Loading...
1999-09-07 Council minutesPage No. 1 September 7, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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. AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on August 3, 1999. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Abstain: Dwyer Councilmember Huber moved approval of the minutes of the regular meeting held on August 17, 1999 as amended. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 Abstain: Krebsbach CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 11, 1999 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the August 24, 1999 Planning Commission meeting. Page No. 2 September 7, 1999 c. Acknowledgment of the unapproved minutes of the August 4, 1999 NDC4 meeting and the agenda for the September 1 meeting. d. Acknowledgment of the Building Activity Report for August. e. Acknowledgment of an update on acquisition of election equipment. f. Acknowledgment of the League of Minnesota Cities 1999 Regional Meeting Program. g. Acknowledgment of bids for a one -ton utility truck for the Utility Department and award of a purchase order to Jeff Belzer's Chevrolet for its low bid of $20,396.88. h. Approval of the successful completion of Cathy Ransom's probationary period, effective August 19, 1999 and appointment of Ms. Ransom to regular full time status as Police Department Clerk/Receptionist effective August 20, 1999. i. Approval of the permanent appointment of Kristen Schabacker to the City Accountant position and her advancement to Step D, Level XVI of the city's salary matrix, effective on September 1, 1999. j. Adoption of Resolution No. 99 -46, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR THE CHERRY HILL ADDITION AND SURROUNDING AREAS STREET RECONSTRUCTION PROJECT," and Resolution No. 99 -47, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR THE CHERRY HILL ADDITION AND SURROUNDING AREAS STREET RECONSTRUCTION PROJECT." k. Adoption of Resolution No. 99 -48, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR THE GLEN TORO SECOND ADDITION SITE IMPROVEMENT PROJECT," and Resolution No. 99 -49, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR THE GLEN TORO SECOND ADDITION SITE IMPROVEMENT PROJECT." 1. Adoption of Resolution No. 99 -50, "RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED EDUCATIONAL Page No. 3 September 7, 1999 FACILITIES PROJECT AND THE PROPOSED ISSUANCE THEREFOR OF REVENUE BONDS BY THE CITY OF MENDOTA HEIGHTS, MINNESOTA," for St. Thomas Academy. m. Adoption of Resolution No. 99 -51, "A RESOLUTION APPROVING OF TRAFFIC SIGNAL CONTROL AGREEMENT NO. 73898R BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION, DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS." (T.H. 13/Pilot Knob Road) n. Adoption of Resolution No. 99 -52, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CHERRY HILL ADDITION DRIVEWAY CONSTRUCTION." o. Adoption of Resolution No. 99 -53, "RESOLUTION ADOPTING PROPOSED BUDGET," Resolution No. 99 -54, "RESOLUTION APPROVING TENTATIVE 1999 LEVY COLLECTIBLE IN 2000," and scheduling the public hearing for Wednesday, December 8, 1999, and Resolution No. 99 -55, "RESOLUTION APPROVING FINAL 1999 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2000," and authorization for staff to publish notice of a Tax Rate Increase Hearing for the October 5 meeting if the County Auditor determines it is necessary. p. Approval of the list of contractor licenses dated September 7, 1999 q. Approval of the List of Claims dated September 7, 1999 and totaling $141,296.64. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 MENDOTA MEADOWS Council acknowledged a Mendota Meadows landscaping update report from Public Works Director Danielson. Several residents from Mendota Meadows were present for the discussion. Council also acknowledged a timeline on the landscaping and grading issues prepared by the residents and submitted by Mr. Jack Barber. Council also acknowledged a copy of a letter from Public Works Director Danielson to Mr. John Mathern, dated August 25, a letter Page No. 4 September 7, 1999 from Mr. Mathern to the city dated August 12, and a copy of a letter from Mendota Meadows homeowners to Mr. Mathern and a checklist outlining deficiencies. Ms. Laurie Ann McKosky, a resident of Mendota Meadows, informed Council that she was present to represent all of the Mendota Meadows home owners and stated that approximately 30 residents were present this evening. She stated that the residents are asking Council's assistance with the developer, John Mathern and have submitted the timeline to make Mr. Mathern responsible. Mayor Mertensotto informed the residents that at the last Council meeting, Mr. Mathern stated that he did not take exception to the items in Mr. Danielson's report and asked for an extension. Council granted Mr. Mathern 60 days to complete the work and 30 days have gone by. He informed the residents that Mr. Mathern must complete the work by October 1. Ms. McKosky stated that the homeowners gathered as a neighborhood in September, 1996 to define the complaints they had about landscaping. On September 30, Mr. Mathern agreed to take care of those landscaping issues but has not. In September, 1998, Council hired Mr. John Uban. In December, 1998, Public Works Director Danielson sent a letter to Mr. Mathern stating that the city expectation was that everything be completed by May or the city would take action on the letter of credit. There have been three extensions since that time and the residents are very concerned that nothing has been done. She stated that the residents are very doubtful Mr. Mathern will complete by October 1 and asked what the Council is going to do to help. Mayor Mertensotto informed Ms. McKosky that Council is just as frustrated as the residents. He further stated that he feels the homeowners were more than liberal last time when they agreed to an extension. He explained that at the August 3 meeting Council granted another 60 day extension and informed Mr. Mathern that if the work is not completed, the city would do the work and invoke the letter of credit. He recommended that Guy Kullander, from the City Engineering Department, act as a general contractor and take bids to complete the work that is deficient. At the end of thirty days, Council will then know what the cost will be, and if Mr. Mathern does not comply he will be informed that the city is going to invoke the letter of credit to do the work. He noted that Mr. Mathern has three weeks to complete the work and the city will send him a letter Page No. 5 September 7, 1999 telling him if he does not get the work done, the city will have it done. City Attorney Tom Hart stated that the letter of credit is for very specific things, basically for landscaping. He sent a letter to the city that indicated that he thought the scope of the letter of credit might be interpreted to including grading. To the extent the city can show that Mr. Mathem is in default and damages have been suffered, the city can invoke the letter of credit. The city has taken the position that the letter of credit covers landscaping, grading and other things. Mayor Mertensotto stated that the city has interpreted landscaping to include erosion control. Public Works Director Danielson sent Mr. Mathem a letter letting him know the city has begun the process to get bids. Attorney Hart stated that the letter of credit is not the city's only remedy. The city also has a developers agreement which includes a clause on attorney fees and in the discretion of the court, the city could receive not only damages but attorney fees as well. Ms. McKosky asked if, after three years of discussing the issue, j October 1 is the final deadline and if the city will take action and draw on the letter of credit to remedy the situation. Mayor Mertensotto responded that there will be no more deadlines. Mr. Mathem has had more than ample time to correct the issues, and has not even been able to turn over the homeowners' association because he has not completed the project. Council is going to go out and get bids so that the costs are known before October 1. Responding to a question from Councilmember Schneeman, Public Works Director Danielson stated that he has not heard anything more from Mr. Mathern. Ms. Cynthia Schanno stated that one of the concerns she has is that originally when she had slope failure on her property, she got three bids from civil engineers. Mr. Uban is a landscape architect, not a civil engineer. She stated that she has seen a softening about her property, and that her engineer said it is a slope failure. She informed Council that her lawsuit has not bee settled. Mayor Mertensotto infomed Ms. Schanno that the city cannot become involved in her lawsuit and if she has something that was not addressed in the lawsuit she can mention it to Mr. Danielson. Ayes: 5 Nays: 0 Page No. 6 September 7, 1999 Ms. Schanno responded that she wants to be on record that she came before Council in November, 1998 and gave the city a copy of her engineering report and there has been quite a bit of softening since Mr. Uban became involved. Public Works Director Danielson responded that Ms. Schanno's issue is not cited in the list of items for completion. Mayor Mertensotto directed Mr. Danielson to confer with the city attorney, and that erosion control should be considered as a landscaping item if it is not already included in the developer's agreement. Mayor Mertensotto explained that there are presently two schedules of items remaining to be done. There is a published list brought to Council two weeks ago, and the residents are back saying that . although Council gave sixty days to complete, the work has not been done and they do not think it will be completed by October 1. He stated that he asked that the Public Works Director be directed to get informal bids, so that Council will know by October 1 how much it will cost to get the items completed. He further stated that erosion items should be included in landscaping. Mayor Mertensotto moved to direct Public Works Director Danielson to obtain bids to accomplish the two schedules of deficient items in Mendota Meadows and that Mr. Mathern be notified of this action and the depth of the dissatisfaction with his lack of response, and to reinforce that there will be no further extension. Councilmember Krebsbach seconded the motion. Mayor Mertensotto pointed out that Council will want to know what work is not completed by September 30. ENTRANCE MONUMENT Council acknowledged a memo from Engineering Technician Guy Kullander regarding bids received for the city entrance monument/sign. Public Works Director Danielson confirmed that the low bidder, Total Construction, will do all of the work on the project for $29,900. Councilmember Dwyer stated that the sign is proposed to be located at the southeast corner of Mendota Heights Road and Dodd. The Page No. 7 September 7, 1999 original estimate was close to $50,000 and Council asked staff to refine that. He stated that he had suggested that Council use coniferous trees that would be green all year rather than deciduous trees, and that has been done. Councilmember Krebsbach moved to award the bid for the city monument sign project to Total Construction for its submitted bid of $29,900, which includes the modification from deciduous to coniferous trees, with all costs for the improvement to be funded through TIF. Councilmember Schneeman seconded the motion. Councilmember Schneeman asked if the price would be the same if other city monument signs are done in the future. Mayor Mertensotto responded that he is not sure about costs, but the signs would be uniform. Councilmember Dwyer pointed out that this would be one of four entrance signs. He stated that he still feels the bid is too much for a sign. Councilmember Krebsbach responded that it is more than a sign. There is landscaping, site preparation, a retaining wall, etc. Responding to a question from Councilmember Schneeman, Mr. Mark Rancone stated that the sign by the Eagan Business Commons at Dodd and T.H. 55 cost about $15,000 including landscaping. Mayor Mertensotto pointed out that electricity must be run to the site, which is an added cost. Councilmember Krebsbach sated that this is the real entrance to Mendota Heights and it is an unsightly hill that the city purchased. She pointed out that the bid is a significant savings over the original estimate, that the sign is consistent with the city's vision statement and it can be financed with TIF. Councilmember Schneeman agreed with Councilmember Dwyer that the sign is very expensive, and stated that she often wonders whether city costs are higher because projects must be put out to bid. She did not think she could approve four signs at this cost. Page No. 8 September 7, 1999 Councilmember Krebsbach stated that the site is very difficult and this is one of the few things the city an do to clean it up and make it look better. Mayor Mertensotto stated that the sign is an image builder and Council has an opportunity to do something consistent with the city's vision and image. Councilmember Huber stated that he has spoken to six to eight people about the sign and all of them have had reservations about spending this kind of money as well. He was concerned about spending so much money on a sign. VOTE ON MOTION: Ayes: 3 Nays: 2 Dwyer, Huber CASE NO. 99 -22, BUROW Council acknowledged an application from Burow Management MANAGEMENT LLC LLC for subdivision approval for the creation of a new single family lot on the Burow Farm on Victoria Road. Council also acknowledged associated staff reports and a letter from Mr. & Mrs. Elliott Karasov, 1870 Eagle Ridge Drive. Mr. Mark Sunberg was present on behalf of the developers. Mr. Sunberg informed Council that Mr. Brian Smith, a member of Burow Management, was called out of town and could not appear this evening. Mayor Mertensotto asked Mr. Sunberg to clarify that the application is by Burow Management, LLC to subdivide the approximately 9 acre parcel previously owned by Thomas Burow on Victoria Avenue. Mr. Sunberg responded that Mr. Burow is one of three members of a limited liability corporation and as a member he continues to own part of it. Councilmember Dwyer stated that before the transfer took place, Mr. Burow was the sole owner and now he is one of three members of the LLC and presumably each partner holds an equal interest. Mr. Sunberg responded that he does not know the interest each holds. He stated that the applicants want to subdivide one lot, Lot 2, from the nine acres. He reviewed the proposed preliminary plat for Council and the audience. Page No. 9 September 7, 1999 Mayor Mertensotto pointed out that the preliminary plat lists limitations and notes, that are normally called declarations on a plat. One of the declarations, Note 10, states that they have not proposed an easement to conform to the 863 contour in the southern portion of Lot 1 so that the easement would not have to be vacated when grading is undertaken. He asked the purpose of the statement. Mr. Sunberg responded he believes they are trying to say that in order to conform to the 100 year flood elevation requirement they would have to bring some fill in and an easement would be required for that. He stated that the second paragraph of item number one in the easement agreement states that Burow reserves the right to reasonably modify the location of the boundaries of the drainage easement at such time as he subdivides any part of the property not included within the drainage easement. Mayor Mertensotto responded that the first paragraph of the easement document states a permanent easement for drainage and storm water storage purposes over under and across all that portion of the real property lying northerly and northwesterly of the green line set forth in Exhibit B Those are the city's rights, a permanent easement, and Exhibit B shows that the green line is at the 863 contour. He pointed out that the preliminary plat does not show the 863 contour storm elevation. He asked if the developers are essentially asking for modification of that easement. Mayor Mertensotto stated that the city has an easement across all of the Burow property in accordance to the green line in the easement agreement, at the 863 contour, and the preliminary plat does not show that easement. Mr. Sunberg responded that he could have the preliminary plat modified. He stated that they might be asking for a new easement. Mayor Mertensotto pointed out that the city does not own the land and could not grant an easement Mr. Sunberg stated the LLC would either grant a new easement to conform with the 100 year flood elevation or modify the existing easement. The green line on the easement map would be within an acceptable deviation from the line. Mayor Mertensotto stated that Mr. Sunberg is saying that the developers are looking for a modification in the easement. He informed Mr. Sunberg that a public right that has been granted can only get changed through a vacation, and to do so the developers Page No. 10 September 7, 1999 must submit an application for vacation. He explained that a public hearing would be required on the vacation. Mr. Sunberg asked, given the plat drawing and the existence of the current easement, are they modifying the current easement by putting in backfill. Would putting in additional fill require vacation of the easement. Mayor Mertensotto responded that if the developers want to modify the easement, they have to show on a map the existing easement at the 863 contour running from north to south. There is also a red line on the easement agreement and that is the maintenance easement. That varies in width from 15 to 20 f6et up to 50 to 60 feet. That is a permanent easement that was granted to the city, and the only way that can be modified or vacated is through the vacation application and hearing process. The developer must give the city a preliminary plat showing where the easement sare. The developers must show the modifications and prove that the city is not losing anything. He pointed out that the pond is a storm water holding pond and stated that he does not know how the planning application proceeded so far without going through the vacation application process. Unless the city grants the modified easement after a public haring, the property cannot be subdivided in any manner that would affect the easement. He informed Mr. Sunberg that there are other easements as well that are not shown on the plat, and the only way a plat can be filed according to statute is if it shows all easements to which the city has a right. There are two more easements that must be shown, and Council cannot approve the request to consider the preliminary plat before going through the vacation process. The preliminary plat must show where the easements are and then the applicants must show Council the basis of the modification and also must show what the applicants can do so that the city does not lose any of the holding pond's capacity. He stated that as far as the request to subdivide Lot 2 in the manner being requested, that cannot be done because the plat does not show any easements. Mr. Sunberg responded that Burow Management will make a vacation application to the city and the city will receive a preliminary plat showing where the existing easements are and Burow Management will go through the public hearing process if any modifications are proposed. He stated that Mr. Smith would like to build his home this fall. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that the planning application was Page No. 11 September 7, 1999 submitted on July 6 and the end of the 120 day review period would be approximately November 6. Mayor Mertensotto stated that Council would have to take action on the subdivision application by the second Council meeting in October. Councilmember Dwyer suggested that Council deny the application now, pointing out that the application is not complete. He stated that the city does not want to be at risk of approval by default if the 120 days expire before action is taken. Mayor Mertensotto agreed, stating that the application is incomplete if the applicants are relying on vacation of an easement that the city holds. He further stated that Council could allow Burow Management to reapply for the subdivision without additional application fee. Councilmember Krebsbach stated that there were comments made by Commissioner Tilsen and others at the Planning Commission meeting about having a complete plan. The applicants' response was that they were just going to subdivide Lot 2 at this time and the remainder would be open space. She asked how long that will last. Mr. Sunberg responded that he spoke to Brian Smith half an hour ago and he said that the Planning Commission had suggested a moratorium on doing something with Lot 1. He stated that. Mr. Smith does not plan to do anything with Lot 1 now and that in the future he would like to divide it so that single family homes can be built on the property. Mr. Sunberg stated that he has a plan (architectural drawing) with him that Mr. Smith had prepared. The Planning Commission chair expressed interest in traffic access and otherissues. Mayor Mertensotto stated that Council has never taken a position on the subdivision of a small parcel without knowing how the remaining parcel would be served by utilities. Lot 2 is below the grade of Victoria, and if the utilities were to go through the main that feeds south on Victoria, that would require a force main on the property and a manhole on Victoria. That would not be part of the city's sanitary sewer system because it would not be public, and the city does not guarantee failures on force mains. Page No. 12 September 7, 1999 Mr. Sunberg responded that it is his understanding that Mr. Smith has the prospective placement of the sanitary sewer for Lot 2 and that it is his understanding that the city has to take bids. Mayor Mertensotto stated that the city has generally done special improvement projects but that the city would not build a sewer facility with a force main to a manhole without knowing there was going to be something of value put on the other end. Otherwise the city could put in a $30,000 system and the applicants could come back and say they were not going to do anything with the property. The city would want to know what is to be built on the other side. He also stated that because of the elevation there will likely need to be filling, and advised Mr. Sunberg to be aware that the applicants cannot do any filling over 400 cubic yards without first obtaining a mining program. The city would also want to know the alternate ways the rest of the property would be served by utilities. He informed Mr. Sunberg that Council has made it clear that Council will not rezone the property. Mr. Sunberg asked at what point Council will be satisfied that a home will be built on the property. Mayor Mertensotto responded that that is down the road - the petition for vacation and the hearing must occur first. After that process, if approved, Council would consider subdivision. Mr. Sunberg asked at what point Council .will know about utilities if they are not prepared to take action on the sewer connection for Mr. Smith's lot now. Mayor Mertensotto responded that Council is not going to be forced into an expensive trap and build the sewer and then have Mr. Smith say he did not know it was going to cost so much and then not build, with the result that the Lot 2 goes tax forfeit. The city would have to bear those special assessments until the land is sold. Council is not going to be criticized for putting in a public improvement for a lot that is below grade. He also stated that if the applicants are going to go through the vacation process, they must show justification that it is in the city's interest to vacate or modify the easements. Councilmember Krebsbach moved to deny the request for subdivision based on an incomplete application, and to waive the fee for reapplication and further to waive any waiting period for reapplication. Councilmember Dwyer seconded the motion. Ayes: 5 1 Nays:0 Page No. 13 September 7, 1999 Mayor Mertensotto acknowledged that many residents were present because of the Burow Farm issue and would like to voice their opinions. Councilmember Dwyer stated that he would like to make it very clear that this Council will not approve rezoning of the property. Council has no interest in multi - family development on the property, and rezoning to R -3 will not happen. Mr. Sunberg responded that Mr. Smith understands that. He has no intention to apply for multiple family. It is his only intention to leave the remaining land as open space or to develop it as R -1, single family. Mr. Richard Nelson informed Council that he is Mr. Tom Burow's second cousin and what he heard tonight does not jibe with what he has discussed with Mr. Burow. Mr. Burow is in a nursing home, and he (Mr. Nelson) just learned about proposed development on August 30. He stated that he took Mr. Burow's sister over to visit him recently and spoke with Mr. Burow, and he does not want his property developed. Mayor Mertensotto responded that that is a private family matter. The limited liability corporation is making the application, and says it has development rights to the property, and it is not for Council to look behind that unless Council has real information that something is not appropriate. He informed Mr. Nelson that if he thinks there is something wrong, that is between him and the limited liability corporation to address. Mr. Bruce Bengsten, 1848 Rolling Green Curve, stated that he does not have a problem with an R -1 development and has no problem with preserving the pond in tact the way it is. He was curious about what kind of homes might be in the minds of the developers. Mayor Mertensotto responded that after Council has an application for a vacation an modification of the easement, and the applicants file for preliminary plat, Council must determine whether the property can be served by sanitary sewer. Mr. Sunberg stated that the city's subdivision ordinance indicates that if a person is going to subdivide a property and owns the Page No. 14 September 7, 1999 adjoining property, they must file a concept plan about what they intend to do with the adjoining property. Mayor Mertensotto stated that Council wants to know what is proposed to happen with the balance of the property so that Council knows it can be served by sanitary sewer. A member of the audience asked if a horse can be kept on property zoned R -1. Mayor Mertensotto responded that with certain restrictions, horses can be kept, but the number is limited. Mr. Sunberg responded that the ordinance says if there is a building for the horse it must be at least 100 feet away from the nearest residence. Ms. Mary Roszak, 988 Stratford Road, stated that the idea she had has been modified somewhat by what has transpired this evening. It is very interesting to her that there were no sketches provided at the Planning Commission hearing where there was a specific request about development of the remainder of the property. She did not understand why two weeks later there is a plan. The subdivision would profoundly affect a unique piece of property. She distributed a copy of the mission statement for the Burow Farm Living Museum Non - Profit Foundation. She stated that she discussed the statement with Olivia Dodge today. Ms. Dodge had visited Mr. Burow three months ago and asked if he was interested in selling and he said he was not interested in selling. She stated that earlier Council said that this is a family issue about whether the land was transferred to the LLC and she was concerned about the family member's comment that Mr. Burow does not seem aware of what has happened to his property. She felt it is within the discretion of the city to take care of its long time residents. She stated that she would like to know if this was Mr. Burow's request, how much interest he has in the LLC and if he knows what is proposed. Mayor Mertensotto responded that it is fine for Ms. Roszak as a private citizen to confer with Mr. Burow or his relatives on his behalf but it is not for a public body to challenge the competency of an individual as far as his contractual capacity. He stated that it would be an improper area for the city to get involved in. Ms. Roszak asked if there is ever a case where the city sees the actual filing or sees a statement that it is actually owned by an LLC. Page No. 15 September 7, 1999 Attorney Hart responded that in connection with the platting process the county will require proof of ownership to determine that all appropriate parties have signed the plat. Mr. Sunberg stated that Ms. Roszak could call the Secretary of State's Office for a copy of the articles of incorporation but they don't generally disclose percentage ownership because that is a private matter. Councilmember Dwyer asked Mr. Sunberg if he would supply a copy of the articles to Ms. Roszak. Mr. Sunberg stated that he could call Mr. Ron Smith, who organized the LLC, to see if he can get a copy for Ms. Roszak. Ms. Roszak informed Council that she has spoken to Ronald Smith and others and that the non - profit is a bona fide organization. Responding to a question from Councilmember Krebsbach, Mr. Sunberg stated that he will inform Mr. Smith that he needs to update the plan that is before Council this evening so that it is complete. He stated that he also has a plan showing how the lots would be configured if the total property were subdivided. Councilmember Krebsbach stated that Mr. Smith stated at the Planning Commission, when asked for a complete plan, that there was only the one preliminary plat. Mr. Sunberg responded that the Commission said they were not satisfied with the preliminary plat and asked for a plan on how the property would be developed in the future if something were to happen with the property. The plan right now is to have two lots - one for the home and one for the remainder of the farm. The ordinance requires that he indicate what he might someday do with the other lot and Mr. Smith is trying to comply with that. Councilmember Krebsbach asked what the standing of a concept plan is. Attorney Hart responded that it is merely a concept and an accommodation to the City Council to allow some thought to go into public utilities for the property. Page No. 16 September 7, 1999 Ms. Judy Milberry stated that she has lived in her home on Oxford directly across from the farm, on the pond, for 16 years and is concerned about drainage problems. She stated that during the 1987 (eleven inch rain), they had water half way up their basement and their home sits way up. Mr. Burow has had water in his barn many times, and water is a serious problem. Mayor Mertensotto responded that this is where the public interest comes. The pond is the storm water holding pond for Rolling Green and the basement elevations of the homes are set based on the elevation of the pond. He stated that residents should bring this type of information forward at the hearing on the easement vacation. RECESS Mayor Mertensotto called a recess at 9:19. The meeting reconvened at 9:25. CASE NO. 99-27, ROSEVILLE Council acknowledged an application from Roseville Properties PROPERTIES for a conditional use permit for land reclamation at the Centre Pointe Business Park, along with associated staff reports. Mr. Mark Rancone was present on behalf of Roseville Properties. Mr. Rancone stated that when he appeared before Council a month ago he told Council he would probably be done with the work before coming back. He stated that the soil on the site was worse than anticipated. Roseville Properties owns the parcels up to the existing Centre Pointe office building, and when the parcels were purchased three years ago city sewer was I place. During the construction phase it was determined that the storm sewer system was undersized for the development, and he is aware he must address a ponding system for the remainder of the development. Mayor Mertensotto stated that the application is for a mining permit because Roseville Properties is going to move more than 400 cubic yards of fill. He asked if any dirt will be removed from the site. Mr. Rancone responded that 25,000 to 30,000 yards of fill have been imported to the site. There was substandard soil on the property, but that can be laid back down as topsoil. He stated that there will not be any dirt stored on the property and the dirt will be used to make the two lots level. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that he is satisfied that the work being done is consistent with the application. Page No. 17 September 7, 1999 Mayor Mertensotto asked Mr. Rancone if he has any problem with the four conditions the Planning Commission recommended. Mr. Rancone responded that the only concern he has is that the final paragraph of the proposed approving resolution refers to the comprehensive sign plan, and that should be corrected. Otherwise, he had no problems with the conditions. Councilmember Dwyer moved adoption of Resolution No. 99 -56, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION FOR CENTRE POINTE BUSINESS PARK OF ROSEVILLE PROPERTIES," corrected to remove reference to the sign plan. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99 -28, NEXTEL Council acknowledged an application from Nextel Communications for a conditional use permit for cellular antennae on the roof of Sibley High School. Council also acknowledged associated staff reports. Mr. Nathan Ward was present on behalf of Nextel. Mayor Mertensotto stated that the Planning Commission recommended approval of the conditional use permit with conditions, including that the color scheme match the building, that the conditions of the city's Cellular ordinance be met and that all permits relating to the structural plan of the facility are obtained. He asked how many more antennae are going to be put on the school, and recommended that the city look to the NSP towers that are being installed at the western edge of Mendakota Park to see whether antennae an be put on those towers. Councilmember Huber noted that about a year ago the school district indicated that it did not want any more antennae. Councilmember Dwyer moved adoption of Resolution No. 99 -57, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NEXTEL COMMUNICATIONS FOR CELLULAR ANTENNAE ON THE ROOF OF HENRY SIBLEY HIGH SCHOOL." Councilmember Schneeman seconded the motion. Ayes: 5 Nays:0 Page No. 18 September 7, 1999 CASE NO. 99-29, BERG Council acknowledged an application from Ms. Janice Berg. for a 1 critical area variance to allow a fence at her home at 711 Woodridge Drive. Council also acknowledged associated staff reports. Ms. Berg was present for the discussion. Ms. Berg stated that she is comfortable with the Planning Commission recommendation and conditions. Mayor Mertensotto stated that he understands that Ms. Berg is proposing to replace an existing fence. He asked if she understands that the fence must be no more than 70% opaque and must have the same appearance on both sides. Ms. Berg responded that she understands the conditions. She showed Council a picture of the fence showing the neighbors' view of the fence and stated that it will actually be less than 70% opaque. She also showed a drawing of where the fence will start and end and informed Council that it will be installed by a professional fence installer in accordance with her application to the city. Councilmember Schneeman moved adoption of Resolution No. 99- 58, "A RESOLUTION APPROVING A VARIANCE TO THE CRITICAL AREA ORDINANCE FOR A FENCE AT 711 WOODRIDGE DRIVE." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99 -30, Council acknowledged an application from Mr. Mike WANDSCHNEIDER Wandschneider for a conditional use permit for a detached garage at 1289 Lakeview Avenue and a front yard setback variance for the structure. Council also acknowledged associated staff reports. Mr. Wandschneider was present for the discussion. Mr. Wandschneider informed Council that his home sits 20 feet from the rear property line, so he needs to put the garage in front of the house. Councilmember Schneeman noted that there is a room above the existing garage and Mr. Wandschneider cannot add on to his existing attached garage. Mr. Wandschneider stated that he wants to work on his vehicles in the garage and wants to eliminate the existing shed from his property Page No. 19 September 7, 1999 and work in the back of his garage. He explained that he can store his cars and lawn mower in a 750 square foot garage. Mayor Mertensotto informed Mr. Wandschneider that if the permit is approved, he must close off the existing attached garage and use it for living space. He pointed out that the existing garage space cannot be used as a garage. Mr. Wandschneider informed Council that his existing storage shed sits were he proposes to build the garage. That would be moved from the site if Council approves a 1000 square foot garage or he will move it on the property -if Council approves the 750 foot garage. He stated that he wants to build a 1000 square foot building and his neighbors would rather see him have the larger garage than have two buildings on the property. He stated that he would be willing to sign an agreement that he would not have any more structures on the property if Council approves a 1000 square foot garage. Mayor Mertensotto stated that the Planning Commission recommendation was that Mr. Wandschneider move the existing shed, but that shed can be no larger than 144 square feet. He stated that the Planning Commission understands that it is Council's position that when approval is given for detached garages there cannot be other buildings. He asked Mr. Wandschneider if he an live with the Planning Commission's recommendation. Mr. Wandschneider responded that he would rather have the 1000 square foot structure but it appears that he would have to live with the 750 square foot recommendation. He stated that he would rather have just one garage than a garage and shed. He further stated that he would be willing to put a stipulation in the conditional use permit that he would not have more than one detached structure. He also stated that his neighbors support the larger building. Mr. Don Bredvold, 1281 Lakeview, stated that he supports the request for variance and thinks it is important that Mr. Wandschneider be allowed to improve his property. He stated that he supports a variance for a slightly larger garage and that it be behind the line that was established. He felt that it should be a size comparable to the other garages on the street and that it should be finished on all four sides and in a reasonable time. He expressed complete support for what Mr. Wandschneider proposed. Mayor Mertensotto stated that the problem that happens with the large buildings is that they lend themselves to commercial uses. Page No. 20 September 7, 1999 Mr. Ellsworth Stein stated that he supports Mr. Wandschneider's request. He state that his home is only about 30 feet back from the lot line which is a negative and all the rest of the houses are at the conventional setback. Mayor Mertensotto asked how much of the structure would encroach on the setback if a 1000 square foot garage were approved. Mr. Wandschneider responded that the garage would be eight feet in front of the house. Mayor Mertensotto responded that the Planning Commission did not recommend the eight foot variance but rather recommended that it be set back behind a line defined by the fronts of neighboring houses. City Attorney Hart stated that he was interested in the last comments. The concept of a hardship has to do with the property itself and its necessary for Council to find that there is a hardship associated with the property or the topography of the property. There must be something about the property. The applicant's need for additional storage space is not enough for Council to grant a variance on a legal basis, but a neighbor commented that there is some idiosyncrasy with the property. Councilmember Krebsbach informed Mr. Wandschneider that Council had denied requests for 1000 square foot garages in the past. Councilmember Schneeman felt that Council would have to look at the restriction in the future. She asked Mr. Wandschneider what his occupation is. Mr. Wandschneider responded that he works for a contractor in construction. Councilmember Dwyer informed Mr. Wandschneider that he does not see any support in the materials presented to Council as to the size of the structure. He felt that there is a basis for hardship for the setback variance because of the location of the house. Mayor Mertensotto stated that he would support the 750 foot garage and the conditions set forth by the Planning Commission. Mr. Wandschneider stated that he plans to put an addition on the house in the fixture and that is why he cannot change the location for Page No. 21 September 7, 1999 the garage. He informed Council that there is a home on Furlong two houses to the west that has a 1000 square foot garage that was built three years ago, and he would like a similar size so that he can house everything in his garage. Mayor Mertensotto responded that just because the applicant has a boat and other recreational vehicles does not justify hardship. Councilmember Huber moved adoption of Resolution No. 99 -59, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A VARIANCE FOR A DETACHED GARAGE FOR 1289 LAKEVIEW AVENUE," as recommended by the Planning Commission. Ayes: 5 Nays: 0 CASE NO. 99 -31, MARTINEZ Council acknowledged an application from Mr. Gonzalo Martinez for a 28 foot front yard setback variance to allow a five foot high fence on the Diane Road side of 905 Nina Court. Council also acknowledged associated staff reports. Administrative Assistant Hollister informed Council that Mr. Martinez had been present earlier in the evening but had to leave. He stated that Mr. Martinez did not express any objection to the Planning Commission recommendation. Councilmember Dwyer stated that the only thing that caught his eye in the recommendation was that the fence be wrought iron. Mr. Hollister responded that Mr. Martinez had informed the Planning Commission that he was trying to decide between wrought iron and aluminum and was leaning toward wrought iron. Mayor Mertensotto noted that if Mr. Martinez installs the fence and then puts in a swimming pool in the future he will need certain spacing in the fence. He recommended that Council approve the Planning Commission recommendation with the understanding that Mr. Martinez can come back to Council if he cannot live with the requirement for wrought iron. Councilmember Schneeman moved adoption of Resolution No. 99- 60, "A RESOLUTION APPROVING A 28 FOOT FRONT YARD SETBACK VARIANCE FOR A FIVE FOOT HIGH FENCE AT 905 NINA COURT." Councilmember Dwyer seconded the motion. Page No. 22 September 7, 1999 Ayes: 5 Nays:0 CASE NO. 99-32, MARRIOTT Council acknowledged an application from the Courtyard by Marriott for a sign size variance to allow replacement of the existing free standing sign at the hotel. Council also acknowledged associated reports. Scott Griffm, Operations Manager for Courtyard, was present for the discussion. Mr. Griffin showed drawings of the proposed and existing signs and informed Council that the sign will be placed on the existing pole, which is 35 feet high. A variance was granted for the original sign, which has been damaged and needs replacement, when the building was constructed. Mayor Mertensotto stated that the Planning Commission had no objection to the square footage of the sign and no one appeared at the Commission meeting to object. He pointed out that there is nothing in the proposed approving resolution that delineates the size of the existing sign from the new sign. He stated that the overall height an the actual variance must be stated in the resolution. Mayor Mertensotto moved adoption of Resolution No. 99 -61, "A RESOLUTION APPROVING A SIZE VARIANCE TO REPLACE THE EXISTING FREE - STANDING SIGN FOR COURTYARD BY MARRIOTT, 1352 NORTHLAND DRIVE," amended to specify the square footage and height of the sign and to-include that the lighting intensity and color background of the sign must be consistent with the sign it replaces. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 STREET PROJECTS Council acknowledged a report from Engineer Marc Mogan regarding Year 2000 street project poll results. Mayor Mertensotto state that polls are not always correct. He found in his area that people say they would like the project done if the city pays but not if property taxes will go up. Treasurer Shaughnessy responded that taxes do not go up because of a street project - they go up because the properties are more saleable and are sold for higher prices. Ayes: 5 Nays: 0 Page No. 23 September 7, 1999 from any r Councilmember Schneeman asked if Mr. Mogan had heard f more people since the poll results were tabulated. She stated that she is surprised with the results from the Somerset View area, stating that the people she has spoken with were in favor of reconstruction. Mr. Mogan responded that two more people responded but their responses cancelled each other out. Councilmember Dwyer moved adoption of Resolution No. 99-62, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT AND CALLING FOR STREET IMPROVEMENT PROJECTS TO SERVE IVY FALLS, ROGERS LAKE, DELAWARE CROSSING AND SURROUNDING AREAS (JOB NO. 2000 1, IMPROVEMENT NO. 2000, PROJECT NO. 1." Councilmember Huber seconded the motion. Councilmember Huber pointed out that if Council goes forward with any improvement for Somerset View it would not be until 2001. He further stated that there were some residents of the Somerset area who are not in favor of the project and Engineer Mogan has suggested getting a group together. Engineer Mogan stated that he has had a number of phone calls about what might be constructed in that area. Those calls were about traffic speeds, landscaping and street width. He suggested that the city set up a neighborhood committee. It was the consensus that Mr. Mogan set up neighborhood meetings and a workshop and whatever else is necessary to inform everyone on the proposed project. AIRPORT RELATIONS Mayor Mertensotto, informed the audience that Council met earlier COMMISSION this evening in a workshop to interview prospective Airport Relations Commission candidates. Councilmember Schneeman moved to appoint Liz Petschel to fill the unexpired term of Mary des Roches on the Airport Relations Commission. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Page No. 24 September 7, 1999 DODD ROAD Council acknowledged a memo from Public Works Director Danielson regarding a response from MnDOT to the city's concerns over the recently completed Dodd Road mill and overlay project. Mr. Danielson informed Council that MnDOT's project engineer, Tom Ravn, toured the ponding sites with city staff and his site engineer and arrived at solutions for everyone of the problems. Mr. Ravn is working with his contractor to make the corrections and will repaint the crosswalks at South Plaza Drive and Marie Avenue. MnDOT is very firm about the guardrails and will not remove them. RECESS Mayor Mertensotto called a recess at 10:25. The meeting was reconvened at 10:30. COMPREHENSIVE PLAN Council acknowledged a memo from Public Works Director Danielson regarding the final draft of the city's Comprehensive Plan Update and associated information from Northwest Associated Consultants (NAC), the city's consultant for the plan update. Ms. Deb Garross, from NAC, was present for the discussion. Mayor Mertensotto suggested several changes to the draft plan as follow. Page 1, replace "not compromised" with "accomplished;" j paragraph 2, state that "the community is almost fully developed and is now enjoying the fruits of its development philosophy" (replacing the first sentence). Page 2, "included the continued impact..." and "proper development of a few remaining parcels of land." Delete first full paragraph on page 3 because it is repetitious. Eliminate the line for airport noise reduction zones on all maps. Eliminate any reference backhanding the Metropolitan Council and let them tell the city where it is deficient. He pointed out that this is the plan the city always had and had it before Northwest Airlines started its hubbing operations. The plan should say that the city is nearly developed, and use "infill" parcels rather than "the few remaining parcels." Remove reference to the Aviation Guide Plan on Page 61. On Page 63, number 4, "Monitor the continual implementation..." Paragraph 6, change to "Establish a physical capacity for the Eagan Mendota Heights corridor and transfer general aviation use to reliever airports." Page 65, paragraph 1, delete the section on regional agencies. Page 66, delete the second and last paragraphs. Councilmember Dwyer stated that he understood that Council gave the direction to say exactly what has been said under regional agencies. Page No. 25 September 7, 1999 Mayor Mertensotto responded that the city has filed an amended comprehensive plan and the Metropolitan Council wants the city to file the amendment and they will support it. He felt that the aviation guide plan will not have the impact that was originally intended with the old Metropolitan Council and staff. Councilmember Dwyer stated that page 66 summarizes everything in a confrontational manner and in prior discussions that is what Council directed. Mayor Mertensotto stated that he deleted the second paragraph. Councilmember Huber stated that the city will have to live with the comprehensive plan for twenty years. He did not have a problem with saying that there has been major impact on the city's neighborhoods because of the policies of the MAC. Mayor Mertensotto stated that he does not have as much problem with that as with the aviation guide plan. He did not feel there should be an emphasis on that plan. Councilmember Krebsbach stated that Council wants to position themselves in case the Metropolitan Council changes from its current cooperative body. She felt there should be a sentence about aircraft staying in the corridor. Regarding the two paragraphs on Page 66 that Mayor Mertensotto suggested deleting, she felt that the last paragraph says what Council directed. Councilmember Huber stated that what is in the document should not be governed by want the current thinking is of any one governmental agency. It should be a broader vision of where the city has been and where it is going. Mayor Mertensotto responded that what he is trying to say is that the city has followed its comprehensive plan since 1959 and has tried to be observant of the corridor and its increased usage but has been limited as to what it can do from a land planning standpoint. He did not want future planning to be predicated on the aviation guide plan. It was agreed that the first full paragraph on page 66 be deleted. Page 65, change "planned flight corridor (under conflicts in planning) to "corridor as originally established." Page No. 26 September 7, 1999 Councilmember Huber stated that page 55 of the land use plan proposes that the designation for St. Thomas and Visitation change from LB -PUD to Institutional. He asked whether that was what Council had in mind. Ms. Garross responded that the discussion was because the plans from the schools was that they wanted to keep their options open and institutional was proposed rather than get into a situation with a commercial use. It was noted that there is no definition in the plan for Institutional. Ms. Garross stated that the former land use plan had a number of various uses, from public to specific definitions of schools, cemeteries etc She stated that she will prepare a definition for institutional or can identify separate categories for each use, whichever Council prefers. She stated that the underlying zoning will not change and the zoning map will have more categories than the comprehensive plan unless Council wants each of the categories in the comprehensive plan. Councilmember Dwyer stated that the broader question is whether j Council wishes to change the designation for the St. Thomas and Visitation property from LB -PUD. Mayor Mertensotto stated that he would like to see a definition for institutional use. Mayor Mertensotto stated that Council would want to be careful about the institutional and commercial designations because there are properties along Dodd Road designated as commercial and those should be addressed. Administrator Batchelder noted that Council was given a hand -out document listing 22 "orphan sites," some of which are proposed to be changed, and which include the St. Thomas and Visitation site. Council had requested that the city planner make a recommendation to Council as to what would be an appropriate land use designation for those sites. Ms. Garross stated that St. Thomas and Visitation properties were to go to institutional, it is suggested that the sites along Dodd at the intersection with Mendota Heights Road also be changed to institutional. She stated that those properties could then not be developed for commercial purposes, thus avoiding spot zoning and Page No. 27 September 7, 1999 spot land uses such as a hotel. She felt that the properties are very limited as far as commercial use because of access and overhead utility lines. Mayor Mertensotto felt that if those properties are to be designated as institutional, the definition should define the uses as schools or recreational facilities. Councilmember Krebsbach asked if there are any other properties where the designation is proposed to be changed. Ms. Garross stated that the proposed changes for the orphan sites have not been included in the comprehensive plan because they have not been discussed with Council. Depending on Council's thoughts on the sites, changes would be made to the land use map. Ms. Garross informed Council that staff listed the 22 sites and pointed out that there are problems with the sites, such as inconsistency with the zoning map, etc. Staff asked her office to look at those sites and recommend proposed land uses. The purpose tonight was to go through the final draft of the comprehensive plan and discuss these specific sites so that the changes can be incorporated into to the plan. Councilmember Dwyer asked what time constraints the city is under. Administrator Batchelder responded that the city has received two six month extensions and was notified at the last extension that there would be no further extensions beyond December 31, 1999 unless the city goes to the Board of the Metropolitan Council. Councilmember Huber asked if there is anything that Council would do with any of the 22 sites that surrounding communities would care about. He wondered whether the comprehensive plan is far enough along that it can be submitted to the other cities for review. Ms Garross stated that adjacent communities generally look at comprehensive plans with respect to where there may be mutual trail corridors, linkages to sewer systems, etc., and that the plan could probably go to adjacent communities for review. Councilmember Krebsbach stated that at some point Council needs to know what has been changed that Council is not aware of. Administrator Batchelder responded that he does not believe anything has changed from the existing comprehensive plan but staff Page No. 28 September 7, 1999 can put together data that shows the comparison between what is legally in effect today and what is proposed to be changed. Mayor Mertensotto suggested that the orphan sites be identified as open sites. Open sites would have a specific use now, like the golf courses, and the designation for open sites would be that if these sites were to redevelop from their present use, Council would have control based on land use objectives of the city. Councilmember Krebsbach stated that she would like to have the land use map withdrawn because there is such a wide range of how the designations got on the map and the implication could be that Council is planning to do something different with the golf courses, for instance. Mayor Mertensotto suggested using the existing underlying zoning for purposes of review by other communities and then Council can have continued discussion over designations for the open (redevelopment) sites. Councilmember Krebsbach moved approval of the comprehensive plan with the corrections submitted this evening which are deletion of the graph on page 20 and the notation, deletion of the paragraphs discussed on page 62 an all references to the aviation guide plan, and deletion of paragraphs as discussed on page 66 and to forward the document to neighboring cities, based on Ms. Garross' assurance that nothing more of the orphan sites than the VisitationBjorklund site has been incorporated into the map and that will be corrected. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Administrator Batchelder was directed to recommend a workshop date for discussion on redevelopment sites. COUNCIL COMMENTS Councilmember Dwyer informed Council on a resident inquiry as to whether coyotes are a public safety concern. Administrator Batchelder responded that it is a public safety concern and the city has received notification from the DNR that this is a local issue. He distributed a hand -out to Council that was prepared by the DNR. Councilmember Schneeman stated that she has received similar calls and contacted the DNR. She was told that in history there have been no instances of coyotes attacking people, although they do attack pets. Page No. 29 September 7, 1999 Councilmember Dwyer asked when the next bituminous lift will be installed on Glen Toro and also asked who is responsible for the retaining wall along Wesley Lane. Public Works Director Danielson responded that he will research both issues and report back. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to the Freeway Road workshop meeting scheduled for 7:00 p.m. on September 14. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:49 p.m. ti Katfileen M. Swanson City Clerk Charles E. Mertensotto j Mayor