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2000-03-06 City Council minutesPage No. I March 6, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Monday, March 6, 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 Dwyer, Huber, Krebsbach and Schneeman. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Co-uncilmember Schneeman moved approval of the minutes of the regular meeting held on February 15, 2000 as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 22, 2000 Planning Commission meeting. b. Acknowledgment of the unapproved minutes of the February 2, 2000 NDC4 meeting. c. Acknowledgment of the Building Activity Report for February. d. Acknowledgment of the Fire Department monthly report for February. e. Acknowledgment of memo from Administrator Batchelder informing Council that Assistant Hollister will make an oral Page No. 2 March 6, 2000 presentation at the start of each land use or planning application before Council. f. Acknowledgment and acceptance of a letter of resignation from Ms. Carol Damberg from the Parks and Recreation Commission with an expression of appreciation for her years of service to the city. g. Adoption of Resolution No. 00 -12, "A RESOLUTION APPROVING FINAL PLAT FOR ALICE LANE SUBDIVISION TWO," along with acceptance of a petition and waiver of hearing for public improvements and authorization for the Mayor and City Administrator to execute the developer's agreement. h. Authorization for the issuance of a building permit to Patterson Dental for an addition to its facility at 1031 Mendota Heights Road, subject to city staff review for compliance with adopted city codes and ordinances. i. Authorization for the City Administrator to execute a letter of agreement for extension of Comprehensive Plan consulting services with Northwest Associated Consultants. j. Approval of the list of contractor licenses dated March 6, 2000. k. Approval of the List of Claims dated March 6, 2000 and totaling $118,330.98. 1. Acknowledgment of a letter from NDC4 regarding notification from MediaOne on subscriber rate changes. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 HEARING: BROWN Mayor Mertensotto opened the meeting for the purpose of a INSTITUTE WINE LICENSE continued public hearing on an application from Brown Institute, Ltd, for an on -sale wine license to allow the sale of wine with meals in its Minnesota Room (Le Cordon Bleu Cooking School). Council also acknowledged an associated memo and recommendation from the City Clerk. Mr. Ronald Anderson, President of Brown Institute, and Mr. John Sopsic, Chief of Security for Brown Institute, were present for the discussion. Page No. 3 March 6, 2000 Mayor Mertensotto asked for questions and comments from the audience. Mr. Sopsic gave Council and the audience a brief history of Brown Institute and the Le Cordon Bleu program. Mr. Sopsic informed Council that there are currently 2,100 students enrolled at Brown Institute and enrollment is continuing to grow. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved to authorize the issuance of an On- Sale Wine License to Brown Institute, Ltd, and to waive the $500 investigation fee required for new liquor license applications. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99-11, NSP Council acknowledged an application from Northern States Power Company (NSP) for conditional use permit, wetlands permit and critical area permit to allow for improvements to the transmission lines and substation within Mendota Heights. Council also acknowledged letters of objection from the following: Mr. Phil Keeney and Mrs. Susan McLean-Keeney, 865 Mendakota Court; Mr. and Mrs. Dave Palme, 1053 Wagon Wheel Trail; Mr. David Herridge, 514 Huber Drive (5 memos); Mr. Richard Bebel, 1011 Wagon Wheel Trail; Mr. David Wilkie, 739 Cheyenne Lane; Ms. Jacquelleen Vatne, 2205 Bent Tree Lane; Mr. & Mrs. Harald Borrmann, 2238 High Pointe Court. Council also acknowledged reports from city staff, Minnesota EQB, and Mn/DOT, communications from NSP and letters from the Cities of Sunfish Lake and South St. Paul. Mr. Pat Cline, NSP's Manager of Community and Government Relations, was present for the discussion, along with Mr. Dave Callahan, Senior Right-of-Way Agent for NSP. Assistant Hollister gave a brief introduction and reviewed the Planning Commission discussion and recommendation. Mr. Cline reviewed the history of the application, stating that this is not a speculative project but rather that NSP is obligated to find a solution to make its system viable. All of the NSP customers in Page No. 4 March 6, 2000 Mendota Heights will be affected by the project because of what could happen if a solution is not fotund and built. Mayor Mertensotto responded that Sunfish Lake, South St. Paul and Mendota Heights made a request by resolution to the Environmental Quality Board (EQB) to direct that NSP do an Environmental Impact Statement (EIS) on this project. The EQB denied the request and placed the burden back on the cities. He stated that he knew the first thing that would happen is that NSP would say they were before the EQB and the EQB did not require an EIS. He stated that the EQB ruling is not binding on the cities with respect to the EIS, because the cities are independent jurisdictions. Councilmember Krebsbach asked Mr. Callahan what his background is. Mr. Callahan responded that he is in real estate and is not an engineer. He then gave an overview of the project, including the existing system, the need and projected solution and construction schedule. He discussed how electricity flows and showed a diagram of the southeast metro area distribution system. The source at Shirco is the strongest, so power flows from the northeast to the south. Electricity flows from the Red Rock plant and others to the substations at 115 kV. NSP is concerned about the system between Red Rock and Bloomington because there is only one transmission line from Red Rock to Bloomington and the other substations. The load area is growing and taxing the system so that by 2001 NSP is expecting that if it loses the service from Red Rock, the remaining will not serve the area. As the load grows, the risk will grow from year to year. It does not matter where the load grows or where a problem may occur because the whole system is tied together. The area load is creating back up deficiency, which will compromise reliability. In 2001 if a feed is lost, NSP will not be able to back up this system. If NSP maintains a two contingency system, the system will stay in operation. NSP looked at system alterations including the Red Rock to the Rogers Lake substation and an alternative solution to bring power down from the north. NSP does not have a solution to bring power up from the south. NSP proposes building a second source from Red Rock to the Rogers Lake substation and continue to the Wilson substation in Bloomington. That would provide a backup circuit so if the existing line is lost on either end there is a two contingency redundancy. He reviewed what would be required to change the system from Red Rock to Rogers Lake. Page No. 5 March 6, 2000 Mayor Mertensotto responded that in both cases NSP shows County Road 62 coming all the way across. Either way NSP will have to build a substation in east Bloomington. There is also a terminus in the city of St. Paul. He asked why NSP would be providing service to St. Paul from Rogers Lake and why it would be necessary to bring it back from St. Paul by a 345 kV line. Mr. Callahan responded that the 345 kV system is an alternative. To get the necessary power to Rogers Lake it would have to come from Terminal (in St. Paul) or from Red Rock. NSP staff recommended Red Rock because it is an easier project. NSP cannot come from the south, Monticello, because power cannot flow to the north from that system. Responding to a question from Councilmember Huber about the Prairie Island plant, Mr. Callahan stated that most of that power flows into southern Minnesota. The way the power flow is today, if Rogers Lake were connected to that line, the power will flow south, which is why Rogers Lake cannot be connected to that system. Mayor Mertensotto asked how many kV are coming across from the High Bridge plant to the generation plant and to Rogers Lake. Mr. Callahan responded 115 kV. Councilmember Krebsbach asked if any of the other substations are in as much of a residential area as Rogers Lake. Mr. Callahan responded that some are, stating that Gleason Lake in Wayzata serves as a hub for the 115 kV distribution system. Responding to a Council question, Mr. Callahan stated that a couple of years ago NSP put in a capacitor bank at the Rogers Lake substation to stabilize the voltage on the transmission system. The capacitor bank keeps the substation providing full capacity. Gleason has several 115 kV transmission lines and is similar to Rogers Lake. All of NSP's substations in the metro area have at least two transmission lines. Some, like Rogers Lake, have more. Councilmember Krebsbach noted that NSP has been able to anticipate the need over time. She asked if NSP has made any plans to move the hubbing out of the Rogers Lake substation since it is in a residential area. Mr. Callahan responded that Rogers Lake has all the transmission lines and distribution infrastructure. It would be a very large Page No. 6 March 6, 2000 undertaking to move a substation that has developed since the 1920's and has grown to be the hub substation for this area. He showed a slide depicting the service territory for Rogers Lake and stated that the substation serves almost all of Mendota Heights but the transmission system does serve the entire southeast metro area. Councilmember Krebsbach responded that the substation is deeply within a residential area, and has been for twenty to thirty years, but NSP continues to want to expand the capacity of the substation to serve the southeast region. She felt that NSP, in planning for a substation that serves as a hub, could find a better location than Rogers Lake. Mr. Callahan responded that NSP looked at some construction alternatives that it was asked about at city meetings. He described a proposed second transmission line from Red Rock to Rogers Lake to Wilson. The proposed line would take advantage of existing right - of -way. NSP had looked at a T.H. 110 corridor for the new line, and also discussed the possibility of moving the existing line and putting both circuits on one set of poles along T.H. 110. One question that had been raised at city meetings was the possibility of burying the lines. He stated that the lines could be buried, but burying the new line could cost $1.5 million per mile. The last option NSP looked at was burying both the new line and the existing line. That would cost $2.5 million to $5.5 million per mile. It was not clear whether it would be possible to bury the line west from Rogers Lake because of all of the wetlands and lakes. NSP looked at doubled circuitry in the existing lines, which would not increase the size of the Rogers Lake substation or increase noise but would reduce the EMFs associated with the existing line. The proposed new transmission line would serve as a back up for the existing line and does not carry more power — if one of the lines was lost, the other would support the whole load. Without the double system, if an insulator breaks, there will be an electrical outage until it is repaired. Phase one of NSP's proposed project would be modifications at the Rogers Lake substation and the line to the east. Phase two would be the construction of the transmission line to the west. NSP is proposing unpainted, galvanized power poles in the same general location as the existing power poles. The poles would be approximately 25 feet higher in size than the existing poles and they would be single pole tubular steel structures. Mr. Callahan stated that there will be no expansion of the Rogers Lake substation and that everything will be within the existing fence. NSP would like to have the project in place by the summer of 2001 Page No. 7 March 6, 2000 and would start work on the termination structures at Rogers Lake in the fall of 2000. In conclusion, Mr. Callahan stated that he would like to impress on the city that the reliability of electricity will be reduced starting in 2001 and will get worse after that. Mendota Heights is dependent on this system and NSP asks that the issue be resolved in a timely manner by all of the communities involved. Mayor Mertensotto responded that NSP is asking for permission to install a redundant 115 kV power line in a substation that has been in existence since 1923. What is being proposed would certainly be in use for at least another seventy five years. Mr. Callahan responded affirmatively, and stated that the corridor would not allow a line of higher voltage than 115 W. Also, anything higher than that voltage would need to be approved at the state level. Mayor Mertensotto stated that NSP is talking about $500,000 per mile for the construction as proposed - $5 million for the phase of the project from Rogers Lake to Red Rock. He asked the cost for Phase two. Mr. Steve LaCoss, from NSP, responded that the total project cost from Rogers Lake to Bloomington is about $7 million. Mayor Mertensotto stated that NSP is proposing a line that will have a useful life of 75 years and cost about $500,000 per mile. He stated that Sunfish Lake and South St. Paul are also impacted, and there should be a regional application. NSP has conditional use permit applications before South St. Paul and Sunfish Lake and is willing to spend $500,000 per mile. He asked what the cost of an Environmental Impact Statement (EIS) would be to address the concerns of Mendota Heights and the other impacted cities. Mr. Cline responded that conditional use permits are needed in Mendota Heights, Sunfish Lake and South St. Paul, and the project can be looked at on a regional basis. He stated that NSP would be willing to entertain that idea. Mayor Mertensotto stated that he feels the best way to address the matted would be if NSP would be willing to agree to an EIS so that the matter could be a single process for all of the cities. There are some fundamental issues that need to be answered by someone outside of NSP. He asked what the city can do to protect the citizens of the community and the environment. Page No. 8 March 6, 2000 Mr. Cline responded that NSP has a need and a problem for which it must find a solution, and the risks involved are real. Mayor Mertensotto stated that Council must consider the health and welfare of the community, and NSP must address the real concerns of the city. Answers to a number of issues are necessary and should be addressed in an EIS. He stated that a needs assessment must be done, pointing out that NSP can control the flow of electricity and that it flows in the direction NSP wants it to. He stated that the State Commissioner of Public Health, at the EQB hearing, felt that health concerns should be looked at. He introduced Sunfish Lake Mayor Tiffany, who is a medical doctor, and stated that Mayor Tiffany is present to raise medical concerns related to EMFs. Mayor Tiffany stated that Sunfish Lake supports the concept of this being a regional issue. He stated that he has had informal discussions with Mayor Mertensotto and the Mayor of South St. Paul, and all three recommend that an EIS be prepared. The cities need to know the alternatives. One of the concerns is about health risks. Sunfish Lake not taking any position for or against the conditional use permit - six months ago, the city declared a moratorium because of the number of property owners who had asked for an ordinance prohibiting transmission lines in Sunfish Lake. The city also sent a survey to all residents to find out what degree of support there is for the cost of underground lines and to what extent the residents would be willing to support legal costs. The survey responses are due next week. He stated that the EMF issue is very complicated to follow. Studies have been going on for thirty years. Sunfish Lake is specifically looking to find a satisfactory answer to a citizen complaint that close proximity to transmission lines poses health risks. Mr. Steve Minn, from the EQB, felt that NSP should take into account the cost of underground lines versus the potential future cost of EMF/health lawsuits. There could be liability claims in the future if indeed close proximity to transmission lines is proven to be a health risk. Councilmember Schneeman stated that she spoke with the Commissioner of Health today and the Commissioner's position is that the EMF issue is of great concern to the Health Department. Mayor Tiffany stated that he is given to understand that a position paper on the hazards of EMF is underway at the Department of Health. Page No. 9 March 6, 2000 Councilmember Huber inquired what a buried transmission line is wrapped with and what it is about a buried line that protects from EMF. Mr. Callahan showed a cross-section of buried line inside of PVC pipe shrouded with concrete. He stated that concrete does not shield the magnetic field and ground does not reduce the magnetic field. Anyone walking above an underground line could have more exposure to EMF than overhead. Councilmember Krebsbach stated that she understands that NSP plans to go into data transmission and telephone transmission. She asked if there is a long-term plan that the proposed line would transmit more than electricity. Mr. Klein responded that NSP has a subsidiary that is a high speed fiber optics system buried in the right-of-way, but it is not related to the proposed transmission line and the transmission line is strictly for electricity. Responding to a question from Councilmember Krebsbach on whether the new line would provide continued service in the event of lightning. Mr. Callahan responded that there are many things that could happed that would take the existing line out, such as insulator breaks, mechanical failure in the substation, lightning and wind. In June, 2001, if one of those things happened the second line would have the possibility of picking up the load to avoid an outage. Councilmember Krebsbach asked if NSP would be willing to make a statement that it is not planning to use this system for anything other than electricity. Mr. Klein responded that he would be willing to make such a statement, but noted that NSP is obligated by the FCC to allow cellular antennas on its structures if the structures are able to handle them. Councilmember Dwyer asked who would pay for the EIS. Mayor Mertensotto responded that NSP would be responsible for the cost. The cities will receive no profit from the line, nor are the cities obligated to provide current for the residences. Page No. 10 March 6, 2000 Mr. Cline suggested that one of Council's conditions be that NSP would have to understand that this is a partnership between NSP and the three cities. Mayor Mertensotto stated that Inver Grove Heights should also be included. Mr. Cline stated that he would expect this to be a good faith process and resolution so that it would not go on for years. He further stated that an EIS processed through the EQB takes a year. Mayor Mertensotto responded that the EQB would not be involved and that the city wants an independent party to prepare the EIS. He informed Mr. Cline that the city also needs a written extension of the planning application from NSP. Mr. Cline asked if there can be agreement to accomplish the process in two to three months. Councilmember Dwyer stated that Council cannot establish a timetable until there is an independent contractor who can determine how long the EIS will take. Mr. Cline responded that he is not sure that the document will be an EIS to the letter. It is an analysis addressing the things the three cities want addressed. In that light, he would expect a reasonable timetable. NSP does not want to put the area at risk of outages. He suggested that he take the information Council provides, prepare a resolution and get it to the city staff for Council's review in two weeks. Mayor Mertensotto responded that Mendota Heights cannot bind South St. Paul or Sunfish Lake, and those cities should pass the same resolution and they, and Inver Grove Heights, should add their concerns to the list of items to be included in the EIS. Councilmember Schneeman asked if there is any research being done on using material other than concrete for burying the cable. Mr. Callahan responded that there are other types of underground construction that reduces EMF's but they have problems also. Responding to a question from Councilmember Dwyer about whether NSP or the cities should select the independent consultant, Page No. 11 March 6, 2000 Mr. Cline suggested that NSP submit a firm to the city. If the city agrees, NSP will retain that consultant. Mayor Tiffany stated that a similar situation is being proposed in Minnetonka, where NSP applied for a conditional use permit for a substation. That was denied, and it is in the process of negotiation. Minnetonka laid out the provisions for an EIS, and the materials submitted by NSP may be subject to review by independent consultants who must get the approval of both the city and NSP. The consultant must be paid by the applicant. He stated that in this case, if the cities need an independent consultant to review the data, NSP must pay for that consultant as well. Mayor Mertensotto stated that NSP should prepare requests for proposals and submit the RFP to three consultants and make a recommendation to the cities. The cities would have to approve the consultant. Councilmember Huber suggested that the city request a copy of Minnetonka's ordinance relating to the EIS process. Mayor Mertensotto stated that all of the cities in northern Dakota County where the transmission line would go will be involved. He further stated that the EIS will addressed the health and welfare of the community, and that Council expects the consultant to address reasonable alternatives. Mr. Cline stated that his plan would be to draft a resolution, agreeing to do the EIS, and submit it to the city's staff. NSP will suggest two or three consultants and Council can interview them if that is desired. He further stated that he will approach Sunfish Lake and South St. Pual as soon as possible. Mayor Mertensotto informed Mr. Cline that if NSP cannot get the resolution to the city by April 8, Council can either deny the application or NSP can submit a written request for a six month extension. Councilmember Dwyer suggested that the Dodge Nature Center be asked to express their concerns. Mayor Mertensotto stated that Council's primary concern is the health, welfare and general interest of the community. He listed the following as items that must be addressed in the EIS: Page No. 12 March 6, 2000 1) Needs Assessment: a. Reasonable alternatives. b. Redundancy c. NSP's long range plans for changes in the metropolitan transmission grid system. 2) Health hazards as a result of EMF exposure 3) Overhead transmission lines versus buried transmission lines. (Is buried cable necessarily healthier.) 4) Minimum easement width for a 225 kV line: a. Height of poles and pole spacing. b. Safe distance between transmission line and residential structure. c. Identify residential structures adjacent to the NSP easement and measure distances. 5) Visual Impacts 6) Property Value Impacts 7) Noise 8) Dodge Nature Center — environmental issues 9) Underground option RECESS Mayor Mertensotto called a recess at 9:35 p.m. The meeting was reconvened at 9:43 p.m. CASE NO. 00-02, KIPP Council acknowledged an application from Ira Kipp for subdivision and variances to allow the subdivision of 990 Wagon Wheel Trail. Council also acknowledged associated staff reports, a soils report, and a letter from Timothy Pabst on behalf of Henry and Kathryn Pabst and Donna Anderson, objecting to the proposed subdivision. Assistant Hollister gave a brief introduction and reviewed the Planning Commission discussion and recommendation. He explained that the original application was for six lots, but that was scaled down to five lots and now to three lots plus the lot on which the existing home is located. All of the lots are much larger that the R -1 zoning requires. The Planning Commission recommended approval for the three additional lots subject to a 40 foot public right- of-way along the east edge of the lot and that the northern most lot being created face the new road. Various neighbors spoke at the commission meeting, and most of the discussion at the February Planning Commission meeting revolved around access. Mr. Kipp would like a shared private driveway. Some members of the commission want an urban section street. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that the existing lots are served by sanitary Page No. 13 March 6, 2000 sewer and water in Wagon Wheel Trail and Mr. Kipp has a four inch service. The new lots could not hook into that. There would need to be municipal sewer and water brought in from Wagon Wheel to serve the new homes. Mayor Mertensotto stated that he viewed the property on Sunday, and to the east there is a road going in to the Pabst property. Mr. Tim Pabst stated that it is a private drive. There is a Pabst driveway and Mr. Kipp has his own driveway. When Mr. Lovegren, who is a friend of the Pabsts, built his former home, he put in a driveway that he and the Pabsts shared. One side of the driveway is now Mr. Kipp's and the other side is the Pabsts'. Mayor Mertensotto stated that the maple trees are a valuable asset to the area and there is no reason why Mr. Kipp would not want to retain them. He felt that a public right -of -way can be dedicated so that an internal cul -de -sac is not needed. Vehicles would go in on one side of the trees and come out the other side. He stated that he understands that there is some concern by the neighbors about platting lots and having to pay taxes on them, but a road could be brought in and the Pabsts and Ratchyes would not have to subdivide their land, but the city would know how any future lots would be served. Mr. Pabst responded that his parents have no interest in combining their driveway with Mr. Kipp's driveway as a public street. They want to retain their private driveway. Mr. Boyd Ratchye stated that the driveway is jointly used and plowing is spread three ways (Kipp, Pabst and Ratchye). It was used jointly until Mr. Kipp moved in. He opposed the current proposal with a large turn around that would cause a large cul -de -sac, and asked that it be redesigned with a full public street to avoid the large cul -de -sac. The driveway has been jointly used for the six years he has owned his home, and the expenses are spread three ways, and it is only since Mr. Kipp moved in that Mr. Pabst suggested that it not be shared. He felt that a looped public street would protect the trees and avoid a cul -de -sac. The cul -de -sac would impact his home and his property value and removes the bulk of the existing evergreen trees. Responding to a question from Councilmember Krebsbach, Mayor Mertensotto stated that as long as a proposed subdivision meets city requirements it can be subdivided, but there are also common sense Page No. 14 March 6, 2000 rules that apply. One of those common tenants in subdividing land is to put structures on public streets. He felt that the maple trees that are in the boulevard area are a real asset to the area. Councilmember Krebsbach stated that adding three new houses would markedly change the area. Mayor Mertensotto responded that he felt it would be a major improvement for the better. Councilmember Huber stated that this is a situation where some day the adjoining property owners may wish to develop their land. Council must make sure that it takes a path now to properly prepare for potential future development. Someday either the neighbors or their successors will likely want to subdivide their land. Mayor Mertensotto expressed concern about how this would be served with public utilities. Council must look at how to provide utilities to this area and how to provide access. The road would need to be compacted and stabilized. Council must think of the interest of all of the land owners. The land owner is trying to develop his property and Council does not want to box the neighbors in. If the Pabsts are concerned about paying an assessment, they will not develop their land. He felt the proposal would be improved by avoiding a cul -de -sac and making a street be a one -way loop. There does not need to be sixty feet of right -of -way, as there are places where the city has constructed 24 foot wide streets. Mr. Paul McGinley, project surveyor, reviewed the current plan for the Kipp subdivision. The plat consists of three platted lots with a 40 foot public right -of -way width. A circular driveway is proposed to connect between the Kipp and Pabst property, and Mr. Kipp does not want through traffic on the shared driveway. The notion of a public street going through and coming back out is opposed by Mr. Pabst, who owns a 55 foot wide strip of land to Wagon Wheel, and Mr. Ratchye shares that. They have no interest in a public street. There is a deed restriction on Mr. Ratchye's property such that only one more home could be built on his property. The only further development he could see in this area would be the Kipp development and one additional lot on the Ratchye property. They propose a 20 foot bituminous roadway. That has been reviewed by the Fire Department, and he has had many discussions with Chief Maczko about the radius of the cul -de -sac. There is a 25 foot inside radius and 45' outside radius, which is what Chief Maczko assured Mr. McGinley the fire department needs. He stated that the roadway Page No. 15 March 6, 2000 and cul-de-sac were designed to preserve the maple trees. The homes will be kept out of the woods as much as possible to save existing trees. The same proposal could be used with a full 60 foot right-of-way but that would have no purpose other than to meet common design, and it would cause much damage to the trees and push the houses back into the woods. The lots are larger than required by ordinance. The house at Wagon Wheel has been turned to face the internal street, which will be a dedicated public street, as recommended by the Planning Commission. The design calls for sewer to be constructed along the right-of-way and that would be available to the Pabst property, et al, in the future as needed. Mayor Mertensotto stated that the city does not have a standard for 20 foot wide city streets. The city's zoning ordinance requires that every residential structure be on a city street. He stated that the proposed narrow street is a foolish layout from a municipal planning standpoint. He also pointed out that the city must maintain the sewer and water lines. Councilmember Krebsbach stated that this is an area of large lots. She further stated that the proposed subdivision would significantly change the area but Council is at a loss to keep it as it has been. Mayor Mertensotto stated that Council could deny the application if there is no public street. Mr. Ratchye informed Council that the neighbors have applied for rezoning from R -1 to R- I B. He was present this evening because the turn around on the plan is new to him from the Planning Commission meeting when there was no turn- around. The turn around will have headlights flashing into his house, whereas the loop street would be in front of Mr. Kipp's existing home. He felt that the proposal would diminish the value of his property, and he requested that it be resubmitted for engineering review. Mr. McGinley responded that the drawing Mr. Ratchye is referring to was the preliminary plat sheet, which was one of a three sheet set. The turn around has always been in its proposed location. Mayor Mertensotto suggested that an informal meeting be convened at City Hall to address the neighborhood concerns and cause the least amount of disruption. Mr. Kipp stated that in the early stages of the plan he thought about using the existing driveway as a loop and Mr. Pabst sent him a letter Page No. 16 March 6, 2000 saying he did not want anyone using his driveway. He also informed Council that he is attempting to keep as many trees as possible by using the proposed roadway. Mayor Mertensotto suggested that the matter be continued to see if a solution can be worked out. The subdivision does not meet the requirement for a public street and planning for potential future construction in the area. Councilmember Dwyer asked if Mr. Kipp's home would have 100 feet of frontage on the new street. Mr. McGinley responded that he would have 38 feet of road frontage on the lot and 100 feet of width at the building setback. Councilmember Huber stated that he understands that there is an application going forward to change the zoning in the area. He wanted that to be clear so that the Planning Commission does not do something that conflicts with its recommendation on the Kipp subdivision application. Mr. Scott Miller, 1021 Wagon Wheel, stated that the neighborhood wants rezoning to 40,000 square foot lots, and the Kipp proposal comes close to that. Mayor Mertensotto stated that the Kipp application will proceed independent of any rezoning because Mr. Kipp has an application in process. Assistant Hollister informed Council that the 120 day deadline will be reached in mid-March. Mayor Mertensotto asked Mr. Kipp if he would grant the city a thirty day extension. Mr. Kipp responded that his attorney has advised him to stick with the 120 days. He stated that Council could deny the application if it has cause. He informed Co-uncil that he has talked to the neighbors and has come tip with a plan that most of them like. He did not believe he could reach a compromise in a meeting with the other neighbors. Councilmember Schneeman stated that she likes the proposed development but would like to discuss it with the Pabsts. She did Page No. 17 March 6, 2000 not want the subdivision to be divisive to the neighborhood, and pointed out that infill development will continue to occur. Councilmember Huber stated that Council must appropriately address the ultimate future development of properties around this property. He stated that he would rather that Mr. Kipp grant the 30 day extension to allow time to further discuss the issue. Mr. Kipp asked for a clarification — if the neighborhood is rezoned and if his lot were to be rezoned also, would that negate his platting. Mayor Mertensotto asked if the property is part of the rezoning application. Mr. McGinley responded that it was erroneously included within the application. City Attorney Hart stated that the City Council has the right to initiate a rezoning on its own. The fact that a rezoning decision may have an adverse impact on the value of anyone's property does not give that person a right against the city. The question is whether the property would have reasonable value. Mayor Mertensotto asked how the parcel became part of the rezoning application when Mr. Kipp did not consent to it or sign the appliation. Mr. McGinley responded that it was an application made by neighbors and Mr. Kipp has no interest in it. Mayor Mertensotto stated that someone from the Council will have to be at the neighborhood meeting to direct the negotiations, to get the facts on the table, and to see whether there is room for compromise and whether the compromise would be in the best interest of the city. Mr. Kipp asked what he would be agreeing to if he agrees to a 30 day extension. Councilmember Huber responded that if Mr. Kipp is concerned that he would agree to delay 30 days and then have to have 40,000 square foot lots rather that 15,000 square foot lots, he should not be concerned. He stated that he would not vote to require 40,000 square foot lots. Page No. 18 March 6, 2000 Mr. Kipp stated that he would make himself available for a meeting any time next week and that he would like to return to the next Council meeting. It was the consensus to conduct an informal meeting on March 15 at 6:30 p.m. at City Hall and that Mayor Mertensotto and Councilmember Huber attend the meeting as Council representatives. Mr. Kipp agreed to a thirty day extension on his application, to the first Council meeting in April. CASE NO. 00 -14, LARSON Council acknowledged an application from Mr. & Mrs. Gordon HESSELROTH, DALGLISH, Hesselroth and Mr. & Mrs. Herb Dalglish for a preliminary plat to subdivide property located between 1661 Mayfield Heights Road and 1054 Mayfield Heights Road and an application from Mr. & Mrs. Timothy Larson for a critical area permit to allow construction of a home on the newly created lot. Council also acknowledged associated staff reports, a letter from the DNR, and a soil survey for the property. Assistant Hollister gave a brief introduction and reviewed the Planning Commission discussion and recommendation. Referring to the Planning Commission discussion, Mayor Mertensotto stated that Council does not grant variances in the critical area and would grant a building permit. The subdivision is metes and bounds, and the city installed sewer and water to serve the proposed lot. This is entirely different from someone wanting to build on the slopes. The new lot can be created and meet all city requirements, and the slopes really do not matter because the area that is proposed to be built on is already part of a developed lot. Councilmember Dwyer moved adoption of Resolution No. 00 -13, "A RESOLUTION APPROVING A PRELIMINARY PLAT AND CRITICAL AREA PERMIT TO CREATE A NEW LOT ON MAYFIELD HEIGHTS ROAD." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00 -09, McMANUS Council acknowledged an application from Mr. Bruce McManus for a wetlands permit to allow construction of a screen porch addition at Page No. 19 March 6, 2000 720 Marie Avenue. Council also acknowledged associated staff reports. Mr. McManus was present for the discussion. Assistant Hollister gave a brief introduction and reviewed the Planning Commission discussion and recommendation. Councilmember Schneeman moved adoption of Resolution No. 00- 14, "A RESOLUTION APPROVING A WETLANDS PERMIT TO BUILD A SCREEN PORCH TO WITHIN 22 FEET OF A DRAINAGE WAY AT 720 MARIE AVENUE." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00-11, THOMPSON Council acknowledged an application from Mr. Sam Thompson for a rear yard setback variance and wetlands permit to allow construction of a porch and deck addition at 703 Cheyenne Lane. Council also acknowledged associated staff reports and signatures of consent from neighboring property owners. Mr. Thompson was present for the discussion. Assistant Hollister gave a brief introduction and reviewed the Planning Commission discussion and recommendation. Councilmember Krebsbach moved adoption of Resolution No. 00- 15, "A RESOLUTION APPROVING A SIXTEEN FOOT REAR YARD SETBACK VARIANCE AND A WETLANDS PERMIT TO BUILD WITHIN 70 FEET OF A WETLAND FOR A PORCH AT 703 CHEYENNE LANE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00 -10, MENDOTA Council acknowledged an application from Mendota Heights HEIGHTS ASSOCIATES Associates for a preliminary plat to allow a two- building office development on Lexington Avenue at Mendota Heights Road. Council also acknowledged associated staff reports and a letter from Mr. Peter Coyle, legal counsel for the applicants. Mr. Tony Feffer, Mr. Bruce Haverly and Mr. Peter Coyle were present on behalf of Mendota Heights Associates. Administrative Assistant Hollister gave a brief introduction and review of the Planning Commission discussion. Page No. 20 March 6, 2000 Mayor Mertensotto asked where the watermain easement is located. Public Works Director Danielson responded that it is in the old Lexington Avenue right -of -way. Mayor Mertensotto stated that his only concern with the proposal is that it is located on a highly visible sight and the garages face Lexington. He stated that he would rather have the garages facing the freeway. Councilmember Krebsbach stated that she would prefer the garages on the sides of the buildings so that they cannot be seen from the front or from the freeway. Mr. Coyle responded that the applicants would like to work with the city's staff after the fact on a design that would have the garages shifted to the side and to the back (with a shared driveway), so that the front elevation of the structure would be all office. Mayor Mertensotto asked if all of the parking must be to the front of the building. Mr. Coyle responded that development of the lot is constrained by j the existing drainage and utility easement. While a parking lot can be built over the easement, a building cannot. He informed Council that the applicants checked with MnDOT about bringing a driving lane to the rear, but MnDOT would not discuss it. MnDOT will not allow the applicants to do anything in its easement area to the rear of the building. Councilmember Krebsbach stated that before Council takes any action, she would. like to see a revised sketch showing the garage locations and a landscaping plan. Mr. Coyle responded that the applicants are willing to move the garages and have no objection to returning with a revised plan. Mayor Mertensotto stated that expansion using dormers would look fiumy if one of the buildings is low and the other has a second story. Mr. Haverly responded that all they would do would be to add skylight windows. The roof lines would be the same if the structures are one story or have a second story loft. Page No. 21 Fetfflm The City Council expressed approval for the concept subject to review and approval of the revised sketch to be submitted on March 21. CASE NO 00 -12, ZONING Council acknowledged a memo from Assistant Hollister regarding ORDINANCE AMENDMENT a proposed amendment to the Zoning Ordinance to remove the requirement for Type III building construction in the city's B and I Zoning Districts (Section 4.17(3)j). Council also acknowledged a memo from Public Works Director Danielson regarding state building code compliance and a letter from the Minnesota Department of Administrator recommending that the ordinance section be rescinded. Councilmember Krebsbach moved adoption of Ordinance No. 338, "AN ORDINANCE AMENDING ORDINANCE NO. 401,11 to delete Section 4.17(3)j. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Huber gave a brief update on NDC4 and asked Council to give him feedback on the Joint Powers Agreement at the next meeting if possible. Administrator Batchelder informed Council that he has received a petition for coyote control and will place it on the next Council agenda. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:08 p.m. Zaiffi—leen M. Swanson City Clerk ATTEST: j Charles E. Mertensotto Mayor