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1997-09-02 Council minutesPage No. 1 September 2, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 1997 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, Koch, Krebsbach and Smith. Mayor Mertensotto informed the audience that former Fire Chief Arnie Siebell, who served on the fire department for over thirty years, passed away on September 1, 1997 after a lengthy illness. Council and the audience observed a moment of silence in recognition and as a tribute to Mr. Siebell's lengthy service and dedication to the city. On behalf of the City Council, Mayor Mertensotto expressed condolences to Mrs. Siebell and family members. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved to acknowledge receipt of the amended Ayes: 5 Nays: 0 minutes of the July 22, 1997 Joint City Council/Planning Commission meeting on the draft cellular/PCS ordinance. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Koch moved approval of the minutes of the August 5, 1997 regular meeting as amended. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Huber Councilmember Krebsbach moved approval of the amended minutes of the August 19, 1997 meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 2 September 2, 1997 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items g, i and 1 to the regular agenda and to remove item p (establishing a school speed zone) to allow for receipt of additional information, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 13, 1997 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the Planning Commission meeting held on August 26, 1997. c. Acknowledgment of the Building Activity report for August. d. Acknowledgment of the unapproved minutes of the July 2, 1997 NDC4 Commission meeting and the August 6, 1997 Executive Committee meeting. e. Acknowledgment of revised budget forms. f. Adoption of Resolution No. 97 -49#% RESOLUTION ADOPTING PROPOSED BUDGET," Resolution No. 97 -50, "RESOLUTION APPROVING TENTATIVE 1997 COLLECTIBLE IN 1998," and Resolution No. 97 -51, "RESOLUTION APPROVING FINAL 1997 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 1998." g. Approval to schedule a Council workshop on September 30, 1997 at 7:30 p.m. to discuss proposed Bunker Hills area street improvements and to direct staff to send letters to the Bunker Hills residents to inform them of the workshop. h. Adoption of Resolution No. 97 -52, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR TILSEN'S HIGHLAND HEIGHTS STREET RECONSTRUCTION AND SURROUNDING AREA IMPROVEMENTS (IMPROVEMENT NO. 96, PROJECT NO. 4)." i. Authorization for the issuance of a building permit to Lloyd's Meats to construct a parking lot in accordance with plans dated August 21, 1997. j. Approval of plans and specifications for Victoria Curve safety improvements and authorization for staff to advertise for bids, Page No. 3 September 2, 1997 with the stipulation that costs associated with the project will be funded by Tax Increment financing. k. Approval for the Parks and Recreation Commission to cancel its meeting scheduled for September 9. 1. Approval of the list of contractor licenses dated September 2, 1997 and attached hereto. m. Approval of the List of Claims dated September 2, 1997 and totaling $347,376.64. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT Council acknowledged a memo from Fire Chief Maczko APPOINTMENTS regarding the appointment of probationary firefighters. Council also acknowledged letters from Firefighters Richard Zwirn and Paul Dreelan. Chief Maczko was present for the discussion. Mayor Mertensotto stated that he understands that Chief Maczko would like Council to grant probationary appointment to five potential candidates, Rob Galezewski, Tracy Wilcziek, John Boland, Richard Burrows and David Bell to the fire department so that the candidates can begin Vo -Tech training on September 15. He informed Chief Maczko that Council does not want to increase the department complement above the 36 person maximum. He expressed concern over additional exposure for workers' compensation and other benefits. Chief Maczko responded that the candidates would not receive any compensation to attend training at the Vo -Tech, but they would receive mileage. He explained that in addition to the vocational school training, the candidates will at the same time receive training at the fire station so that when they have completed their schooling in mid - December they can begin fire fighting. He informed Council that before training is completed, new firefighters are not allowed to go out with the first response truck or participate in interior fire fighting. He stated that fire fighting gear must be provided for them. Mayor Mertensotto pointed out that there are currently only three vacancies on the department and appointing two additional candidates in anticipation of retirements of two members could create real problems. Page No. 4 September 2, 1997 Chief Maczko responded that two firefighters have submitted letters stating that they will be retiring or resigning by the end of the year, and unless all of the candidates are appointed and begin training, the department will be two members short at the beginning of the year. He informed Council that the next Firefighter I class is in March, and if two appointments are delayed, those firefighters would not be able to begin fire fighting until they complete the training. He stated that appointments are generally coordinated with retirements and other openings so that two or three people can be trained at the same time. He stated that this time, when the recruitment process was started in April, there were three openings to fill. Since that time, two fire fighters have indicated that they would be leaving at the end of the year, so he felt it would make good sense to make five appointments so that the department would be at full complement at the beginning of the year rather than appointing three now and two more in three months. Mayor Mertensotto responded that there are three openings now and Council has always filled existing openings and not increased the complement of the department. He also noted that one of the letters states that the firefighter intends to resign, but not that he will be resigning. Chief Maczko stated that the five candidates not only want to be firefighters, but that they also are willing to do daytime response, which is critical for the department. Councilmember Smith stated that if the city has resignations she does not think it would be unusual to make the appointments, and if there is an overlap the department will be at full complement with trained firefighters to fill in right away at the beginning of the year. She stated, however, that she agreed with Mayor Mertensotto that the letter from one of the firefighters is not clear that he will be resigning, because it states that he intends to resign — which is not a definite resignation. Mayor Mertensotto stated that if the letter stated that the firefighter will be resigning on December 31, Council could accept the resignation. Councilmember Huber stated that he agrees in a sense, since until the firefighter actually resigns, he could change his mind at any time. He stated however that the firefighter has served the city honorably, and he did not think the individual would give the city a letter stating his intent and then rescind it. Page No. 5 September 2, 1997 Mayor Mertensotto pointed out that he is concerned over setting precedent, stating that Council would not want to set a precedent to increase the complement of the department to more than 36 members. Councilmember Huber did not believe precedent would be set, stating that the appointments are more driven by the timing of training availability through the vocational school. He felt that Council should appoint all five candidates, since the two firefighters who submitted letters have served honorably and have stated their intent. Councilmember Smith asked if two of the candidates could be appointed on a contractual basis until such time as the openings are definite. She also asked if the five individuals would only be obligated to respond to calls during the daytime. Chief Maczko responded that they would be obligated to respond to calls whenever they are available, but they have permission from their employers to respond during the day or they work hours that would allow daytime response. He explained that each of the candidates has been notified, through a memorandum of understanding, that if conditions change and they cannot respond during the day they will be released from the department. He recommended that all five candidates be appointed so that they can begin Firefighter I training. Mayor Mertensotto responded that the letter from one of the firefighters is a matter of interpretation, and putting on an extra firefighter will impact the department budget and workers' compensation cost. Councilmember Koch felt that the letter is a letter of resignation even though it uses the word intent. Councilmember Koch stated that she does not believe a precedent would be set since there are three current vacancies and two individuals have submitted letters saying they are leaving the department on December 31. Councilmember Smith stated that she feels Council should appoint people to the number of openings which exist, and for which Council has received letters of resignation, but that there seems to be some question on whether Council actually does have letters of resignation in hand. She asked Chief Maczko if he feels that the two firefighters Page No. 6 September 2, 1997 would sign a letter of resignation drawn up by the city, since there seems to be a question of interpretation on the letters which have been submitted. Chief Maczko responded that the individuals would probably sign the letters. He stated that one of the letters has been re- drafted already, and if there is some other language that Council feels is more appropriate he would be happy to bring them to the individuals. Councilmember Smith stated that she has no doubt that the two individuals are serious about resigning, but if they should change their minds for some reason, the maximum complement of the department would be exceeded at the end of the year. Mayor Mertensotto stated that the letters should be very clear in stating that the individuals ask the city to accept their resignations effective on December 31, 1997. He pointed out that the existing letters are not actually letters of resignation, and the individuals could delay their resignations beyond the effective date. Chief Maczko stated that the department and the two members have done a good job for the city and he regrets that Council thinks there may be some game playing going on. Councilmember Huber moved to accept the Fire Chief's recommendation for appointment of the five candidates so that they can begin training in anticipation of the resignation of two firefighters plus the three existing vacancies. Councilmember Smith asked whether Councilmember Huber would agree to conditioning the appointments on city receipt of letters from the two firefighters which ask the city to accept their resignations effective on December 31, 1997. Councilmember Krebsbach stated that she would prefer that three individuals be appointed and that the other two be given provisional appointment until the resignations are effective. Councilmember Huber stated that he would not agree to such an amendment to the motion, because the two provisional appointees would feel second best. He called for a vote on the motion. Vote on Motion: Ayes: Huber, Koch Nays: Mertensotto, Krebsbach, Smith Page No. 7 September 2, 1997 Motion failed. Councilmember Krebsbach moved to grant probationary appointment to the five recommended candidates conditioned upon receipt of redrafted letters of resignation so that they are standard letters of resignation, and with the understanding that if no redrafted letters are received, only three appointments will be effective, and if one letter is received, only four appointments will be effective. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 97 -23, MOEN- Council acknowledged a memo from Assistant Hollister regarding LEVER the withdrawal by Moen -Leuer of its application for office - warehouse development for the Tousignant site on Mendota Heights Road. Council also acknowledged a letter from Moen -Leuer stating that it has sold the property to United Properties and a letter from Dale Glowa, of United Properties, stating that United Properties has agreed to acquire the property and is not interested in the development plan previously submitted by Moen - Leuer. Mayor Mertensotto stated that the Moen -Leuer letter is meaningless since it does not withdraw the application, and asked whether it has been made clear to Moen -Leuer that they were granted a thirty day extension and Council must make a decision on the application. He stated that either Moen -Leuer must withdraw the application or Council can deny it. He further stated that although the application did not go through the entire planning process, the city has expended money on the process and if United Properties takes over, it must submit a new application and fees. Assistant Hollister responded that United Properties has asked that the city accept the withdrawal of Moen - Leuer's application rather than denying the application. He explained that the Moen -Leuer letter simply states that they are not going to pursue the application, but both Moen -Leuer and United Properties have indicated that they would be willing to put in writing anything the city desires. Mayor Mertensotto stated that he could support accepting withdrawal of the application with the understanding that Moen - Leuer will forfeit all application fees that it has submitted and the matter will be terminated. He stated that based on the United Properties statement that it would prefer that the application be withdrawn, he would recommend that Council accept the withdrawal on the condition that the application would be terminated and all fees would be forfeited. Page No. 8 September 2, 1997 Councilmember Smith moved to approve Moen - Leuer's request to withdraw its planning application number 97 -23 with the condition that Moen -Leuer forfeits all application fees and that the case is hereby terminated. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 MCTO Council acknowledged a memo from Administrator Batchelder regarding MCTO bus route proposals. Council also acknowledged letters from Ms. Sue Light, 970 Wagon Wheel Trail; Mr. Mark Ascher, 2061 Patricia Street; Ms. Marilyn Hays, 2085 Patricia; Mr. Lawrence Wenzel; and Ms. Debbie Smith, 1088 William Court, responding to a letter from the city administrator to residents along Wagon Wheel and Lexington regarding proposed route changes. Council also acknowledged a log of telephone responses to the letter. Responding to Council questions, Administrator Batchelder stated that Route 425 begins at the Mall of America with the intent of taking students to Brown Institute and also to serve the city's industrial park. When it gets to South Plaza Drive, the route changes to 95MU, at which point it will pick up Mendota Heights residents who wish to travel to downtown Minneapolis. He stated that 95Mu will begin in Mendota Heights rather than West St. Paul so that service can be provided to Mendota Heights residents. He also explained that the turn- around at the senior housing facility was provided to serve MCTO. Councilmember Krebsbach responded that the turn- around seems to be serving more than the senior housing facility, so there will be more people coming to the facility. She stated that she wants to be sure that the increased traffic will not create a problem for the seniors. Councilmember Smith stated that she feels that there could be stops created that would be more conducive to ridership, such as a route along Pilot Knob to T.H. 13 and then over to Center Pointe to the new bank, where people from North and South Lexington could pick up bus service to Minneapolis. Mayor Mertensotto pointed out that MCTO has given the city the information as a courtesy and in a cooperative effort and that MCTO does not need any action from the city on the proposed routes. He directed Administrator Batchelder to inform MCTO that responses to the neighborhood survey indicated that residents along Lexington Page No. 9 September 2, 1997 and Wagon Wheel are not interested in expanded bus traffic. He suggested that Council give MCTO a consensus that based on the survey results Council would prefer that MCTO use Mendota Heights Road west of Dodd Road, and Dodd Road. Councilmember Krebsbach stated that she would also like to be able to have input next spring before the routes are implemented It was the consensus that the MCTO routes should be operated on Mendota Heights Road, west of Dodd Road, and along Dodd Road and that MCTO be informed that Council would like the opportunity for input before any future changes are made. WENTWORTH PARK Council acknowledged a memo from Parks Project Manager SHELTERS Kullander regarding bids received for construction of two picnic shelters in Wentworth Park. There was discussion over why only one bid was received and why the bid exceeded the city's estimate by 50 %. Because It was the consensus of Council to authorize staff to re -bid the project early in the spring of 1998. NORTH KENSINGTON PARK Council acknowledged a memo from Parks Project Manager Kullander regarding bids received for North Kensington Park landscape improvements. Councilmember Smith moved to accept the bids and award the contract for North Kensington Park landscape improvements to R.L. Reynolds Construction for its low bid of $40,116. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TREE PLANTING BIDS Council acknowledged a tabulation of bids received for the 1997 boulevard tree planting program. Councilmember Krebsbach moved to award the contract for the 1997 boulevard tree planting program to Greenworks, Inc., for its low bid of $11,200. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 10 September 2, 1997 AIR NOISE PLAN Council acknowledged a memo from Administrator Batchelder regarding the Airport Relations Commission's Air Noise Plan of Action. Commission member Ellsworth Stein was present for the discussion. Administrator Batchelder reviewed the Plan for Council and the , audience and responded to Council questions. Council expressed appreciation to the Airport Relations Commission. Councilmember Smith suggested that Council form a subcommittee, representing Council, the Airport Relations Commission, Planning Commission and city staff, to deal with some of the more imminent issues (such as planning), that go beyond air noise. TEMPCO Council acknowledged a memo from Administrative Assistant Hollister relative to continued discussion on tax increment fmancing for improvements to the Tempco site. Assistant Hollister informed Council that staff has not received any response from Tempco to the proposed TIF agreement. It was the consensus to table discussion until such time as a response is received from Tempco. STREET NAME CHANGE Council acknowledged a letter from Dakota Bank President John Seidel requesting that the city change the name of the T.H. 110/Lexington Avenue Frontage Road to "Dakota Drive." Council also acknowledged an associated memo from Public Works Director Danielson and a letter from property owners opposing the name change. Public Works Director Danielson informed Council that he has received written concurrence with the name change from all of the property owners on the frontage road with the exception of Mr. & Mrs. Eldeeb. It was the consensus of Council to table action on the request until the Eldeebs can be contacted to see if they are in agreement with the name change. HUBER/DELAWARE Council acknowledged a memo from Public Works Director Page No. 11 September 2, 1997 AVENUE TURN LANES Danielson regarding installation of a right turn lane on Delaware Avenue at Huber Drive and a letter from Mr. & Mrs. Roger Shepherd, Jr., 2155 Delaware Avenue, objecting to the turn lane. Mayor Mertensotto stated that as a general policy, he does not want the city to use condemnation proceedings unless there is a serious safety concern. Councilmember Smith stated that the problem with the intersection is that people come over the rise on Delaware and do not have sufficient time to react. She suggested that Council discuss the matter with the Shepherds to see if their concerns can be addressed. Public Works Director Danielson informed Council that the Shepherds are considering subdividing their property in the future, and the city could wait to acquire the additional right -of -way at that time. It was the consensus to appoint Councilmember Smith to serve as a Council subcommittee to contact Mr. & Mrs. Shepherd and discuss the matter. RIGHT -OF -WAY RELEASE Council acknowledged a letter from Mr. John Leach and Mr. Tom REQUEST Leach requesting that the city release its interest in the Mn/DOT right -of -way at the northeast quadrant of the intersection of T.H. 110 and Dodd Road. Council also acknowledged a related memo from Public Works Director Danielson. The applicants were present for the discussion. Council discussed the request with the Leachs' and informed them that the city is in the process of updating the Comprehensive Plan and that Council has refrained from releasing any parcels from the unused Mn/DOT right -of -way until Council can see how the development of the property should best be guided. CASE NO. 97 -27, Council acknowledged an application from Roseville Properties for ROSEVILLE PROPERTIES a simple lot division to readjust the lot line between Lot 6 and Lot 5 of Block 1, Yorkton Centre Pointe South. Council also acknowledged associated staff reports. Mr. Hugh Cullen, from Roseville Properties, was present for the discussion. Mr. Cullen explained that when he purchased the land south of the Centre Pointe building, he discovered that there was a 60 foot easement between Parcels A & B that turned out to be on the „aY;,,� Page No. 12 September 2, 1997 lot, and he wants Center Pointe to have the dedicated land for parking. It was the consensus that Roseville Properties must submit executed easement documents granting the city five foot utility easements along the new lot lines, and to table action on the matter until September 16. CASE NO. 97- SCHNEEMAN Council acknowledged an application from Mr. Eric Schneeman for a variance to allow installation of a fence on city property. Council also acknowledged associated staff reports. Mr. Schneeman submitted and reviewed revised drawings. He explained that he is asking for two variances, one in the front yard and one in the back yard. He explained that his home is on a cul- de -sac and there is a 20 foot easement on his side of the road. He stated that he would like to install a split rail fence around most of his yard and is asking for a variance to place the fence thirteen feet from the curb. Mayor Mertensotto informed Mr. Schneeman that one of the reasons why the city has never permitted structures within the fifteen foot boulevard area behind the curb is because structures can interfere with snow plowing or be subjected to potential damage from snow plowing. Mr. Schneeman responded that a setback fifteen feet from the curb would be acceptable. He informed Council that much of his back yard is natural and a city trail runs along his side yard. He stated that people come down the street, and, because of bushes, miss the path and end up going down his driveway. He stated that he has five children and many things end up in the driveway, causing a safety problem. He also stated that there is a very steep drop off in the back of his property. He informed Council that he would like to install the fence in the front yard to clearly define it as a yard so people do not go onto it and that he would also like to put the fence in the back to keep people from getting hurt. Councilmember Smith stated that perhaps some of the bushes are not located properly on the city property. Councilmember Huber stated that the trail is bituminous, as is the Schneeman driveway, and people who are not familiar with the trail might mistake the driveway for the trail. He stated that the trail is Page No. 13 September 2, 1997 the access to Valley Park and there is signage to tell people to get off of their bikes because the hill is so steep. Councilmember Smith stated that as it is proposed, the fence would be on quite a bit of city property. Mr. Schneeman responded that he would donate the fence to the city because the fence would be for safety for those using the trail, and that he will maintain the fence. He further stated that if the city ever runs into any problems because of the fence, the city could take it out. He stated that a fence cannot be installed in his back yard unless it is on city property. Mayor Mertensotto suggested that Council could allow the fence to be placed on city property with the understanding that if it is on city property it belongs to the city but if Mr. Schneeman does not maintain the fence or if there are any problems caused by the fence, the city will remove it. There was discussion over how much snow storage space is needed by the city on cul -de -sacs. Mr. Schneeman stated that the fence will be split rail and snow should go through it, as opposed to a side by side privacy fence which would cause snow to mound. Councilmember Smith asked Mr. Schneeman if it is his expectation that snow plowing would not stop and that snow could mound. Mr. Schneeman responded that he would not expect the city to change its plowing procedure. Mayor Mertensotto informed Mr. Schneeman that if the variance is granted, no plantings could be installed around the fence and that anything planted in the boulevard area is subject to snowplow damage and the city would not replace or repair anything in the boulevard that is damaged. Councilmember Smith expressed concern about the back yard area and the encroachment of a fence on right -of -way. Councilmember Huber responded that if someone were going down the path and lost control of a bike, they would not hit the proposed fence. Page No. 14 September 2, 1997 Responding to a question from Councilmember Krebsbach, Mr. Schneeman stated that the fence would be eight feet from the trail. Councilmember Krebsbach pointed out that if someone were moving quickly on roller blades, eight feet is not very wide. Mayor Mertensotto stated that if the fence is approved, the city should require Mr. Schneeman to enter into a recordable agreement which would set forth the city's rights, including that once the fence is installed it becomes city property but as long as the fence exists as an enclosure for the yard, the property owner must provide maintenance. Councilmember Smith stated that the city should also be held harmless against anything that might happen to the Schneeman family, visitors, etc. Councilmember Krebsbach stated that she would need to be absolutely certain that the fence is placed far enough away from the trail so that it does not contribute to any type of hazard. Councilmember Smith expressed concern about public property being used for private purposes. Administrator Batchelder stated that the drawings do not show the distance between the fence and the path and he would want that to be covered in the agreement. He further stated that he shares the concern that the fence could be too close to the path for the bicycle riders and roller bladers using the path. Council directed the city attorney to prepare a license agreement, with a new sketch showing the dimensions and location of the fence as an attachment, for execution by the Schneemans and consideration on the next Council agenda. CASE NO. 97 -28 Council acknowledged an application from Brian Convery for a CON-VERY conditional use permit to allow a detached garage at 1193 Victoria Curve. Council also acknowledged associated staff reports. Mr. Convery was present for the discussion. After brief discussion, Councilmember Krebsbach moved adoption of Resolution No. 97 -54, "A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE FOR 1193 VICTORIA CURVE." Councilmember Smith seconded the motion. Page No. 15 September 2, 1997 Ayes: 5 Nays:0 CASE NO. 97 -29, PALME Council acknowledged an application from Mr. Dave Palme for a conditional use permit for detached garage and sideyard setback variance at 1053 Wagon Wheel Trail. Council also acknowledged associated staff reports. Mr. Palme was present for the discussion. Mr. Palme explained his requests and showed photographs of his property to Council, explaining where the former garage was and where he proposes to locate the new one. He stated that he believes the city plat maps are in error and that the property dimensions he submitted are accurate. Councilmember Smith responded that it is not for Council to judge where the Palme property line is. She asked if the city has any drawings that show where the right -of -way is for the city trail that runs along the property. Public Works Director Danielson responded that Mr. Palme drew a heavy line over the line that was generated by GIS, and it shows that the garage would be totally on his property. He stated that city staff could only find one Mn/DOT property line pin, but all of the evidence the city has is that the garage is totally on the Palme property. He informed Council that even though the City Planner recommended denial, the Planning Commission clearly felt there were several hardships involved with the request and therefore recommended Council approval of the variance. Responding to a question from Councilmember Krebsbach, Mr. Danielson stated that there are slopes and trees involved if the garage were moved back, and based on those conditions, the Planning Commission felt that the structure should be built in the same location as the old garage. Mayor Mertensotto stated that whenever there is a conditional use permit, any variances are granted with it, and the variance should be included in the conditional use permit so that the conditional use permit controls. He stated that he would prefer to grant the conditional use permit to construct a detached garage in accordance with the sketch plan submitted by the applicant and the recommendation of the Planning Commission, without granting a variance, because then the conditional use permit controls the structure. He pointed out that if the structure were to be substantially damaged in the future, the owner would need to go through the Page No. 16 September 2, 1997 conditional use process again, whereas if a variance were granted, the variance would go with the property. Councilmember Smith agreed, stating that in a variance application, Council must make a determination on how large a variance is required. She pointed out that in this case, that determination cannot be made. She stated that she would like to see more vegetation planted along the property to provide a buffer from the city trail. Mr. Palme responded that he has planted over 300 trees and shrubs over the past few years. Councilmember Huber moved adoption of Resolution No. 97 -55, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE," revised to remove language referencing variances, and with the addition that the 24 by 24 foot free standing garage be constructed in accordance with the plan submitted by the applicant and on file with the city. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 VISITATION SCHOOL Council acknowledged an application from the Convent of the Visitation for a conditional use permit for a new Early Childhood Center, along with associated staff reports. Mr. Gary Ostberg, of Ostberg Architects, was present on behalf of Visitation. Mr. Ostberg stated that the school would like to have a year in which to use the conditional use permit. He explained that fund raising has not been as successful as had been hoped, and Visitation is now looking at construction in April. He explained the six programs that will occur at the Center, stating that the existing facility will be removed and there will be no increase in enrollment associated with construction of the new Early Childhood facility. After brief discussion, Councilmember Krebsbach moved adoption of Resolution No. 97 -56, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CONVENT OF THE VISITATION SCHOOL FOR A DAY CARE SCHOOL," revised to include that Visitation has up to one year from the date of issuance of the conditional use permit in which to apply for a building permit. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Page No. 17 September 2, 1997 CASE NO. 97 -31, Council acknowledged a memo from Assistant Hollister regarding a HOFFMAN HOMES request from Hoffinan Homes for concept plan review. Mr. Peter Doyle and Mr. Pat Hoffinan were present on behalf of Hoffman Homes. Mr. Doyle reviewed the concept for sixty townhouse units on about forty acres of land on the isthmus between Lake Augusta and Lake LeMay on Resurrection Cemetery property. He stated that the project would consist of 30 structures targeted at the upscale market. He stated that if the air noise contours are not changed about half of the units would fall within noise zone 4, but if it is changed to the new contours that are being discussed, all of the units would fall in zone three, which is inconsistent with residential use. He informed Council of his discussions with Mn/DOT over access points from new T.H. 13. He stated that no variances would be needed for density or setbacks and that the project would comply with the spirit of the proposed tree ordinance. Responding to a question from Mayor Mertensotto about whether the developers would intend to provide some type of access to the lake, Mr. Doyle stated that it is intended to have passive access to the lake but not public access or boat access. He stated that the intent is to encourage canoe or small sailboat use but not to allow dockage. There was discussion over noise zone restrictions and the possibility that the Metropolitan Council may expand zone three, which would cut off development of the property. Mayor Mertensotto stated that his concern is that the city has limited resources and does not want to spend a great deal of staff and consultant time on a development only to find that it cannot be approved. He stated there must be some way to find out if development could in fact be approved by the Metropolitan Council. He suggested that a subcommittee be formed, consisting of two Councilmembers and members of the Planning and Airport Relations Commissions, to review details of the proposed project, such as amenities, access, number of units, etc., and to discuss what inquiry should be made to the Metropolitan Council. He asked Mr. Hoffman to put in writing what the project consists of so that the committee has a better unified approach if it goes to the Metropolitan Council. Councilmember Smith asked whether the noise standards were automatically imposed on the city or if the Council boxed itself in in the past by adopting a noise ordinance. Page No. 18 September 2, 1997 Mr. Hoffinan responded that what the Metropolitan Council is doing is using the Comprehensive Plan approval process to force cities to do what that Metropolitan Council cannot do itself. Mayor Mertensotto stated that Mendota Heights is the only city in the metropolitan area that adopted a noise attenuation ordinance. He stated that the city is not boxed in — the ordinance speaks to building construction details for noise attenuation. McNEILL PROPERTY Public Works Director Danielson briefly reviewed his memo updating Council on the status of acquisition of the McNeill property. Mayor Mertensotto suggested that the city commence the condemnation proceedings and see what the commissioners come up with. He did not want the city to become involved with a quick take. LILYDALE PLAN Council acknowledged a memo from Assistant Hollister along with a portion of the proposed new Comprehensive Plan for the City of Lilydale. Administrator Batchelder stated that Council has only a couple of weeks to comment on the Lilydale plan. Councilmember Krebsbach stated that her biggest concern is over traffic exiting I -35E. Mayor Mertensotto responded that he does not believe there will be a problem, since Mn/DOT is going to add two lanes on the bridge in the near future. Discussion on the Lilydale Comprehensive Plan was continued to September 16. COUNCIL COMMENTS Councilmember Huber stated that a property owner on Junction Lane has trees which overhang a neighboring property, and the matter has turned into a neighborhood dispute over tree trimming. He discussed the history of the dispute for Council. Mayor Mertensotto stated that the matter is a private matter, and if there is any damage from the trees it becomes an insurance issue. He stated that all the city could do is to offer mediation assistance. Page No. 19 September 2, 1997 ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:30 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 2, 1997 Asphalt Contractor License Valley Blacktopping, Inc. Concrete /Masonry Contractor License Sonco, Inc. Excavating Contractor License Beyer Excavating J J Charles & Sons Metro Utilities, Inc. Valley Rich Co, Inc. General Contractor License Architectural Renovations Inc. D & W Construction Imperial Developers, Inc.