot setback, but most of the family room is well back from Staples. Mayor Mertensotto stated that one variance is to continue the 13 foot setback from Somerset and the other, for the family room, would encroach on the setback from Staples. Councilmember Huber moved adoption of Resolution No. 00-63, "A RESOLUTION APPROVING A 17' FRONT YARD SETBACK VARIANCE FOR A HOME ADDITION AT 26 SOMERSET ROAD," amended to clarify the specific setback variance for the garage addition and the specific setback variance for the home addition and to include within the resolution that the square footage Page No. 13 August 1, 2000 of the garage is within the ordinance requirements for single family residential districts. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CASE NO. 00-30, KATZMARK Council acknowledged an application from Mr. John Katzmark for a wetlands permit to allow a patio, retaining walls and landscaping within 25 feet of the edge of the wetland area at 2461 Bridgeview Court. Council also acknowledged associated staff reports and a letter from Mr. Scott Beatty. Mr. Rich Klein, landscaper for the project, was present for the discussion. Mr. Klein reviewed the site plan for Council and the audience. He stated that the applicant proposes to construct a retaining wall with terracing and that the pond will not be affected. Councilmember Krebsbach stated that the back yard is very shallow. She asked if what is proposed will reinforce the hillside. Mr. Klein responded that it will. If there were a major rainfall, there would be some erosion. The ornamental grass that is proposed will keep the area from eroding. The landscaping and flattening the area will also control the runoff so that it does not go directly down the hill into the pond. Public Works Director Danielson informed Council that the applicant is trying to slow the water and proposes to flatten the area so that the water comes down to the pond in waterfall fashion. Councilmember Krebsbach stated that she is very concerned about the view from people across the pond. Mr. Katzmark responded that he has received signatures of consent from the owners of property across the pond. Public Works Director Danielson stated that natural grasses and plants will be planted near the pond. The pond has a neighborhood watershed organization, and its chair, Scott Beatty, has reviewed the plan and approved it. Councilmember Huber moved adoption of Resolution No. 00-64, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR 2461 BRIDGEVIEW COURT TO ALLOW THE ADDITION OF A PATIO, GRADING, AND LANDSCAPING," as amended to change Page No. 14 August 1, 2000 references to porch to patio, to site that the patio, landscaping and grading are approved as delineated on the plans on file with the site and shall come no closer that 25 feet from the edge of the pond. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CASE NO. 00 -31, KUENSTER Council acknowledged an application from Mr. Mike Kuenster for a five foot front yard setback variance to allow a portion addition at 9 Mears Avenue. Council also acknowledged associated staff reports. Mr. Kuenster was present for the discussion. Mr. Kuenster reviewed drawings of his proposed porch addition, stating that it would be an open air porch that would extend eight feet from the house. His home is set back 33 feet from the property line and he is applying for a variance of five feet. Councilmember Huber stated that the home is in the Somerset Heights Addition, which has been scheduled for street improvements at least twice in the last five years. He asked if Mr. Kuenster can think of anything he proposes that would impact what might be done with Mears in the future. Mr. Kuenster responded that the 33 foot setback is from his front property line. Councilmember Huber stated that this is one of the neighborhoods where the streets are narrow and Mears may not have been built on the centerline. Public Works Director Danielson responded that he does envision that there would be an issue in this case. It appears that Mears is in the center of the right-of-way. Responding to a question from Councilmember Krebsbach, Mr. Kuenster stated that the addition in no way blocks any sight lines for neighbors on either side of his home. Councilmember Krebsbach moved adoption of Resolution No. 00- 65, "A RESOLUTION APPROVING A FIVE-FOOT FRONT YARD SETBACK VARIANCE TO ALLOW A FRONT PORCH ADDITION TO THE HOME AT 9 MEARS AVENUE." Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Page No. 15 August 1, 2000 CASE NO. 00-02, KIPP Council acknowledged a letter fiom Mr. Peter Coyle on behalf of Mr. Ira Kipp, along with a proposed preliminary plat for subdivision of the Kipp property on Wagon Wheel Trail. Mr. Coyle, Mr. Kipp, Mr. Tim Pabst and Mr. Boyd Ratchye were present for the discussion. Mayor Mertensotto stated that the preliminary plat brings the proposed subdivision into compliance with the city ordinance requirement that the developer show how adjoining land can be served with a roadway and public utilities. He stated that there will be some very long extended services for utilities but if Mr. Ratchye wants the turning radius moved back, the trade off will be long services. The City of St. Paul will likely require an easement because of the distance and will ask the private property owner to grant that easement so that they an maintain the line. He stated that Mr. Coyle indicated in his letter that Mr. Kipp is in agreement with the plan. He asked if Mr. Pabst is in agreement as well. Mr. Pabst stated that he received the plan yesterday afternoon and his parents are generally comfortable with the boulevard plan. In the _ staff report two weeks ago, the report talked about the conditions 1 that his parents would contribute the property for the boulevard and in return would expect not to pay any assessment except to connect the house to the utilities. They will give the property to the city. The other condition his parents asked is that Mr. Kipp terminate the private driveway between his property and the Pabst property and that the existing blacktop be removed and the area landscaped-so that no one uses the Pabst driveway for access. The Kipp and Pabst driveways are contiguous, and the circle driveway between them would be removed and Mr. Kipp would use his driveway and the Pabsts would use their driveway. Mr. Coyle reviewed the proposed revised preliminary plat and informed Council that all of the existing trees will remain. Mr. Pabst stated that the existing driveway continues to be owned by the Pabsts and Mr. Ratchye has an easement over the driveway. Otherwise, the city could purchase the driveway and give the Pabsts an easement over it. Mayor Mertensotto stated that he does not know what city use there would be but it may make sense that it be dedicated as part of the j right -of -way. Then there would be no question that the Pabst - property would be abutting public right -of -way. The city could grant Page No. 16 August 1, 2000 the Pabst and Ratchye families easements for the existing driveway, in which case they should also sign the plat. Mr. Ratchye responded that he would like that property to be public and the easement back makes sense. Mayor Mertensotto agreed, but stated that the two families would have to maintain it. Mr. Ratchye stated that in order for him to subdivide his property, he would need public access. He pointed out that Outlot A is a 310 foot long, three-feet wide lot between his property and the new road. Mr. Coyle responded that the Pabsts require the outlot or they will not give consent to the plat. Mr. Ratchye stated that although there have been months to work everything out, he and his neighbors cannot get a plan before Council that meets the statute "relates well with existing or adjacent subdivisions." He stated that he could have a side deal with the Pabsts not to do anything with his property for four to five years. He did not want to be landlocked, which means he could not be assessed for anything other than the access for his existing home. Councilmember Huber stated that right now Mr. Ratchye has one parcel of land. If he tries to split that parcel he does not have access to a public street. Mr. Ratchye responded that the only access is from Wagon Wheel. Outlot A prohibits further development of his property. Councilmember Huber stated that the city should neither prevent Mr. Ratchye from developing or enrich him. If he were to someday negotiate with Mr. Pabst to develop Mr. Ratchye's property, the city should not take anything away from Mr. Pabst. Mayor Mertensotto pointed out that Mr. Ratchye can develop one more house on his property under his agreement with Mr. Pabst. Mr. Pabst stated that the agreement states that one other property could use the driveway. If Mr. Ratchye were able to get subdivision from the city, he could build a house and access the new public street through the Pabst driveway. Page No. 17 August 1, 2000 Mayor Mertensotto stated that utilities would probably come up on the west side of the street. Council should anticipate where the other connection should be and get that under the right- of-way now rather than digging up the street in the future for utilities. If there is a possibility of there being another lot, Council should find out where that access for public utilities will be. Councilmember Krebsbach asked Mr. Pabst if the outlot is intended to prevent development. Mr. Pabst responded that his parents do not want to have happen on the east side of the property what has happened on the west. They do not want further subdivision. Councilmember Krebsbach asked if there is any easement or solution in terms of a break in the outlot. Mr. Coyle stated that as Mayor Mertensotto has mentioned, if Mr. Ratchye could get his subdivision approved to add one lot he would like to make that connection at this time before the street is built, but what is unresolved is where access to that lot will be. It will not be over Outlot A. It will either be from Wagon Wheel Trail or the Ratchye lot. It makes sense for the service to be brought in now. Mayor Mertensotto informed Mr. Ratchye that he would have to tell the city where he would want the connection, and stated that how he accesses Wagon Wheel would be his choice. Mr. Ratchye responded that he has an agreement with Mr. Pabst to only subdivide his property to add one more lot as long as he uses the private road. That is an agreement he can live with. Mayor Mertensotto asked Mr. Pabst if his parents would give the city the right to cross their property with a service connection to the Ratchye property for a future lot. Mr. Pabst responded that he believes they would. Councilmember Krebsbach stated that they should also plan for a time there will be new owners. The agreement is with the current owners. New owners may need some accommodations. A service across the outlot would allow them to develop another lot in the future. Page No. 18 August 1, 2000 Mr. Coyle asked who will pay for the landscaping of the driveway ' area. It is Mr. Kipp's position that he would pay a pro rata share of the cost of public improvements for his four lots. Mayor Mertensotto responded that there are four Kipp lots and the Pabsts have stated they will pay for private connections. In exchange for the right -of -way they are giving they do not want to pay assessments. Mr. Ratchye says he only wants to pay for one connection because he only has one structure. Council can defer the assessment for the other service connection. Councilmember Krebsbach stated that the city would acquire the grove of trees under the plan, and asked why the city would want to do that. Mayor Mertensotto responded that the grove would be acquired to avoid problems between future property owners with respect to who controls what. The city would then grant an easement back to the Ratchyes and Pabsts for the private driveway. Mr. Coyle stated that Mr. Kipp has indicated that under the circumstances what he would like to retain his portion of the circular drive. Mr. Pabst stated that if Mr. Kipp wants to retain that property, then he wants to retain his property. He would rather have the city as the neighbor maintaining the stand of trees. Mayor Mertensotto stated that right now someone is cutting the grass there and the city would not maintain it to that same level. To maintain the property values and the amenities, the residents will have to maintain the property. Mr. Kipp stated that Mr. Pabst is asking him to vacate access he now owns. Mr. Pabst stated that if Mr. Kipp and the Pabsts give their property and the city grants an easement back for the driveways, that would be fine. Mr. Coyle responded that he does not need an easement from anyone. Since Mr. Kipp owns the property now, it does not bear at all on the issue of public access for Mr. Ratchye and Mr. Pabst. The property Mr. Kipp owns has no bearing whatever. Page No. 19 August 1, 2000 Mr. Pabst stated that Mr. Coyle has stated that Mr. Pabst has no access to the public street but there is a perpetual easement over the driveway — that is access to a public street. Mayor Mertensotto stated that he does not know anywhere else in the city where there is a joint easement for two residential properties. That was an issue in the Van Landshoot litigation. Mr. Coyle responded that the original plan Mr. Kipp submitted proposed this be entirely a private driveway and that in affect is the same that Mr. Pabst is asking. Everyone who subdivides property should have the same requirement to be on public right -of -way. If the buffer outlot is retained it triggers financing issues. He stated that Mr. Kipp could go back to the cul de sac plan. Mayor Mertensotto responded that the cul de sac plan does not take care of the requirement to show how adjoining land can be served with utilities. It does not make sense to run utilities for another 400 feet right next to the plat. Mr. Coyle stated that the plat would be designed in a manner that would give the Ratchyes and Pabsts access to public utilities. Mayor Mertensotto stated that the cul de sac plan does not meet all city requirements. The boulevard street is the way to develop the property. Maybe what Mr. Kipp is saying is that because the street was moved up other problems were created. The city will not maintain property that has no public benefit. The area would only serve the aesthetic needs of the people who live there. He stated that he would have no problem with removing the existing blacktop as part of the project. Mr. Coyle stated that this piece of property is not necessary to the proj ect. Mr. Pabst stated that perhaps the longer boulevard plan should be considered. Mr. Coyle stated that the boulevard was shortened to avoid lights coming into the Ratchye home. If Mr. Kipp retains ownership of the grove, then Mr. Pabst would want to retain ownership of the "tomahawk" shaped area. Mr. Pabst responded that what he meant was that if Mr. Kipp wants to keep his property, then his parents want to keep theirs. He stated Page No. 20 August 1, 2000 that his parents would deed that property to the city in return for an easement but would want to retain their land along the driveway. Mr. Kipp stated that this is his front yard and it has no bearing on access by the Pabsts or Ratchyes. Mayor Mertensotto suggested that the smartest approach would be to bring the look down further to the south so that it terminates at the Ratchye property and everyone retains ownership of their property. Mr. Ratchye responded that that would be acceptable to him. Mr. Pabst stated that he would like to shift the boulevard so it touches the Kipp property. He also proposed that the trees be in the center of the boulevard. Public Works Director Danielson responded that this would give the city room for snow storage along the east property line and would be a good idea. Councilmember Huber moved to grant concept approval for the Kipp subdivision as agree to by all parties this evening. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council on the status of the NSP subcommittee. He also gave Council a Part 150 update. Mayor Mertensotto informed the audience that Council has scheduled a workshop for Monday, August 14 to develop a timeline for hiring a city administrator, for discussion on Town Center and the St. Thomas Academy property hockey rink/civic center proposal and the city's proposed budget. WORKSHOP Councilmember Huber moved to reschedule the starting time for the August 14 workshop from 5:00 p.m. to 5:30 p.m. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 Page No. 21 August 1, 2000 TIME OF ADJOURNMENT: 11:27 p.m. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor