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1999-07-20 Council minutesPage No. 1 July 20, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 20, 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. Acting Mayor Krebsbach called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Krebsbach, Councilmembers Dwyer, Huber, and Schneeman. Mayor Mertensotto had notified Council that he would be absent. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. - - • . Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilineinber moved approval of the minutes of the regular meeting held on June 15, 1999 as amended. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting; revised to move item g, computer acquisition, item k, CAO 99 -04, and item i, Mendota Homes wetland permit, to the regular agenda, along'with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 9, 1999 Airport Relations Commission meeting. b. Acknowledgment of the Treasurer's monthly report for June. c. Acknowledgment of the Fire Department monthly report for June. d. Acknowledgment of a mid - summer assessment on the Friendly Hills summer program. Page No. 2 July 20, 1999 e. Acknowledgment of an update on the Mendota Meadows landscape inspection. f. Authorization for the, Fire Chief and Assistant Chief to attend the International Fire' Chief s Conference in Kansas City. g. Authorization for the issuance of a temporary on -sale 3.2 Malt Beverage license to St. Peter's Church in connection with its annual. Fall Festival on September 18 and 19, 1999, along with waiver of the license fee, subject to evidence of liquor liability insurance. h. Authorization for the issuance of a permit to Lloyd's Barbeque for construction of a temporary outdoor smoking area at 1455 Mendota Heights Road, consisting of a 16 by 24 foot temporary outdoor patio and six foot fence enclosure, i. Adoption of Resolution No. 99 -39, "A RESOLUTION APPROVING A SPECIAL PERMIT TO TURNERS GYMNASTICS CENTER FOR A TEMPORARY SIGN." j. . Approval to transfer $25,000 from the General Fund to the j Equipment Reserve Fund for 1999 and to transfer an additional $100,000 to the Equipment Reserve Fund for 1998. k. Approval of the successful completion of Officer Mario Reyes' probationary period, effective July 31, 1999 and appointment of Officer Reyes to regular full -time status as a Patrol Officer/Investigator, effective on August 1, 1999. 1. Approval of the list of contractor licenses dated July 20, 1999. m. Approval of the List of Claims dated July 20, 1999 and totaling $1.;880,931.65. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 COMPUTER ACQUISITION Council acknowledged a memo from the City Clerk recommending the purchase of Y2k compliant computers for the Administration /Engirieering/tJtility Departments. Page No. 3 July 20, 1999 Councilmember Schneeman recommended that the City Clerk be authorized to replace existing monitors as needed for the estimated replacement cost of $750. Councilmember Schneeman moved to authorize the issuance of a purchase order to Gateway Computer Corporation for eight personal computers for a total cost not to exceed $12,100 plus tax and delivery and to purchase replacement monitors for an additional amounf not to exceed $750, and to authorize that the General Fund contingency support the portion of the cost that exceeds the amount budgeted for computers in 1999. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 CAO 99 -04, BJORKLUND Council acknowledged an application from Bjorklund Construction Company for approval of a Critical Area Modified Site Plan for the north one -third of Lot 1, Burns Heights Addition (a vacant lot on Glenhill Road), to allow construction of a single family home for Mr, & Mrs. Ralph Jewell. Mr. Dick Bjorklund, Jr., was present for the discussion. Mr. Bjorklund informed Council that the lot is located on Glenhill Road, off the frontage road, just south of Culligan Lane. He described the lot characteristics and stated that the owner plans to construct a two -story home. The lot is overgrown with brush and boxelder trees which will be removed, and there are no hardwood or pine trees .,on the lot. There are some big trees at the back of the property, on the neighbor's lot. Mr. Bjorklund stated that the only concern he has on the lot is a slight swale that may be a drainage trap area. He stated that the city required the neighbor to put in a 6" PVC pipe, and he would like to run the water through the pipe in the neighbor's lot. Public Works Director Danielson confirmed that there is a private pipe in the neighbor's lot and stated that it would be wise for Mr. Bjorklund to work out an arrangement with the neighbor so that they could jointly maintain the pipe. Acting Mayor.Krebsbach stated that the property to the north has a nice stand of pine trees in the corner. She asked if Mr. Bjorklund plans to do any back yard plantings. Mr. Bjorklund responded that there are pine trees along the north property line and that he plans on normal landscape plantings at the Page No. 4 July 20, 1999 front of the house. Also, he plans to plant pine trees on the lot corners. Acting Mayor Krebsbach moved to approve the issuance of a building permit and authorization for staff to work with Mr. Bjorklund on the drainage pipe issue, but that the applicants must submit a landscaping plan for the backyard that includes tree replacement since all of the existing vegetation will be removed. Councilmember Dwyer seconded the motion. Councilmember Dwyer stated that he is troubled that the action would require the homeowner to plant trees. Acting Mayor Krebsbach responded that each homeowner in the neighborhood has made some verbal agreement that they will either protect the existing vegetation or plant some. She stated that the look of the Jewell lot is wooded even though the vegetation is scrub trees, and Mr. Bjorklund has even submitted a plan for replacement. Councilmember Dwyer stated that Mr. Bjorklund will be taking out the'scrub vegetation in order to build, and he is not required to submit a landscaping plan. He felt that Council should assume that there are going to be no trees in the back yard. Acting Mayor Krebsbach stated that she is recommending that the plan as developed have trees in the back yard. Councilmember Dwyer responded that Council is not empowered to require that the owner plant trees in the back yard. He stated that he is sure that there is interest o the part of the homeowner to make his backyard look good. Mr.'Bjorklund stated that he thinks the owner will want something in the area of the fence but that he does not know how many or how far apart the plantings will be. Acting Mayor Krebsbach stated that all she is saying is that she would like to have.the landscaping plan submitted to Council when it is completed. Councilmember Schneeman stated that she would prefer to leave the landscaping up to the homeowner. She further stated that the house plan is magnificent. VOTE ON MOTION: Ayes: 2 Krebsbach, Schneeman Nays: 2 Dwyer, Huber Ayes: 4 Nays: 0 Page No. 5 July 20, 1999 Acting Mayor Krebsbach responded that the other homeowners in the area have agreed to preserve trees. She further stated that Mr. Bj orklund. has indicated that he does not have a completed landscape plan and would like the opportunity to work on it. She stated that she is asking that Mr. Bjorklund let Council know what the back yard plan is'when he submits it, and that she is recommending that there be. some trees in the back yard, which Mr. Bjorklund seems to mi be' agIreement with, and also that staff be directed to work with the owner on the drainage pipe matter. Councilmember Dwyer responded that he is opposed to a motion dictating that there be back yard trees. Councilmember Huber stated that he understood that the motion was to approve the staff recommendation, which is why he made the second to the motion.' Councilmember Dwyer moved to grant a critical area permit for the home and'to authorize staff to issue a building permit. Councilmember Schneeman seconded the motion. MENDOTA HOMES Council acknowledged a report from Public Works Director WETLAND PERMIT Danielson regarding Council's action on May 4 relative to rescinding the need for a wetlands permit for Lost 9 and 10, Guadelupe Heights Addition (Mendota Homes). Public Works Director Danielson informed Council that the applicant had appeared before the Planning Commission regarding a wetlands permit because there was a designated wetland on the city's map. The Planning Commission asked the applicant to have the wetland delineated and the applicant's consultant determined that there is no wetland area on the property. There is a low area in the back yard, and Council requested on May 4 that the applicant submit a plan for installing a rear yard drainage system before Council would remove the requirement for a wetland permit. He informed Council that the applicant has submitted such a plan and stated that he recommends that tlhe building permit for to construct a house on the two lots be approved subject to the condition that a storm water drain outlet be constructed in accordance with the plan. Page No. 6 July 20, 1999 Councilmember Schneeman asked that staff monitor the site to be sure that it gets cleaned up. Acting Mayor Krebsbach asked if the building permit will be held until the. storm drain has been designed and installed. Public works Director Danielson responded that he recommends that the permit be issued contingent upon the applicant installing the drain. Before issuing a certificate of occupancy, staff ensure that the drainage system has been installed properly. Councilmember Schneeman moved to approve the recommendation that the wetland. permit is not needed to construct a home on Lots 9 and 10, Guadelupe Heights, to authorize the issuance of a building permit conditioned upon the installation of a storm water drain outlet as shown on Hedlund drawing dated June 28, 1999, revised July 7, 1999, with the understanding that a certificate of occupancy for the structure will not be issued until the drainage system has been installed and inspected by City Engineering. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 i LEXINGTON AVENUE TRAIL Council a report from Public Works Director Danielson regarding the proposed Lexington Avenue Trail. Public Works Director Danielson informed Council that the city's r engineering staff held an open house for the neighborhood at 6:30 this evening. About'seventeen neighborhood residents, along with four members of the Parks and Recreation Commission, the Dakota County Engineer Department and four members of the city engineering staff were present. At the meeting, city staff gave the residents an update on the project, which was initiated by a resident's letter to Dakota County expressing concern about pedestrian safety on Lexington. The trail has been included in the Dakota County plan for years, but the city has not constructed it because of the cost due to terrain. Dakota Council has indicated that it will be willing to participate in the cost of the trail, and the Parks and Recreation Commission has recommended that the trail be constructed. At the direction of Council, staff did further design and investigated the feasibility of construction. There would be no cost to the city or the residents, as the trail would be funded by Dakota County and by MSA funds. The plan was originally to construct a trail in a location consistent with where Lexington will be if it is widened in'the future. That has been redone, to avoid existing Page No. 7 July 20, 1999 landscaping and steep slopes as much as possible. The residents who attended the neighborhood meeting were generally opposed to the project. _The residents presented concerns about privacy, safety and whether there is a real need for the trail. They were concerned about ,safety when existing their driveways. He stated that there was discussion . about widening the road rather than installing the trail, as one of the residents suggested that the road be widened to allow for an on- street trail. After discussing the general project concerns, engineering staff met individually with each of the property owners. Mr. Danielson stated that after Council hears from the residents, he would suggest that the issue be tabled and that staff be authorized to continue to. look into alternatives for trail alignment. Engineer Marc Mogan summarized comments made by the property owners at the open house. Acting Mayor Krebsbach asked for questions and comments. Mr. Valdis Mikelsons, 2146 So. Lexington, stated that the Public Works Director's memo indicated that the request from the resident was for the east side of the road. He asked that Council consider the west side instead. Acting Mayor Krebsbach stated that because of the placement of some of the graves, it is not feasible to put the trail on the west. Mr. Mikelsons responded that his impression was that other alternatives were suggested and that the west side might be feasible. His second request was that in case the trail is constructed, he would like' t6 s"ee that the trees are transplanted at the expense of the city and that the city plant new trees to replace those are lost because they are too big to transplant so that there are no trees lost in the city. Public Works Director Danielson stated that staff had not planned to transplant the existing trees but that while this could be done, it would not be a part of the project cost. Mr. Larry Craighead; 1839 Faro Lane, stated that he has observed for many years people jogging along Lexington Avenue and there is more. and more construction going in. There has recently been a townhouse development planned on Lexington. He stated that high school students jog along Lexington and that he walks on Lexington daily `to and from work and there is a heavy flow of school buses on the road. He stated that he approached the city last winter to see Page No. 8 July 20, 1999 what could be done to enhance safety on Lexington and the Council asked him to write letters to the county and the city to express his thoughts.' He further stated that he is also a member of the Parks and Recreation Commission and discussed the issue with the commission. He found out that a plan has been in place for many years''to connect a trail along Lexington to the Mendota Heights Road trail. He stated that he walks against traffic and feels very unsafe because the shoulders are very narrow and there are some wash outs along the cemetery property. He felt that his life is at risk many times while walking along the road and discussed the issue with the police chief, who suggested that he write to the city to express his concern. He felt that there are many people using the street that feel they are at risk. He stated that many times he uses the pathway through the Curley Addition to Wagon Wheel but that area does not .feel safe after dark. His biggest concern is about the general, safety on Lexington. Mr: Miielsons responded that the sentiment of the audience is that despite the benefit perhaps to the overall city, to them it has an immediate impairment to their properties and trees, etc. Mr. Craighead responded that there needs to be something to serve j the city's broadest needs that addresses these issues. He noted that there is a trail along Victoria that crosses driveways without any problems at all. Acting Mayor Krebsbach summarized Mr. Craighead's points regarding trail need as follow: the safety of people walking along Lexington: completion of the plan for the trail system link; there are narrow Shoulders that present hazards; the existing trail that goes througl 'the Curley neighborhood feels unsafe. Mr. Tim Wise, 2234 So. Lexington, stated that his house is the closest to the trail. He stated that other than the fact that he will lose all privacy, when he pulls out of his driveway it is already dangerous because he is on a hill. He asked who will be sued and who will be liable if someone comes down the trail and hits his vehicle as he comes out of his driveway. Also, he stated that when the snow is plowed, it will be pushed into his yard and house. Acting Mayor Krebsbach responded that Mr. Wise's house is clearly the closest to the road and asked how he would feel about widening Lexington:,' Page No. 9 July 20, 1999 Mr. Wise responded that he does not see why the road cannot be widened towards the cemetery, with the centerline moved to the west, arid.still accommodate a path and buffer zone for his driveway. He further stated that there are many steep driveways crossing trails but, if his Hedge has to come out he will lose all privacy. Acting Mayor Krebsbach asked how Mr. Wise would feel about a retaining wall. Mr. Wise responded that if the city puts in a retaining wall, drainage would have to be provided and the hedge would have to be removed. He stated that there would still be a problem with visibility and safety when coming out of his driveway. He stated that he does not want the trail. Ms. Michelle Zoff, 2150 So. Lexington, stated that there is a path through; the Curley neighborhood and if the city put up signs from Torn Thumb to Wagon Wheel, people could follow that trail. She stated that she moved to her house five years ago from an area where they had a trail in front of their house and she does not want this trail. t Park Commissioner Stan Linnell stated that a trail would provide a valuable amenity to the city and he has looked at each lot to see what impact the trail would have. Some will have much impact and he encouraged the city to do whatever it can to transplant trees and hedges to minimize the impact. He stated that perhaps the city could consider curb and gutter for the short stretch of Lexington by Mr. Wise's house and put the trail along the curb for that stretch. He stated that he understands that the property owners do not want the trail but there are residents of the apartments who are not present who do not have access to trails and this trail would link to trails in front of other people's property. Mr. Jerry Hobbs, 1065 Wagon Wheel, stated that he has lived in his home for forty years. He stated that there was a trail constructed for people to walk on that goes by I -35E to the park and connects to Mendota Heights Road. He further stated that none of the residents want the trail and they are the people who would be affected by it. He stated that his wife and two grandchildren walk the existing Curley trail 'and are not afraid to walk it as Mr. Craighead suggested. He 9tated4hat he lives at Wagon Wheel and Lexington and does not watit'fo'lose anything. Page No. 10 July 20, 1999 Councilmember Krebsbach asked Mr. Hobbs what his feeling is about a trail that would run from Wagon Wheel to Mendota Heights Road on .Lexington. Mr. Hobbs responded that the area is already connected to the park and that he is opposed to any new trail because there already is a good trail. Mr. Tim Gillespie, 1064 Wagon Wheel Trail, stated that he owns 2 % acres of land and was not aware of the proposed path at the time he bought his property. He stated that he cannot see where the trail is feasible. He stated that since he started building his home, he has only seen three people jogging or walking on Lexington. He felt the city would be spending a great deal of money on a trail when there already_is a'trail to Rogers Lake and Mendota Heights Road. Also there-is., a' pipe line that needs to be addressed, and there is quite an elevation.from the angle of the bridge. He stated that he is building a new home on his lot and built 40 feet from the street. The trail would bring the house 30 feet from the street. He stated that he would have set his home back sixty feet if he had known about the trail proposal, and that he owns all the way to the freeway. Mr. Gillespie stated that neither he nor his neighbors are in favor of the trail from Lexington to I -35E. Councilmember Dwyer stated that he feels Council should close the neighborhood meeting and go back to the blackboard to see if there is some way to balance the concerns. He stated that Council needs to balance the desires of some for the trail against the very legitimate opposition that has been raised this evening. Councilmember Dwyer moved to table the matter for fixrther engineering study and to bring the issue back at a later date. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Staff was directed to keep the neighborhood informed on the matter and to notify them when the trail issue comes back to Council. SLURRY SEAL BIDS Council acknowledged a memo from Engineer Mogan regarding Slurry Seal bids. It was noted that only one bid was received, from Struck & Irwin Paving, and that this firm has done all of the city's sluiriy sealing for the past ten years. Page No. 11 July 20, 1999 Councilmember Dwyer moved-to award the contract for the 1999 Slurry Seal Project to Struck & Irwin Paving, Inc., for its bid of $45,250.00. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 MAYFLOWER Council acknowledged a memo from Assistant Hollister relative DISTRIBUTING to an application from Mayflower Distributing Company for a building permit to construct an office- warehouse facility on Medallion Drive. Mr. Bernard Herman, the project architect, and the owners of Mayflower were present for the discussion. Mr. Herman gave Council an overview of the plan, stating that the plan shows a proposed expansion area of 21,280 square feet. He stated that the owner would appreciate if Council would consider that expansion area as part of the current project. The plan that he requests approval for is a 72800 square foot structure. He informed Council that everything will meet zoning requirements, including the added warehouse configuration, and that all of the materials will be the same. Mr. Marty Belavitz; owner of Mayflower Distributing, informed Council that he is a Mendota Heights resident and that he started the company in 1981. He explained that Mayflower distributes balloons and party goods to stores and party shops. The goods are brought in to his facility and are then shipped back out — there will be no processing at the facility. Mr. Belavitz stated that he is always concerned about through truck traffic and is not affiliated in any way with Mayflower Moving. He explained that the merchandise is brought to his facility by trucks three or four times a day, and the outbound trucks are delivery trucks, like Speedy Delivery, etc. Acting Mayor Krebsbach stated that Council asks that any truck traffic not.go. on Mendota Heights Road because of the schools, as a courtesy. She stated that Council would appreciate if Mr. Belavitz would instruct his drivers to take Pilot Knob Road to I -494 as a courtesy.. Mr. Herman stated that the structure will be pre -cast panel. There is a single'stoiy office extension that will be concrete unit masonry and all of the 'metal trim on the building will be clear anodized aluminum. The glass will be solar bronze, and there will be a dark blue accent band above the windows and a double blue band all around the structure. The office area rooftop equipment will be Page No. 12 July 20, 1999 screened by the parapet and a bronze metal band. The screening for the rooftop units will disappear into the sky. There are also rooftop units on the warehouse and they will also be screened by the metal band but those units will be back far enough on the roof that they will not be seen. There will be random rib pre -cast concrete panels all the way around the warehouse, painted to match the color of the office area. The total length of the structure, from north to south is 328 feet. Acting Mayor Krebsbach stated that Council generally has asked people to attempt to break up walls that are as expansive as this building. Mr. Herman responded that Council is looking at the facade and is concerned about breaking it up to some extent. The front portion of the added expansion space will have doors and windows similar to those shown in the submitted plan. Councilmember Huber stated that it is difficult to ask for approvals for something Council has not seen (no detail on the expansion area). Mr. Herman responded that the design and materials will not change from what ha's been submitted. At the time the plan was submitted, the intent was that the'expansion would occur in the future but the owner has decided that it would be wiser to build the total structure now rather than constructing an addition next year. Acting Mayor Krebsbach stated that Council is pleased that the business would be relocating to Mendota Heights from Eagan and expanding before construction even starts, but that Council is concerned about approving something for which it has no plan. Administrator Batchelder stated that in discussing the matter with the City Attorney, it,would be unprecedented to approve something not before Council this evening or without staff review. He stated that it would be a simple matter to bring the addition before Council at a future meeting, and he strongly urged Mr. Herman to do so. Councilmember Dwyer stated that his concern is the continuous concrete wall that is longer than a football field. He stated that Council has discouraged that in the past with warehouse buildings and has worked with applicants to put jogs in or something to break up the walls. Page No. 13 July 20, 1999 Mr. Herman responded that he thinks the addition actually helps the building because it will be creating an office element at one end and the addition to the other. He felt that the plan is significantly better because of the addition. Acting Mayor Krebsbach stated that she thinks it would be in the owner's best interest to have the entire building permit approved at one time rather than approving the portion that is presented tonight. She asked Mr. Herman if he would be agreeable to bring the request back in two weeks with full representation on what he is planning to build. Responding to a question from Councilmember Huber about trash storage, Mr. Herman stated that he intends to have a dumpster enclosure ni the rear, adjacent to the dock doors. Councilmember Huber stated that Mr. Herman has indicted that the roof top units will be virtually invisible either because of the sight line or because of the screening. He stated that he would appreciate some. type of representation on the drawings showing what the sight line will be. Councilmember Dwyer stated that he understands that Mr. Herman proposes to paint the exterior of the office and the concrete so that the colors match. He asked Mr. Herman if he has considered getting the concrete color impregnated into concrete in the casting process. Mr. Herman responded that putting color in the concrete gives an uneven product. Responding to a question from Councilmember Dwyer about green space, Public Works Director Danielson stated that the plan was reviewed by the City Planner and it does comply with the green space requirement. Acting Mayor Krebsbach stated that she would like confirmation that the additional parking has been reviewed for green space. Councilmember Dwyer stated that Council also generally asks for landscaping to be increased — larger trees and more plantings, and he would like to see enhanced landscaping when the applicants return to Council. Page No. 14 July 20, 1999 DODD ROAD RESURFACING CouncI acknowledged a letter from Mr. Bernard Friel regarding safety concerns over guardrails that have been installed on Dodd Road by MnDOT during the Dodd Road resurfacing project. Council also acknowledged an associated memo from the Public Works Director. Mr. Fried was present for the discussion. Mr. Friel stated that he was present as a resident of the city, not on behalf of the Planning Commission. He stated that he came home from a business trip a week ago and was pleased to see that the resurfacing project was moving along but was dismayed with the guardrails on the east side of Dodd at Pagel. He stated that similar concerns might be expressed with respect to all of the guardrails that have been installed along Dodd. He stated that he understands that tlicy were: installed for the safety of the general public but that they will'only protect the ditches and will cause problems for motorists, pedestrians and bicyclists. He informed Council that in the 40 years he has traveled Dodd Road to St. Paul, it has never been brought up that guardrails were needed for safety along Dodd, particularly at Pagel. He stated that there are much deeper ditches along Dodd, for instance at an Marie d at Wesley Lane, where guardrails have not been installed. In the case of Pagel, if someone went into the ditch they might have needed a front end alignment — now that the guardrails have been installed, people's lives and limbs are at risk. Mr. Friel informed Council that he asked MnDOT why they were located where they were located and he was told that the responsible person at, MnDOT did not have a specific recollection and he would get back to him. Also, the guardrails are not installed where the drawings indicated but rather are tight to the intersection of Dodd and Pagel on both sides of the intersection. He asked that Council request that the guardrails be removed. Councilmember Schneeman asked about the blacktop curbs. Mr. Friel responded that he feels they present a problem for walkers and bicyclists. Councilmember Dwyer stated that he had noticed the curb and he thought, there would be a problem for people who are on the shoulders; especially someone riding a bike, to move over to avoid a car and then hit the curb and veer back towards the oncoming car. He also stated that the guardrails are unattractive and felt that they may create more of a problem than they were intended to correct. Page No. 15 July 20, 1999 Acting Mayor Krebsbach stated that she concurs about bumping up against the curb with a bike. She stated that she would like the Public Works Director to contact MnDOT to ask for their rationale for the curb and the guardrails. Council directed staff to contact MnDOT about the curb and guardrails and to check on drainage as well because drainage may be impaired because of the curbing. ROSEVILLE PROPERTIES Council acknowledged a memo from Public Works Director Danielson regarding footing and foundation approval for Phase IV of the Centre Pointe Business Park. Mr. Mark Rancone was present on behalf of,Roseville Properties. Acting Mayor Krebsbach stated that the question before Council is a footing and foundation permit and asked if that resolves the question over the materials being brought in. Mr. Rancone stated that the soil along that side of the road is not buildable in many cases and needs to be taken out and new fill needs to be imported. He stated that it recently came to his attention that there was a significant amount of good soil at a good price due to airport reconstruction. He stated that he would like to use that fill at the subject site and for the next pad site. Within thirty days both the hills Will be leveled and there would be a flat surface for a building. He 'stated that the building falls away to a sharp ravine, and some trees, primarily scrub trees, will need to be removed. He informed Council that Roseville Properties will be putting more trees into the development than existed on the site before. He stated that he has some concerns about if he can effectively screen the cemetery from the building and will probably do some mitigation there. Public Works Director Danielson stated that there are two ways that the city can approach the issue. The city has allowed fill projects in excess of 400 cubic yards in conjunction with a project, but when there is no project involved (no building permit), a conditional use permit is required. He stated that in industrial developments, because, ofthe expanse of land and the grading going on during construction, often filling does exceed 400 yards and it has not been policy to require a conditional use permit. In this case, it is not being done in conjunction with construction. Roseville Properties has said that the filling is in conjunction with a construction plan that they are working on. He stated that the main concern is problems that could be caused for adjacent property. Page No. 16 July 20, 1999 Responding to a question from Acting Mayor Krebsbach, Mr. Rancone stated that it could be that he will begin the next building yet this fall or the site may just sit in its graded state until next spring. He stated that he must decide within the next sixty days. Acting Mayor Krebsbach stated that if Council were to approve the request, there would be a concern about weeds. She asked how Mr. Rancone would manage the site. Mr. Rancone responded that if it would get leveled in the grading process the weeds would be gone for this year. He stated that he would be leveling off two piles of fill that are on site and may bring in a little.more fill, but all of it will be flat in the next 30 days. He did not think much is going to grow at this stage but if next spring comes around and Council thinks it is out of control, he will be sure to cut it. He stated that Roseville Properties wants the site to look desirable for people coming by, and has the same interest as Council to make the site look as attractive as possible. Acting Mayor Krebsbach stated that it would be a departure to grant the request before there is a plan before Council, and Council needs assurance that the site will be managed. Mr. Rancone gave Council that assurance. Councilmember Huber asked if it would be more appropriate to issue a conditional use permit to bring the fill in and grade it as Mr. Rancone desires and then come in for the building permit at such time as the project is ready to proceed. He stated that in the past Council has issued,footing and foundation permits because applicants needed them to get going quickly on a project. In this case, it sounds likely that the applicants are not sure they are even going to begin construction this year. He stated that Mr. Rancone needs the fill and the site is going to be developed, so it seems to him that the smallest action Council could take is to grant the conditional use permit for filling. Attorney Hart responded that this makes sense from the city perspective. He stated that Council should deal with the problem before it — Roseville Properties needs to take advantage of the opportunity for fill and for the grading of the property. That could be done with the conditions Council has set, including keeping the weeds mowed. Page No. 17 July 20, 1999 Mr. Rancone stated that he had a ten day window to get the soil and Public Works Director Danielson felt that the footing and foundation process would be the quickest. Acting Mayor Krebsbach stated that this would be the fifth building Roseville Properties would be building. That is the key for her approval. She stated that she would not approve a permit if someone had imported this much fill without a permit, but the fact is that this is part of a complete development. Roseville Properties will be building on this site and is the owner of the adjoining lot. Mr. Rancone responded that his contractor led him to believe he had approval to do the filling but as it turned out, he had a license from the city and thought that. was all he needed. Councilmember Dwyer stated that as the trucks come in with fill, sometimes there is a mess. He asked for assurance that there will be cleanup. City Attorney Hart informed Council that, upon review of the ordinance, where there is more than 400 cubic yards of fill being brought in to a site, it must be handled by a conditional use permit. It is mandatory that this be done according to ordinance, which includes a public hearing. He stated that he does not expect there will be opposition but the city must notify the public. Given that Roseville Properties has developed a number of these properties in this area and has done a nice job, the only real procedural alternative is to have a temporary special permit for the deposit of the fill material on site. He recommended that there be a bond posted for removal in the event the conditional use permit is denied. He informed Council that it is beyond the discretion of Council to waive a conditional use permit hearing. Councifinember Dwyer moved to grant a temporary pernvt that would allow the fill to be deposited where it presently and in whatever amount was brought in subject to due hearing before the Planning Commission, and as to security in the event the materials must be removed, that the bond be waived because of the history of Roseville Properties with the city. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Page No. 18 July 20, 1999 STREET RECONSTRUCTION Council acknowledged a memo from Engineer Mogan regarding potential Year 2000 street reconstruction projects. Engineer Mogan reviewed his report for Council. Councilmember Huber stated that Council has an order of priority for streets that do not have curb and gutter and that he would like to take the four areas that need curb and gutter and get a fix in Council's minds on when those projects are coming. Responding to a question from, Acting Mayor Krebsbach Engineer Mogan stated that the streets in Somerset View are in the worst condition. Acting Mayor Krebsbach suggested polling the Somerset View residents to see if they are interested. Public Works Director Danielson responded that Council should really consider the mill and overlay streets as well, since those streets are in very bad condition. Councilmember Huber suggested polling the residents of Somerset, Rogers, Lake about reconstruction and the Ivy Falls 2nd Addition and Delaware crossing area residents about mill and overlay to get some sense of what the people want. Councilmember Huber moved to poll the Somerset View, Rogers Lake and Lake Shore Addition, Ivy Falls 2nd Addition and Delaware Crossing property owners to begin the process of reconstruction in the year 2000. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 EASEMENT VACATION Actirig Mayor Krebsbach opened the meeting for the purpose of a public Bearing on the vacation of a drainage easement at 1822 Valley Curve. Council acknowledged an associated report from the Public Works Director. Ayes: 4 Nays: 0 There being no questions or comments from the audience, Councilmember Dwyer moved that the hearing be closed. Councilmember Schneeman seconded the motion. Councilmember Dwyer moved adoption of Resolution No. 99 -40, "A RESOLUTION VACATING THE 10' WIDE DRAINAGE Page No. 19 July 20, 1999 EASEMENT CROSSING LOT 1 BLOCK 1 RIDGEWOOD PARK ADDITION. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PILOT KNOB TURN BACK Council acknowledged a memo from Public Works Director Danielson regarding the county turn back of Pilot Knob Road north of T.H..13 to the city. Councilmember Dwyer pointed out that although this would be a county turn back, that portion of Pilot Knob would be designated as a city MSA route for maintenance. Councilmember Dwyer moved adoption of Resolution No. 99 -41, "A RESOLUTION: ESTABLISHING MUNICIPAL STATE AID HIGHWAYS." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Councilmember Huber moved approval of an Agreement for Revocation of County State Aid Highway 31, along with i authorization for its execution by the appropriate city officials. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 TOBACCO ORDINANCE Council acknowledged a proposed Uniform Tobacco Ordinance and related memo from the Police Chief. Chief Johnson reviewed the provisions of the ordinance for Council and the audience. Acting Mayor Krebsbach asked how Tempo would keep juveniles from attempting to use their vending machine. Chief Johnson responded that the police department would have to go in and check to see what provisions are being made by Tempco. Chief Johnson then responded to Council questions. Councilmember Huber moved adoption of Ordinance No. 333, "AN ORDINANCE AMENDING ORDINANCE NO. 601," as presented. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 Page No. 20 July 20, 1999 BUDGET WORKSHOP Council acknowledged a memo from Administrator Batchelder regarding scheduling a budget workshop. Councilmomber Schneeman moved to conduct the budget workshop on Tuesday, August 17, 1999 at 5:30 p.m., with the city department heads, prior to the regular Council meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:25 p.m. /n Ka een M. Swanson City Clerk ATTEST: 1 Charles E. Mertensotto Mayor