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1999-12-07 Council minutesPage No. 1 December 7, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 7, 1999 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. Mayor Mertensotto turned the chair over to Acting Mayor Krebsbach, who informed the audience that this is the end of her year as Acting Mayor and that Mayor Mertensotto has offered her the opportunity to chair the meeting. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes: 5 l Nays:0 APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular meeting held on November 2, 1999. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved approval of the minutes of the regular meeting held on November 16, 1999 as amended. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, amended to move item i., firefighter appointment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the November 23, 1999 Planning Commission meeting. Page No. 2 December 7, 1999 b. Acknowledgment of the unapproved minutes of the October 6 and November 3, 1999 NDC4 meetings. c. Acknowledgment of a negative declaration, findings of fact, conclusion and order from the Environmental Quality Board with respect to the need for an Environmental Impact Statement on the Southeast Metro I I 5kV transmission line project. d. Acknowledgment of Metropolitan Council approval of the city's request for a Minor Comprehensive Plan amendment for the Augusta Shores project by Hoffman Homes. e. Authorization for the extension of the Administrative Internship and the appointment of Judd Harper as Administrative Intern through March, 2000. f. Authorization for the issuance of a purchase order to ABM Equipment for a utility box for the Utility Department 1 -ton truck, for its low bid of $7,937.45. g. Authorization for the purchase of a Cutters Edge chain saw and two Tempest gas powered fans for the Fire Department from Danko Emergency Equipment for its low quote of $1,565 for the saw and $1,750.00 per fan. h. Approval of the issuance of a sign permit to Realty Executives for a 12.24 square foot sign on the sign band on the building sign band at 2025 Centre Pointe Boulevard. i. Adoption of Resolution No. 99-81, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM." j. Adoption of Resolution No. 99-82, "RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES," and Resolution No. 99-83, "RESOLUTION CERTIFYING UNPAID WEED CUTTING CHARGES." k. Approval of the list of contractor licenses dated December 7, 1999. Page No. 3 December 7, 1999 1. Approval of the List of Claims dated December 7, 1999 and totaling $376,823.47. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 HEARING: EASEMENT Acting Mayor Krebsbach opened the meeting for the purpose of VACATION a public hearing on an application from MHVS, Ltd., for the vacation of a utility easement at 1938 Dodd Road. Public Works Director Danielson informed Council that the property was replatted in 1991. There was a standard five foot easement on the old plat and during the replat, new easements were platted along the lot lines but the old utility easement was not vacated. When the property was sold recently, it was a condition of the sale that the old easement be vacated. Acting Mayor Krebsbach asked for questions and comments from the audience. Council directed staff to prepare separate drawings showing the location of all existing easements and one showing the proposed easements. It was the consensus to continue the hearing to December 21. HEARING: STREET Acting Mayor Krebsbach opened the meeting for the purpose of a RECONSTRUCTION public hearing on the proposed Year 2000 Street Reconstruction project. Council acknowledged the feasibility report and letters Mike & Dee Reynolds, 2286 Nashua Lane, and Mark A. Talkington, Apache Court. Engineer Marc Mogan gave Council and the audience a history and brief overview of the proposed project, which includes the Rogers Lake neighborhood, the Ivy Falls area and the Delaware Crossing area. He reviewed responses to a city poll of the three neighborhoods and briefly reviewed the street reconstruction/ rehabilitation policy that was adopted in 1989. The 2000 improvements, if approved, will consist of full street reconstruction to city standards in most of the Rogers Lake area, rehabilitation (mill and overlay) on Cheri Lane, Bluebill Drive and Swan Drive between Cheri Lane and Bluebill Drive, and rehabilitation in Delaware Crossing and Ivy Falls. It is estimated that street reconstruction would be assessed at the rate of approximately $3,700 per lot and Page No. 4 December 7, 1999 would be collectible over a 19 year period. Rehabilitation is estimated at $1,300 per lot and would be assessed over a ten year period. Acting Mayor Krebsbach asked for questions and comments from the audience. Mr. Don Kamish, Kressin Lane, stated that he has spoken to several neighbors and is amazed that the percentage in favor of the improvements changed so much. The card he received in the mail said that there were three options. No one really gets upset with a new street, with regard to curb and gutter, everyone on Kressin shook their heads and wondered what is going on. No one on Kressin has a drainage problem, and there is a big difference between the estimates of $1,300 and $3,700. The neighbors have not had much explained to them. His lot is about two feet below street level, and that he does not intend to have any water damage to his property as a result of street construction. Engineer Mogan responded that the card from the city asked for a response to whether the residents wanted reconstruction or not. Mr. Kamish felt that the cards from the city were misleading and that the residents were not given an option for either curb and gutter or no curb and gutter. He supported construction of a new street and felt if the residents were given the option, they would have voted against total reconstruction. He informed council that he is in favor of a new street but felt that the property owners should have been given an option for street repair without curb and gutter. Acting Mayor Krebsbach responded that in other areas of the city, Council has been approving full reconstruction where there is no curb and gutter and that the cost for other projects is similar to what is proposed for Kressin. She informed Mr. Kamish that it could be that a decision on Mr. Kamish's street could be held over. Mr. Jim Martin, owner of the property at the corner of Swan and Cheri Lane, stated that he is concerned over what will happen to the pine trees along his property if the street is widened. Engineer Mogan responded that this section of Swan is 24 to 25 feet wide and would probably be widened to 26 feet four inches from the back of curb to back of curb, or about one additional foot on Mr. Martin's side of the road. The question is whether or not there is room for curb and gutter without impacting existing vegetation. Page No. 5 December 7, 1999 Mr. Martin responded that there are probably eight to nine 20 year old pine trees in the area, and that the trees are probably three to four feet from the base of the trees to the right -of -way. He was concerned that loss of the trees would significantly impact his property. Mr. Mogan responded that before the project starts, city staff would make a further review of the properties and would talk to the property owners. Councilmember Schneeman informed the audience that she lives in Cherry Hills and streets in her neighborhood were reconstructed last year. She heard from a real estate person yesterday that a house in her neighborhood was sold two weeks ago for $19,000 more than the asking price, and the real estate agent attributed that increase to the new streets. Mayor Mertensotto stated that the city's street reconstruction policy took about four years to develop. The reconstruction policy calls for urban design streets, which includes 30 foot street widths with curb and gutter and storm sewer so as to avoid open ditches. Council has varied the street widths where there have been problems with existing vegetation. He wanted it to be clear that if the residents approve of urban reconstruction, the city pays one half of the cost, but the city does not participate in the cost of rehabilitation. A fully reconstructed street has a useful life of 20 to 25 years, whereas mill and overlay might only last ten years. He stated that it has been the experience that in areas where streets have been upgraded to urban design, home sales prices increase. The county assessor will not increase the value of properties because of street reconstruction, but if property sales increase in neighborhoods because of reconstruction, the property values also increase. Council acknowledged a letter from Mike and Dee Reynolds, 2286 Nashua Lane, objecting to Nashua Lane improvements and a letter from Mark Talkington regarding improvements proposed for Apache Lane. Engineer Mogan was directed to send written responses to the property owners. Mayor Mertensotto stated that in light of the objections that have been received, it does not appear that there is significant objection to the street improvements. He stated that Council could close the hearing and order plans and specifications and request bids, and that Ayes: 5 Nays: 0 Page No. 6 December 7, 1999 after the bids are received Council can decide whether to proceed with the improvements. If the bids are to high, Council could decide to rebid the project and notify the property owners. There being no further questions or comments from the audience, Mayor Mertensotto moved that the hearing be closed. Councilmember Huber seconded the motion. Councilmember Huber moved adoption of No. 99 -84, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING OF IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENT PROJECT TO SERVE DELAWARE CROSSING, IVY FALLS, ROGERS LAKE AND SURROUNDING AREAS (JOB NOS. 20001 & 200002, IMPROVEMENT NO. 2000, PROJECT NO. 1.)" Councilmember Schneeman seconded the motion. Ayes: 5. Nays: 0 Engineer Mogan was directed to visit the Kamish lot to be sure that water will not get onto the property as the result of the improvements because the lot is two feet below grade, and also to visit the Martin property to determine impact on existing vegetation. HEARING - TRUTH IN Acting Mayor Krebsbach opened the meeting for the purpose of a TAXATION public hearing on the proposed 2000 City Budget and the 1999 levy collectible in 2000. Treasurer Shaughnessy informed the audience that Council approved a preliminary levy and proposed budget in September that called for a 5.8% budget increase and 4.9% levy increase over 1999. Since that time, Council has removed $63,900 of expenditures from the budget, bringing the total budget to 3.9% over 1999 and a total levy increase of 2.6 %. The proposed levy will result in no increase in the city portion of residents' property taxes unless their property valuations increase more than 6 %. Acting Mayor Krebsbach asked for questions and comments from the audience. There being no questions or comments, the hearing was continued to December 21. HEARING: CASE NO. 99 -35, Council acknowledged an application from Mr. Mark Johnson for a Page No. 7 December 7, 1999 JOHNSON Critical Area Permit and a variance to construct a new home at 1646 Mayfield Heights Road. Council also acknowledged associated staff reports. Mr. Johnson informed Council that when he designed the house he understood that the city has a 30 foot front yard setback. There is a 36" maple tree in the back yard, and if his home is moved back further on the lot, he will have to remove the tree. After the plan was drawn, he found out that his neighbor's home is set back 39 feet from the front line and the other neighbor's home is 23 feet four inches from the line. To place his home as shown on his plan, he will need a front yard setback variance, because the city ordinance says that a house cannot be constructed in front of a line drawn between the houses on either side. His proposed garage is six feet into that setback. The lot slopes eight feet down from the south portion to the north portion, and he needs to keep the driveway and garage on the high portion of the lot, which creates the setback problem. When he appeared before the Planning Commission, he did not know whether he needed a six foot variance or a nine foot variance, because of his neighbor's 39 foot setback, but since then Public Works Director Danielson has determined that a six foot variance is required. } Councilmember Dwyer pointed out that the complication is that the adjoining home is set back farther than the ordinance requires, and that neighbor does not have a problem with the location of Mr. Johnson's home. Mayor Mertensotto stated that the proposed approving resolution is not specific that a six foot variance would be granted to the average setback line. Responding to a question from Acting Mayor Krebsbach, Mr. Johnson stated that he understands and agrees to the conditions recommended by the Planning Commission. Acting Mayor Krebsbach stated that a Critical Area Permit is required because the lot is within the Critical Area but there are no slopes on the lot that exceed 10 %. She informed the audience that the application is in conformance with the requirements of the Critical Area Ordinance. Councilmember Dwyer moved adoption of Resolution No. 99 -85, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND A SIX FOOT FRONT YARD SETBACK VARIANCE FOR A NEW HOME AT 1646 MAYFIELD HEIGHTS ROAD," revised to Page No. 8 December 7, 1999 reflect the granting of a six foot variance from the average setback requirement. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99 -36, Council acknowledged an application from Robert and Christine SALMEN Salmen for a conditional use permit and variances to allow construction of a detached garage at 1694 Dodd Road. Council also acknowledged a letter from Mr. J. Patrick Brinkman, the Salmens' legal counsel, and reports from the City Planner and Administrative Assistant. Mr. Brinkman was present for the discussion. Mr. Brinkman stated that if the ordinance intended that set back to be from public streets, the application would be in compliance. If the ordinance intends that setback is relative to private driveway, a variance is needed. The house faces the private drive way. Mr. Salmon plans to turn the existing tucked under garage into a recreation room has a condition of receiving the building permit. Councilmember Dwyer noted that the planning commission wrestled with the question of whether the variance is needed but felt it should be approved if needed. Mr. Brinkman informed Council that the designers submitted the drawings recommended by the planning commission. Mr. Salmen's health is deteriorating and it is unknown at this time what apparatus will be needed to give him access to his house in the future. He needs something that will give him options. Mr. Salmen can ride a chair up from the lower -level now, but if he needs to get up by wheelchair in the future, the stairwell is not wide enough. If the garage is placed where it is proposed, he has the option of a ramp adjacent to the existing stairwell to get to the main living area with an elevator. Mayor Mertensotto asked why two double garage doors are needed. Mr. Brinkman responded that the family owns three cars. To cars would use one of the doors and Mr. Salmen would use the other. A single door would not allow enough room for Mr. Salmen to maneuver his wheelchair. Mr. Brinkman stated that the Salmon's can live with the height restriction, although the garage will not looked as compatible as it would if the requested height were approved. Page No. 9 December 7, 1999 Mayor Mertensotto stated that the problem he has with allowing the double garage doors is that this could set a precedent. Council could grant a modification in the future if it is needed. Councilmember Dwyer stated that Council reviews applications on a case -by -case basis. He felt it is unlikely there will be another case like this. He pointed out that Mr. Salmen has lived in the community for 20 years and would like to stay here. Councilmember Schneeman stated that she does not see any sense in making Mr. Salmen do something now that will cost him a lot of money to change in a few years. Mr. Brinkman informed Council that the modified plan is that the garage is 15 feet high as required by ordinance. The garage doors have not been modified as recommended by the planning commission because the applicant feels it is very important to have them the way they were proposed. This is very important because of the needs of the handicapped individual. The applicants were told that there is no condition unique to this property, but the policy of the state that handicapped people should not be restricted by local regulations from normal residential surroundings. This is a situation where it is reasonable to grant approval for the two double doors. Mayor Mertensotto stated that he does not see how a double door and a single door would stop Mr. Salmon from living in the residential structure. A 49 foot garage is an exceptional width. Mr. Brinkman responded that the applicant has a three stall garage now with three vehicles in it and he can get in and out of his vehicle in a wheelchair. Mr. Salmen drives now and needs access to the driver side of his vehicle. There may be a time when he will not be able to leave a wheelchair and will needed area for the wheelchair and ramp access. Responding to a question about the second story in the garage, Mr. Brinkman stated that the applicant is trying to make the structure compatible with the house, and the grade of the house is about six feet above the grade of the garage. Mr. Salmen has no plans for the second story. If Council wishes to place a condition that the second story not be finished, that would be acceptable. Mayor Mertensotto pointed out that if approval were given to the 1200 square foot, 49 foot wide, two -story garage, and it were sold in the future, it could very easily be modified by a future owner. He Page No. 10 December 7, 1999 was sympathetic with Mr. Salmen's needs, if Council grants approval on the basis of hardship because of someone's physical condition, there is no restriction against other uses in the future. He stated that there could be a covenant from the landowner saying that he covenants that the second floor of the garage will never be used for living space and that the existing attached garage will be closed off. There must be an agreement that in consideration for granting of the conditional use permit, Mr. Salmen will provide a covenant. In the garage would be a nonconforming structure and it would have to be removed as nonconforming if the property is sold. Council could then use the handicapped provision in statutes as to why the variance is an accommodation. Acting City Attorney Jim Dierking stated that Minnesota Statute 462.357 provides a distinction that handicapped persons should not be excluded by municipal regulations from the benefits of normal residential surroundings. Council directed the City attorney to prepare a draft resolution and agreement with the conditions that the existing garage must be converted to living space and, in consideration of the variance for two sets of double doors and garage size, that it be covenanted for both the existing owner and any future owner that the second floor of the garage will never be used for living space. CASE NO. 99-37, MENDOTA Council acknowledged an application from Mendota Heights HEIGHTS ASSOCIATES Associates for preliminary plat and variance for a business center on a vacant parcel of land at Lexington Avenue and Mendota Heights Road. Council also acknowledged associated staff reports. Mr. Tony Feffer and Mr. Bruce Hauck were present on behalf of Mendota Heights Associates. Mr. Feffer stated that the property is located on Lexington Avenue by Turners Gymnasium. Four structures are proposed with attached garages and a shared driveway with Turner's. He felt that the attached garages would be a nice amenity for a building owner. The buildings would be one -story with hipped roofs. He informed Council that he spoke to MnDOT yesterday and asked them to release some right -of -way. He was told that MnDOT was going to give it back to the city. There is a total of 45 feet from the building setback to Mendota Heights Road now and they will be picking up the 19 feet of right away to square off the property. If they get the right -of -way, they will not need the setback variance. Page No. 11 December 7, 1999 Acting Mayor Krebsbach stated that her concern is the subdivision of a lot. She would prefer that the property stay one parcel. Mayor Mertensotto stated that when staff was directed to make application for return of the right -of -way, it was specifically stated that the property would be used for public purposes. He was taken back by Mr. Feffer's statement that it would be used for the development and that the city would convey the property to Mendota Heights Associates. That is absolutely untrue. Mr. Feffer responded that that was his interpretation of the process. Mayor Mertensotto stated that Council definitely stated the city would purchase the right -of -way from MnDOT with the understanding that the city would not commit any of the right -of- way to development of this parcel. The property would be held for a turn lane or trail or other public purpose. Mr. Feffer responded that he initiated the request many months ago. He stated that if the city would like to own the property, that is fine, and all he is saying is that there is 45 feet of distance from the building to the street. He would love for that area to remain green space and maintain it and incorporate it into the development. Public Works Director Danielson stated that Mr. Feffer did send a letter of request that the city approach the state to release the right - of -way. Staff brought the matter to Council and Council made clear that there would be no guarantee that the city would release any of the right -of -way to Mr. Feffer. Mr. Feffer was notified by letter. Responding to a question, Mr. Feffer stated that the setback is 10 feet from the property line to the proposed building. Councilmember Dwyer pointed out that the ordinance requires 30 feet between the building and the property line, which means that a 20 foot variance would be required. Mayor Mertensotto noted that the garages are proposed to face Lexington Avenue, and the garages would have to be internal rather than facing the public view. He stated that he cannot see why the development cannot be done as one complete office building. He pointed out that the structure is still within 10 feet of Mendota Heights Road and unless right -of -way is released to the applicant, a 20 foot setback variance would be required. If the city were to convey any right -of -way to the applicant, the city would lose all rights to the land for public purposes. Page No. 12 December 7, 1999 Responding to a question from Councilmember Dwyer about why four separate buildings are being proposed rather than one large building, Mr. Feffer stated that when he appeared before Council for concept PUD consideration key took the direction that Council and the planning commission did not want to do a PUD and that he should subdivide and meet the requirements of the subdivision ordinance. Councilmember Huber responded that his understanding was that Mr. Feffer's PUD had multiple buildings and Council told him they did not want multiple buildings. Mr. Feffer stated that he believes the proposed project is more marketable. He would be building the structures for companies to own lease. Acting Mayor Krebsbach stated that is why she does not like the individual buildings. Different owners would have different maintenance standards, etc.. Mr. Hauck stated that the proposed design would give small- business owners an option other than going into multiple tenant office buildings. A project be constructed in Eden Prairie, in which his offices are located, is an example of where clustered buildings are owned rather than leased. Acting Mayor Krebsbach asked Council members how they feel about the right -of -way issue and if others share the same concern about' subdivision into four lots. Mayor Mertensotto responded that he would like the setback to come back off Mendota Heights Road. Mr. Feffer informed Council that he looked at the possibility of building one structure and could get 24,000 square feet vs. the proposed project, which is just a little over 20,000 square feet. The alternative is a four -story building with the sea of parking vs. the campus type of development that is very well landscaped and maintained. Mayor Mertensotto stated that Mr. Feffer is saying that a single office building would require two huge parking areas vs. the current j proposal. The proposal includes shared access with Turner's. He stated that the proposal really crowds Turner's in because two of the Page No. 13 December 7, 1999 buildings are in such close proximity to Turners, and should be given more green space. Two buildings adjacent to Mendota Heights Road and the other two up against Turner's would be crowding the buildings onto the site. Also, coming along Mendota Heights Road, there are two buildings in the proposal that would shield the view of Lexington and create a blind intersection. This would not be the case with a single building, and the parking areas could be landscaped if there were only one building. He stated that when he and Mr. Feffer came before Council for a concept PUD discussion, there were several variances required and he had asked Mr. Feffer to try to design a building without any variances. Acting Mayor Krebsbach suggested that the matter be held over to give the applicant time to prepare another plan and to determine use of the right -of -way. Mr. Feffer responded that he would prefer that Council take action on the proposal this evening. Councilmember Schneeman stated that she would like to see an ad hoc group formed to work with the developers. Mayor Mertensotto stated that he is opposed to the variance and would reject the idea of approving two buildings within 10 feet of the property line along Mendota Heights Road regardless of the turnback issue. He did not want the view from the intersection to be blocked, and also the other two buildings are to close to Turner's Gymnastics. Mayor Mertensotto moved to deny the application for variance and preliminary plat approval. Councilmember Huber seconded the motion. Councilmember Huber stated that Council gave the applicants direction that Council did not wish to look at a multiple building concept and the developer came back with another plan for multiple buildings, which is contrary to what Council had said. Mayor Mertensotto noted that if one approaches the intersection going west, they do not see cars coming up to the stop sign because of vegetation. He objects to the two buildings along Mendota Heights Road because that would block the view of the intersection. Councilmember Schneeman asked what rational basis there is for denying the application. Page No. 14 December 7, 1999 Councilmember Huber pointed out that Mr. Feffer's plan assumes the city will receive the right -of -way and ultimately turn it over to him simply for green space so that he does not need a variance. Council has not even discussed whether the property or some portion of the property should be retained for public purposes. He stated that he could not approve the application in advance of knowing what action MnDOT will take or what the appropriate use of the land should be. Councilmember Dwyer stated that Council does not have complete information and cannot take action based on the applicant's representation that MnDOT will turn the property over to the city. The city has not received any notice from MnDOT. If the applicants insist that Council take action tonight, Council has no choice but to deny the application for subdivision and variances on the basis of incomplete application. Vote on Motion: Ayes: 5 Nays: 0 Acting Mayor Krebsbach informed the applicants that if they wish to submit a new application in light of the comments received this evening, Council certainly would entertain the application. RECESS Acting Mayor Krebsbach called a recess at 9:45. The meeting was reconvened at 9:55. MENDOTA HEIGHTS TOWN Council acknowledged a memo from Administrator Batchelder CENTER reporting on the open houses that were conducted to inform the community about the Mendota Heights Town Center concept. Council also acknowledged a memo from Public Works Director Danielson recommending that Council adoption of a planning and building moratorium for the Town Center site. Council acknowledged letters of support for the proposed project from the Dakota County Economic Development Partnership, Louis Spiess, 1880 Eagle Ridge Drive, Mrs. Dale Hedges, Ms. Nancy Herbert, Mr. James W. Reagan, 1455 Farmdale Road, and Ms. Jan Jessen, 869 Bluff Circle. Mr. Ross Feffercom, from RMF Entities, and Ms. Carolyn Krall, from Studioworks were present for the discussion. Mr. Feffercom gave a brief overview of the proposed development concept for an approximately 22 acre site located at the northeast quadrant of T.H. 110 and Dodd Road. Since Council's last discussion on October 19, he has reviewed the setback for the right- Page No. 15 December 7, 1999 of -way for T.H. 110 and has removed any NURP ponds or water retention ponds and created a NURP pond for a water feature in front of the proposed arbor. It has also been determined that the plan as proposed fits on the site. There have been some minor adjustments to size of the village green and some of the roads have been widened. He acknowledged that on October 1, his firm made application to the Metropolitan Council, on behalf of the city, for a livable communities grant. On December 6, the city was awarded a planning grant for $150,000 for the year 2000 for future activities including engineering and planning. $30,000 of the grant is for market research and feasibility study, $20,000 is for future site development controls, $35,000 for design guidelines for the site and $35,000 for design and engineering for the public amenities and $30,000 for civil engineering work. The Livable Communities Committee is made up of some of the area's best planners, there are many Mayors, developers and policy makers on the committee. The proposal was well recognized and received many comments in its favor. He read the letter from the Dakota County Economic Development Partnership which expressed the Partnership's support for the proposed project. Mr. Feffercorn informed the audience that the city applied for a j Category E grant from the Metropolitan Council to continue the planning process and to address the concerns of the residents. The city did not apply for Category A grant because the project is not in the construction phase. He described a Category A grant awarded to the City of Burnsville and stated that if things move forward with the Town Center, the city should look forward to applying for a Category A grant. Mr. Feffercorn gave a short overview of the open houses, held on November 15 and 16, stating that there were approximately 120 people who signed an attendance sheet, and probably 30 to 40 other people who attended but did not sign in. He felt that the feedback from the attendees was excellent. Ms. Krall reviewed the statistics and summary of the open houses. Forty seven comment sheets were submitted by people who attended the open houses and a total of 74 written comments have been received to date. 86% of the responses were favorable, and 14% were in opposition to the project. Many of the responses addresses specific topics, which she feels need further analysis. 17% of the responses raised issues relating to traffic on Dodd or the intersections with Dodd, and in particular the intersection with Hilltop. 17% were concerned about the location and/or height of the Page No. 16 December 7, 1999 senior housing project. Both of these issues should be looked at further. 16% raised other issues relating to housing, including density. Most of those comments focused on the townhouses along Dodd Road, including that they should be broken up and that there should be more of a green buffer. 10% were related to the need for more public input. 9% were concerned about the impact on existing businesses, in particular the animal hospital. 5% related to affordability for the senior housing component. 5% were in support of replacing the existing businesses, particularly the Tom Thumb and the gas station. There are now some very specific areas that the consultants can begin to look at. Mr. Feffercorn stated that the open house input dealt with relocating the senior housing component. He informed the audience that he has been working with schematic ideas on where and how things could be rearranged .to relocate the senior facility to the internal portion of the project. Secondly, he is also studying the possibility of a free standing building that can accommodate a veterinary clinic. He has looked a little bit at the Hilltop Road intersection, and feels that this needs an engineering traffic study. Significant work has been done by the city's traffic engineer regarding traffic on Dodd, but that can also be looked at further. Regarding the density issue, he felt that some further study can be done to look at breaking up the townhomes to create more green space. Hydrology has been identified by Westwood Engineering, and more study could be taken on with regard to parking. Acting Mayor Krebsbach opened the meeting for comments from the audience. Mr. Sten Gerfast stated that people in the neighborhood are very concerned and met recently at St. Paul's United Methodist Church. The question he asked at the meeting is whether the residents would like the property to develop according to the city's plan and 44 people said no and no one said yes. He presented an alternative plan presented by Mr. Bob Larson. Mr. Larson, whose parents live in the neighborhood, stated that he likes to draw so he drew up a plan based on what he thought would fit best in terms of retaining the existing businesses along Dodd, keeping the full width streets and creating a cul -de -sac at North Freeway Road. A one level parking ramp, with a public deck above it, was included to the south of a senior facility adjacent to the T.H.110 frontage road. This plan was presented as the alternative plan at the neighborhood meeting. 33 of the people at the Page No. 17 December 7, 1999 neighborhood meeting were in favor of the plan, 33 people in favor and 1 opposed. Mr. Gerfast informed Council that 350 flyers were sent out to the people in the neighborhood of Dodd and T.H. 110 to inform them of the neighborhood meeting. He stated that he submitted a petition, at the last Council meeting, signed by 150 people concerned about the population density, the three story building, the animal hospital being retained, and safety. Mr. Tom Norman submitted written comments from Mr. and Mrs. Al Cochrane. He stated that he is mainly concerned that the residents have not been given enough opportunity for input in the planning stages. He stated that the property will obviously be developed in one way or another but the residents have not been listened to. The biggest issue is the 3 story senior building being right next to the existing homes. He stated that he understands that the city has hired an attorney to look into extending the TIF District and asked how close to the concept the city must stay in order to use the TIF. He asked, for instance, whether the city could apply for the TIF extension and then use it for a seven story building rather than the proposed concept. Councilmember Huber stated that the city currently has the TIF funding available and it is not a matter of getting the money. Council is trying to hold onto the existing TIF and the only way to hold onto it is to spend it by the end of the year unless the city can get legislation approved for an extension. It is very important that Council try to get legislation approved because it means a great deal to all of the residents of the city irregardless whether Council goes forward with this project or not. If the TIF is spent before the end of this year, it can only be spent on land acquisition. That does not tie Council into this particular project. Acting Mayor Krebsbach stated that Council are good stewards of the community and would not move for acquisition of the property if they did not feel there was a concept Council could support and that would be a prudent use of the TIF resources. There could be modifications to the concept, but Council would not purchase the property and then try to figure out what to do with it. Council spent two years on this issue and retained consultants to put together a concept. Each of the Council members had different ideas of what might be a good plan for the site but all of the Council members decided to suspend their own particular views to develop a comprehensive plan for the area. In the end there could be some Page No. 18 December 7, 1999 modifications, like moving the senior facility, but by and large Council has a concept it feels is a good one. Mr. Norman asked if the residents are going to be allowed any other input except at a public hearing. He stated that Council has received a beautiful letter from the Economic Development Partnership and he would like to have a copy of it so that he can read and understand it. He noted that Council will be considering the comprehensive plan later this evening that will rezone the site, yet he does not have a copy of the plan and the only way he would know what it contains would be to sit in the lobby tonight and read it. He felt that most of the people in the immediate area feel left out of the whole process and would like to be included in some planning and discussion other than coming to a public meeting and being given ten minutes to speak. Mr. John Sievers, 689 North Freeway Road, submitted a petition asking Council to leave the buildings as they are and to use the TIF for a recreation center on the property. He stated that there could be three single family homes on Mrs. Hohenstein's property and she has the right to sell her land at her price and no one has consulted her at all. She has not been presented with an offer. Mr. Pat McQuillan, 1909 Wachtler, stated that the traffic on Dodd is a mess because it is the second exit from Sibley High School. He suggested that the city should provide another exit from Sibley to T.H.110 so that the students would have another way to cross T.H. 110. Mr. Larrie Mack, owner of Ziggy's Deli, stated that he feels the biggest problem is the poor public knowledge of what is going on. People do not know what TIF is, how it becomes available, where the money comes from and why there is urgency to use the money. He stated that while there have been lots of meetings to come to, now that this is coming to pass there should be an effort to educate people. In August, the city was notified that the legislature passed legislation that TIF must be spent before the end of the year. Council has been thinking for the past two years about how this site could be developed. Council must either spend $2.5 million in TIF by the end of the year, or it will be lost. This is not a false deadline, and there is urgency. Page No. 19 December 7, 1999 Mr. Mack was concerned about the relocation of existing businesses and the displacement of the animal hospital, which was recently sold. Mr. Dave Mann, 825 Ridge Place, was concerned about the traffic and safety issue. He would not take his children across Dodd to the proposed type of development because it will be much too hazardous to cross Dodd. He questioned the economic viability, given the cost of acquiring the veterinary clinic and the Hohenstein property. He felt that everyone in the neighborhood wants to see the area cleaned up but did not feel there was collaboration within the community and that Council should have attended the neighborhood meeting and needs to make a greater effort to reach out. Acting Mayor Krebsbach responded that two years ago Council had a meeting with the Planning Commission, which was attended by neighborhood representatives, when discussion about redevelopment of the site was first discussed. Mrs. Hinsen stated that she has different concerns about credibility and that she and her husband have been up front about how the project would hurt their veterinary clinic. The letter they received from the city stated that the city will work with them, but itdoes not feel like the city is working with them. The Hinsen's letter to the city asked for a commitment from Council that the veterinary clinic will stay. At their last meeting with city representatives, they were shown a site where the clinic could possibly be moved to but they have not heard anything about that tonight. Mr. Gus Tarr, representing Tom Thumb, stated that it seems that this is not very popular with the neighborhood and asked how Council can go forward. He asked why the land owners cannot work with a developer to put together a development plan and why he has to sell his property to the city. He stated that when the original proposal came, Walgreen's had approached Fina, Tom Thumb and the state and had a developer to develop the corner. He felt that the city should bring in a developer who will work with the land owners and use the TIF money for a recreation center. Mr. Bob Trueser, Freeway Road, asked that Council listen to the neighborhood and work with them. The people do not want condensed housing and do not want the retail. Dr. Hinsen thanked the community for its overwhelming support for the animal hospital. He stated that he has met with the Mayor, Mr. -- Feffercom and Administrator Batchelder for the past several weeks Page No. 20 December 7, 1999 but has not had any feedback from the letters he has sent in the past. He asked if the city believes there is a need for the animal hospital and whether it fits into this quadrant. If that is the case, there should be a public statement that everything is being done to incorporate the animal hospital in the development. The animal hospital has not been included in the presentations, and he asked if there is any sincerity on the city's part, in incorporating the animal hospital into the quadrant. Acting Mayor Krebsbach asked what aspects of the business Dr. Hinsen feels are most essential. Dr. Hinsen responded that the animal hospital operation includes a boarding facility, grooming facility and sick bed facility. He does not sell pet products but does sell pet food. Grooming is considered part of veterinary care, and he has space for it. If there is reason to relocate the clinic, he has an open mind, but his clients do not know what is going on and do not think the animal hospital has a future. Ms. Mary Stich stated that the reason she moved to Mendota Heights 54 years ago is because they were living in the heart of St. Paul in a multi -level mixed use area. She described the vandalism that occurred in that area. Their property was bought by the state and they-did not get a fair price. She was concerned about the density of the proposed project and can see things being like they were in St. Paul. She asked that Council give the neighborhood a chance and work with the neighborhood to make this a reality. Mr. Charles McDuff stated in response to some of the letters submitted after the open house that there is an ice cream store in Mendota Plaza, Ziggy's. He stated that he is sure the property will ultimately be developed, whether by the city or a private developer. Ms. Krall stated that people assume that the process moves faster and things move forward more than they in fact have and do. In order to begin a planning and design process, something must be put on the table. Without a concept, there cannot be input. If one simply goes to people and asks what they like, with no concept, there would be a million ideas but no united plan as a starting point. There have bee some rough sketches done to look at the veterinary clinic and the senior housing location. All that Council has authorized the consultants to do was to develop this plan, bring it to the open house, get input from the residents, and tabulate the results of the responses. None of those ideas has been incorporated into the plan, moving -- ' things forward, because this was the forum at which the consultants Page No. 21 December 7, 1999 were to report all of the things they heard. The consultants are not saying that the plan as it was presented at the open houses should now go forward as is. She stated that the consultants have been clear in listing the many steps that need to be addressed further. They have not yet been authorized to make the next step, which would include further study on the veterinary clinic and the other issues. Mayor Mertensotto stated that the residents are ahead of Council. Two years ago, Council set aside $2 million from TIF district funds to be used as seed money to redevelop the T.H. I I O/Dodd Road intersection. The city is never the developer but when city funds are needed it is only city money that can accumulate the land. No developer would come in and buy out all of the parcels and then come up with a planned project. There is no question that someone must undertake the authority to assimilate the land into single ownership. The city will not build anything. He pointed out that well over a year ago the city's newsletter informed the community that Council was discussing redevelopment of the intersection. The legislature this year said that gap district Tax Increment Districts that were started between 1979 and 1982 must come to a close. The money that has been set aside in the city's TIF district will be gone on December 31. That was the seed money to acquire property rights. There are several properties in the redevelopment area, including a residential structure and the animal hospital, Tom Thumb, Fina and the highway department. He and the city consultants and staff have met with Dr. Hinsen whenever he wanted and have been very accommodating. He felt that the indication is that Council is threatening the Hinsens. Mrs. Hinsen stated that she wants to go on record that they have never said they were threatened or brow beaten. She further stated that she and her husband have communicated at an open house at the hospital that the city is really trying to be fair and to work with them, but the matter is beginning to affect their business and they need some kind of commitment. By keeping quiet and communicating that the city has been fair, they have not made waves and no commitment has been made. She asked why there are no public commitments. Acting Mayor Krebsbach stated that the clock is ticking in terms of December 31 and whatever process is moving forward is the process of time itself and this could just be a moot exercise. Councilmember Huber stated that the concept drawings simply for the sake of suggestion, show types of possible retail uses that may fit Page No. 22 December 7, 1999 into the concept. There has not been any contact with any bank or bagel factory or any convenience store or any other business, either existing or potential. There is no guarantee that whoever ends up owning this property will ever come to an agreement with any business. Mr. Feffercorn stated that he thinks what has occurred and should not be misunderstood is that in the last year the City Council has engaged consultants to review possible alternatives for the site that have some economic reality and there is no development at hand. There is only a plan to talk about. There are some realities about acquiring the site if the city wishes to move forward but he does not believe there have been any predetermined uses other than no gas stations on the site. He and the Mayor and Administrator have been meeting with the Hinsens and there have been no instances he knows where there has not been a willingness to look at alternatives for the veterinary clinic to exist on the site in several locations. He is present this evening only to review what was experienced at the public hearings, and at the top of the list was the citizens' concern that of the uses on the site one of them be a veterinary clinic. He has recommended that alternatives seriously be considered next year. This area was determined to be a high priority for redevelopment in j 1997 and 1998, and in 1998 Council issued a published statement that this site become a mixed use concept — a concept of mixed uses establishing a village character with mixed residential and commercial uses in the character of Mendota Heights. Over the past year, Council has been exploring options, and a lot of work still needs to be done on the concept. Mayor Mertensotto stated that no money has been spent on right -of- way acquisition and none will be spent with MnDOT before the TIF District runs out on any land that MnDOT acquired for highway purposes, because it takes at least nine months to acquire land from MnDOT. No money has been spent to acquire land from land owners, but the city has been talking to the property owners. If the owners are willing to sell their land to the city, Council will purchase it with TIF before the end of the year. He stated that Council is accountable for the money it spends and has been good stewards over the years. He stated that it does not help Council do any negotiations if groups challenge the design, because Council has not decided on a design. He asked that people write or fax Council with their comments. Responding to a question from Mrs. Hinsen, he stated that Town Center will remain a concept until a project is ordered in, and it could take one and one half to two years before a development plan could be put together. Page No. 23 December 7, 1999 Mr. Tarr stated that from his customer comments and what he heard at the neighborhood meeting, people want to see a convenience store with gas, so he would like to see that put into the design. If the animal hospital can have a free standing building, why can't a convenience store /gas station. He stated that he had been told at a meeting that there will never be a convenience store with gas at this location, but that Councilmember Dwyer stated that if there was support for a convenience store with gas he would look at it. Mr. Tarr stated that he wants to see a convenience store with a gas station in the development. Councilmember Huber responded that Council has publicly stated it would not allow a convenience store /gas station. COMPREHENSIVE PLAN Council acknowledged a memo from Public Works Director Danielson regarding the draft Comprehensive Plan along with a report from Mr. Steve Grittman, NAC Planners, regarding Planning Commission recommendations and NAC's review of those recommendations. Council also acknowledged letters from MnDOT, the City of Inver Grove Heights, Dakota County and the DNR commenting on the city's draft comprehensive plan, and letters from Planning Commissioner Bernard Friel. Mr. Grittman and Ms. Deb Garross were present for the discussion. Acting Mayor Krebsbach asked that Council bring forward any issues on which they may disagree with Mr. Grittman's recommendations. Council needs to give Mr. Grittman their comments so that the plan can be finalized for Council approval on December 21 and submitted to the Metropolitan Council before the end of the month. Acting Mayor Krebsbach stated that the issue that is of most interest to her is the notification of property owners of the focus sites that would experience a zoning change. Mr. Grittman responded that the Metropolitan Council is charged with reviewing and commenting on the city's plan. Until they have made a finding that the plan is consistent with the regional blueprint, the city plan is not finally adopted or in force. There is time between now and the time the finding is received to do any zoning hearings that Council may wish to consider given some of the proposed land use changes in the comprehensive plan. The Planning Commission concern was that when a land use change is adopted, that effectively adopts a zoning change. Page No. 24 December 7, 1999 Mayor Mertensotto pointed out that the city is following the statute, and that the biggest difference between Council and the Planning Commission is the infill sites, where the commission would like to have those designated as open space. He felt that this would misleading because open space is also a land use. He further stated that he felt it would be better to show them as planned unit development sites. Many of the infill parcels are less than five acres, and the city should have the PUD process available so that the city can set the conditions on development. After preliminary approval is received from the Metropolitan Council, Council can proceed with the zoning requirements in order to bring the properties into conformance with the comprehensive plan. Mayor Mertensotto asked about the feedback from Dakota County regarding arterials. Mr. Grittman responded that he believes the transportation element is reasonable and recommended that no drastic changes be made until the Metropolitan Council comments are received. Councilmember Dwyer stated that the draft plan is a submission to the Metropolitan Council and it is not cast in stone. Council anticipates it will get comments back from the Metropolitan Council, both positive and negative, and then Council will sharpen it. He felt that this is the best way to deal with some of the Planning Commission's comments. He hesitated to disregard what the commission has done because they have spent an enormous amount of time thinking about the PUD items, etc., but stated that Mr. Grittman has responded with some compelling arguments for and against what the commission has proposed. Because of the timetable Council is laboring under he felt it would be best to submit the draft to the Metropolitan Council following Mr. Grittman's comments, which he felt are consistent with Council's thoughts. If the Metropolitan Council raises some major objections consistent with what the Planning Commission has said, Council can revisit the issues. Acting Mayor Krebsbach stated that her major concerns relative to the Planning Commission comments were on the notification issue, items 1 and 2, and item 7, PUD designation, and item 12, transportation element. She stated that she wants to be sure that 12b, Delaware /T.H. 110 turn lane and signage needs, and 12i, regarding regional highway and regional airport impact, are included. It was the consensus to incorporate 12. b and i. into the plan. Page No. 25 December 7, 1999 Administrator Batchelder informed Council that 8b encourages efforts to relocate the airport, which is inconsistent with the Airport Relations Commission's position. He further stated that Council has never taken a position to relocate MSP Airport. Mr. Grittman recommended holding any comments with respect to item 8. Acting Mayor Krebsbach stated that some of the Dakota County and MNRRA comments are very detailed. She asked Mr. Grittman to provide Council with a marked copy of those comments to let Council know which of the points he has addressed in the report. Councilmember Schneeman moved to approve the draft comprehensive plan as presented this evening with the understanding that the suggestions made this evening will be incorporated into the document. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 j WARNKE PROPERTY Council acknowledged a memo from Fire Chief Maczko recommending that Warnke home, owned by the city and located adjacent to the Fire Station property, be retained and upgraded for training and fire prevention activities. Council also acknowledged a memo from Engineering Technician Guy Kullander regarding demolition of the home and bids received for asbestos clean up, well closure and demolition. Chief Maczko, Fire Captain Roy Kingsley, Dave Dreelan, fire department training coordinator, and Don Bemardy, from the State Fire Marshal's Office, were present for the discussion. Mayor Mertensotto pointed out that TIF can be used to clear the site before the end of the year. Chief Maczko felt that the input and the concerns of the fire department have not been considered. It was his understanding that nothing would be done at the site for two weeks, but power to the building has been cut off and the mature trees have been removed. He asked that the structure not be demolished until the department has a chance to do a study. He stated that there are opportunities to do fire training externally but that the department needs fire fighter training facilities nearby. Page No. 26 December 7, 1999 Mr. Bernardy, Captain Kingsley and Firefighter Dreelan all spoke on the desirability of renovating the house for use as a training and fire prevention facility. Mr. Dreelan also spoke about the possibility of using the house for a "burn" Acting Mayor Krebsbach stated that most communities do not have a house for simulated burn activities, training or fire prevention. Mr. Dreelan responded that in other cities, when homes become available for demolition is common practice for fire departments to be slated to work in the structure for five to six months before it is destroyed. He stated that if the house cannot be approved for a training /prevention facility, using the house for training for six months would be an excellent opportunity. Acting Mayor Krebsbach asked if it would at least be some accommodation to allow the department to use the house as a training facility for a short time with the understanding that it would ultimately be demolished for other reasons, versus just demolishing it without any training. Councilmember Dwyer asked if there were any estimates on how much it would cost to upgrade the structure to bring the public and firefighters into it. He pointed out that the asbestos abatement could be prohibitively expensive. Chief Maczko responded that he has not requested any quotes yet but that the structure is sound. It is right next to the fire station and from a training perspective it is an opportunity that rarely comes along. From a public education perspective, he believes there are possibilities to get value out of the structure. $10,000 for demolition versus $10,000 for siding and windows and other repairs may go a long way to being a win/win situation, but he has not had time in two weeks to do an in depth study of whether it is feasible. Acting Mayor Krebsbach responded that she does not like to have people spend energy and time if an approval is unlikely. She was supportive of the house remaining for a training tool for six months and then have the fire department burn it for training. Mayor Mertensotto felt that the property owners adjoining the site would not like to have it burned. Councilmember Huber pointed out that if there is asbestos in the building, it could not be burned. Page No. 27 December 7, 1999 Mr. Dreelan responded that very few people would be affected by a burn, if that were approved, but if there is asbestos in the building, there is a concern. Chief Maczko stated that the department would like to have the property, whether it be that home or something else, to address public education and training, and the department thinks there may be opportunities with the Warnke home. If not, perhaps something else could be built. He stated that he wants to be heard about the issues, and was concerned that the trees were removed without any notice to him. Councilmember Huber responded that every year Council must decide what it will put in the budget, and every year there are items that he could support but all of the Councilmembers must decide what they will support. To keep the home commits the city to an on going expense that is not being stood up against other items that have been cut from the budget in prior years. He was not willing to do that. He stated that he is not saying that what is proposed is a bad idea, but that Council cuts good ideas from the budget every year. He was not convinced that this is priority one and does not want to back into a decision that this should stay and something else must be cut. In the choice of having to try to fund things, some good things get cut. Councilmember Dwyer suggested that there be a compromise to allow the structure to remain for three or four months, allow the department to use it for some training, and do a feasibility study. Councilmember Huber responded that just last evening, Council cut $67,000 out of the budget. If Council does not spend the TIF for demolition now, it will be faced with a $10,000 expense out of next year's budget to demolish the structure. Councilmember Schneeman stated that she would like to not demolish the house now and allow the department to study how they can use it and what it would cost to run it. She felt that it would be foolish to tear something down that is right next to the fire station. She felt that if the structure is sound, something unique could be done to it and there should be some way to use it. Mayor Mertensotto responded that the promise that was made when the house was bought from Mr. Warnke was that the house would be torn down at the end of the life estate. He stated that it in his opinion, it is not economically feasible to do what is proposed unless Page No. 28 December 7, 1999 the funding for remodeling or demolition can come from next year's fire department budget. Chief Maczko responded that $10,000 is 5% of the department budget, and he could not assure Council that his budget could afford it. He stated that he agrees with Councilmember Huber that sometimes good things must be cut from the budget at the expense of other good things. He has not had the time to study whether the proposal would be economically feasible. If it is critical that it must come down, that is a decision Council must make and a decision that the department must accept. Responding to a question from Councilmember Schneeman, he stated that if the house is used for a burn exercise, asbestos abatement would still need to be done. If the house were retained for training for six months, the asbestos would have to be removed so that the firefighters are not exposed to it. Councilmember Huber stated that he was concerned about having a full time training site in the city that the city sponsors. He felt that this would increase the city's risk factor. He had no problem sending firefighters off -site for training but was concerned about the liability of setting up an in -house training facility. j Mayor Mertensotto moved to award demolition contract to Veit and Company for its low bid of $9,200.00 and that the cost be supported by TIF. Councilmember Huber seconded the motion. Ayes: 4 Nays: 1 Schneeman Councilmember Schneeman stated that there are few remaining older homes in the city and that it is a shame not to maintain the city's character. Administrator Batchelder informed Council that bids had been sought for tree removal, the contractor was available, and city staff authorized the removal. Some of the trees were diseased and the falling branches created a hazard and difficulty for the public works staff in maintaining the property. He stated that he has advised staff that they should not have authorized the tree removal in advance of Council authorization and that staff has been directed that the authorization of this type of work must be brought before Council in the future. FIREFIGHTER APPOINTMENT Council acknowledged a memo from Chief Maczko recommending the appointment of Bill Redding, Jr. as a volunteer firefighter. Page No. 29 December 7, 1999 Mayor Mertensotto stated that Mr. Redding is a full -time firefighter for the City of West St. Paul, on a 24 hour, round the clock shift. He asked how Mr. Redding can be available for a Mendota Heights call. He also asked if Mr. Redding will get credit with his prior six years on the Mendota Heights department so that he can retire in four years. Chief Maczko responded that, like all of the firefighters who have full -time employment, Mr. Redding will be available for response when he is not working at his full -time job. In the event of a mutual aid call, Mr. Redding would go to West St. Paul. With respect to the pension issue, the Relief Association Pension Committee is researching the issue, but that is covered by state law. The fire department pension plan is a defined contribution plan and the city is relieved of any liability from a pension perspective. Whether or not he gets the service credits is governed by state law. Councilmember Huber moved to appoint Bill Redding, Jr., to probationary status as a volunteer fire fighter. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 LINDER GREENHOUSES Council acknowledged a request from Mr. Peter Linder, Linder Greenhouses, for permission for an outdoor flower mart at the Mendota Plaza. Council also acknowledged an associated memo from Assistant Hollister. Mr. Linder was present for the discussion. Mayor Mertensotto stated that his concern is that for years the city has prohibited outside sales, and the city does not want itinerant sales starting up on T.H. 110, and does not permit outside storage at retail facilities or flea markets or outside sales at the shopping center. He felt that Paster Enterprises should ask for a zoning amendment to include the type of operation that is proposed as a conditional or permitted use under B -4 zoning. Mr. Linder responded that he has been dealing with Paster Enterprises for years and has similar operations at Paster shopping centers. He stated that he has presented the proposal to city staff and staff made several recommendations for possible solutions to his dilemma. He stated that before a lot of energy is wasted on preparations by Paster staff, city staff and his staff, he wanted to appear before Council to see if what he proposes may be possible. He stated that he will do whatever Council says must be done. Page No. 30 December 7, 1999 Administrator Batchelder suggested that Mr. Linder be directed to apply for a zoning amendment for a specifically defined use as a conditional use in the B -4 district. Then any future similar requests would need to go through the conditional use process and Council could apply appropriate conditions. He felt that a special use permit for Linder Greenhouses would set a precedent. Mr. Linder stated that he needs a greenhouse in the parking lot, versus displaying plants inside the shopping center, because the plants need sunlight in order to grow. Councilmember Dwyer stated that he sees the proposal as an opportunity to bring traffic into the shopping center. It was the consensus of Council to suggest to Mr. Linder that he file an application to include his type of retail operation as a conditional use in the B -4 zoning district. CDBG Council acknowledged a memo from Administrator Batchelder regarding preliminary consideration of the city's CDBG Grant application. Acting Mayor Krebsbach informed the audience that the suggestion for use of the accumulated balances from 1996 through 1998, is that it be set aside for relocation funds along with the 1999 CDBG funds, bringing the total for relocation to $92,000. Mayor Mertensotto stated that he would be more interested in dedicating the funds to the housing rehabilitation loan program in order to keep the city's housing stock up. There will then be money available for low income loans for people within the income low and moderate income levels who wish to do improvements. Staff was directed to prepare a complete CDBG application requesting that the city's 2000 allotment be dedicated to the housing rehabilitation loan program. COUNCIL COMMENTS Councilmember Schneeman stated that she would like Council pursue a history of Mendota Heights in the next year or two and find someone to write a small book on the city. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned. Page No. 31 December 7, 1999 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:53 a.m. en M. Swanson City Clerk ATTEST: �-4r Charles E. Mertensotto Mayor