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1995-06-06 Council minutesPage No. 4411 June 6, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 6, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1 101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the May 2, 1995 regular meeting with corrections. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith Councilmember Koch moved approval of the minutes of the May 16, 1995 regular meeting with amendment. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item f, part-time help for the Street and Park Departments, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 9, 1995 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the May 10, 1995 Airport Relations Commission meeting. c. Acknowledgment of the minutes of the May 23, 1995 Planning Commission meeting. d. Acknowledgment of the Code Enforcement monthly report for May. Page No. 4412 June 6, 1995 e. Approval to hire a probationary police officer from the existing eligibility list at a pay rate designated by the bargaining agreement. f. Authorization to issue a building permit to allow minor alterations at Lloyd Food Products, Inc., 1455 Mendota Heights Road, in accordance with a memo from Code Enforcement Officer Berg and plans filed with the permit application. g. Approval to forward city comments regarding the 1996 -2000 Dakota County Capital Improvement Plan to Dakota County for consideration and inclusion within the plan. h. Approval of the list of contractor licenses dated June 6, 1995 and attached hereto. i. Approval of the list of claims dated June 6, 1995 and totaling $319,007.67. j. Authorization for staff to issue a purchase order to Landscape Junction to move limestone blocks from Acacia Park Cemetery to Ivy Park and North Kensington Park. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 SUMMER HELP Council acknowledged and briefly discussed a memo from Public Works Superintendent Olund requesting authorization to hire two additional part-time summer helpers, one for the Park Department and one for the Street Department. Mayor Mertensotto stated that the memo indicates that part-time summer workers are scheduled for Monday through Thursday and pointed out that the work days should not be specified. Councilmember Huber moved to approve the request to hire Paul Giefer as a summer helper from June 12 to September 8 and Tim Oster for June 12 to October 5, with the direction and correction that there be no specified work days for any summer Public Works helpers. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Robert Pryor, 2455 Hampshire Court, and Mr. Sten Gerfast, 1802 Valley Curve, and others were present regarding the tree Page No. 4413 June 6, 1995 - 1 moratorium and proposed tree preservation ordinance. Mr. Pryor submitted a petition in opposition to the existing tree moratorium and asked that Council repeal the moratorium. Mayor Mertensotto explained that the clear cutting of large pieces of land near the Mendota Bridge precipitated the adoption of a six month moratorium to give Council immediate control over tree cutting while the Planning Commission and Council consider the proposed tree preservation ordinance. He informed the audience that the Commission conducted a public hearing on the ordinance on May 23. He stated that even though there is a moratorium, property owners can get permits to remove dead or diseased trees or trees that interfere with home foundations, etc. He explained that several cities have tree ordinances in effect. Responding to a question from Councilmember Krebsbach, Mr. Pryor stated that the property owners are concerned about both the moratorium and the proposed ordinance. Mr. Gerfast stated that both the moratorium and the ordinance are included within the petition. Mayor Mertensotto asked those in attendance for the issue to submit written concerns about the ordinance so that they can be considered when the ordinance comes before Council. He explained that the moratorium has a sunset provision of September 6 if no tree preservation is adopted by that date. Councilmember Huber informed the audience that Council adopted the moratorium because it was concerned that a developer could come in an clear cut a property in preparation for development before the city could have any input. He explained that the proposed tree preservation ordinance is geared towards development projects and not directed towards residential lots. The audience was notified that the tree ordinance is scheduled for consideration at the June 20 meeting. Staff was directed to notify Mr. Pryor, Mr. Gerfast, and others who express interest, of the date the ordinance will be on a Council agenda. EAGLE SCOUT PROJECT Eagle Scout candidate Josh Sokol gave Council and the audience a follow -up report on the success of his "Teen Temps" Eagle Scout project, which linked teens with elderly or disabled residents who needed someone to do chores for them. Mayor Mertensotto thanked Mr. Sokol for the report and the project, and wished him success on behalf of the Council on his application for certification as an Eagle Scout. Page No. 4414 June 6, 1995 HEARING - MENDOTA Mayor Mertensotto opened the meeting for the purpose of a public LIQUOR hearing on an application from Mendota Liquor for an off-sale liquor license for a facility in the Mendota Mall. Council acknowledged an associated memo from the City Clerk. Mr. Patrick Soen, owner/operator of Mendota Liquor, and representatives from Paster Enterprises were present for the discussion. Mayor Mertensotto asked for questions and comments from the audience. Mr. Ed Paster stated that the proposed use is consistent with the former MGM Liquor Warehouse use in the shopping center, only on a smaller scale. Responding to a question from Councilmember Smith, Mr. Soen stated that he is the sole employee of Mendota Liquor at this time but that he will hire someone when he can. Administrator Lawell stated that Dakota Alliance for Prevention representatives would like to meet with Mr. Soen and pass on information to him on their efforts to control the use of liquor and cigarettes. Mayor Mertensotto noted that many liquor establishments post signs that state that it is illegal to buy liquor for minors. Mr. Soen responded that he will post signs and will also meet with the DAP representatives, and that he will enforce the cigarette and liquor laws as they relate to minors. There being no further questions or comments, the hearing was closed. In accordance with the provisions of the liquor ordinance, action on the license application was continued to June 20. MARRIOTT LIQUOR HEARING Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Marriott Courtyard Hotel for renewal of its on-sale limited service hotel liquor license and Sunday on-sale liquor license. There being no questions or comments from the audience, Councilmember Krebsbach moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Koch moved to approve the renewal of On-Sale Limited Service Hotel and Motel and Special Sunday On-Sale Liquor Licenses for the Courtyard by Marriott Hotel. Page No. 4415 June 6, 1995 Councilmember Huber seconded the motion, Ayes: 5 Nays: 0 CLUB LIQUOR HEARINGS Mayor Mertensotto opened the meeting for the purpose of public hearings on applications from Mendakota Country Club and Somerset Country Club for renewal of their Club On-Sale (including Sunday) liquor licenses. There being no questions or comments, Councilmember Krebsbach moved to close the hearing. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to approve the renewal of Club On-Sale Liquor licenses for Mendakota Country Club and Somerset Country Club. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 POLICE GARAGE Council acknowledged a memo from Building Manager Guy Kullander regarding quotes received for resurfacing the Police Department garage floor. Mr. Kullander was present for the discussion. Councilmember Smith asked about the long term benefits of acrylic coating (quoted by PSI Concrete) over epoxy coating (quoted by the other contractors). She also stated that she understands that PSI's quote of $2,585 is for reduced mil thickness. Mr. Kullander responded that acrylic is used on flooring by the paper industry and has been found to be better than epoxy in the long term. He also explained that acrylic does not have as many fames and dries in less than an hour. With respect to mil thickness, he stated that the original quote was for 48 to 58 mils but half of the mils have been eliminated. He stated that the proposed number of layers is more than adequate for the garage floor. Responding to a question from Mayor Mertensotto, he stated that the product is anti- skid, and he informed Council that concrete healer is included within the bid price. He stated that at the time that the fire station floor was resurfaced, Assistant Chief wanted the type of flooring specified by PSI but it was too expensive at that time. Councilmember Krebsbach moved to authorize staff to issue a purchase order to PSI Concrete Surfacing for its quote of $2,585.00 Page No. 4416 June 6, 1995 to resurface the police parking garage floor. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COURT RESURFACING Council acknowledged a memo from Guy Kullander regarding the need to resurface basketball and tennis courts, along with quotes from C&H Construction and Recreational Surfaces. Mr. Kullander reviewed his memo and answered Council questions. Councilmember Smith moved to award a contract to C&H Construction to resurface the tennis courts in Ivy Park and the basketball court in Mendakota Park for its quote of $4,770, and to authorize C&H to repair the cracks in the tennis courts in Valley, Marie, Rogers Lake and Wentworth parks at a cost of $1,070. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SEAL COATING Council acknowledged a memo from Civil Engineer Sanders regarding the 1995 Seal Coating project. It was noted that only one bid was received for the project. Councilmember Krebsbach moved to award the contract for the 1995 Seal Coating project to Strunk & Irwin Paving, Inc., for its bid of 444,950. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA MEADOWS Council acknowledged a tabulation of bids received for construction of public improvements to serve the Mendota Meadows plat. Councilmember Krebsbach moved adoption of Resolution No. 95- 23, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 2)," awarding the contract to Ryan Contracting, Inc., for its low bid of $184,175.00. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Staff was directed to retain the bid bonds of Ryan and Nodland Construction, the second lowest bidder, until the contract is executed. CASE NO. 95-08, KING Mr. Lawrence King, 5 Beebe Avenue, was present to request approval of his application for conditional use permit for a detached garage on a through lot and variances to the rear yard setback, minimum garage size, side yard setback and height, in order to Page No. 4417 June 6, 1995 enlarge his existing garage. Council acknowledged reports from the City Planner and Administrative Assistant. Mayor Mertensotto stated that in 1991 Council approved a conditional use permit and variances for enlarging the garage but that Mr. King did not accomplish the work. Mr. King informed Council that the project consists of enlarging a garage built in 1939 which is not of adequate size for a standard large vehicle. He explained that because of the slope of his back yard, removing the structure, excavating and rebuilding would be cost prohibitive. He stated that in addition to expanding the garage he will level the yard to try to solve a drainage problem of water collecting on the north side of the house by eliminating the sidewalk along the garage. Responding to a question from Mayor Mertensotto, he stated that he is requesting a variance of 17'3" from the front yard setback requirement, so the garage would be 12'9" from the Ashley Lane right -of -way. Mayor Mertensotto did not feel that there would be enough room to park a car in the driveway. Mr. King responded that the cars would be parked inside the garage and he is putting in a driveway in front of the house, which is where visitors will park. Mayor Mertensotto stated that he is concerned that if the Kings sell the property, future owners might park in the driveway to the garage and overhang over the traveled portion of the road. Mr. King stated that there is another 7 to 8 feet between the edge of the right -of -way and the street, which should provide plenty of room to park. Responding to a question from Councilmember Smith about the west side of the driveway being very close to the traveled portion of the street, he stated that the back edge of the garage is parallel to the street. Mayor Mertensotto stated that the application includes a second story in the garage for storage space. He informed Mr. King that under no circumstance could the area be intended to be living quarters. Mr. King responded that it will not be used for living space but rather it is for storage of bicycles, lawn equipment, etc., which he currently has no storage space for. He stated that he has no intention for the space to become living quarters. Page No. 4418 June 6, 1995 Mayor Mertensotto stated that the approving resolution would have to include a condition that the space cannot be used for living quarters and a condition that the applicant must submit a drainage plan to city engineering staff for approval. He stated that a conditional use permit would only be granted on the condition that the second story cannot be used for living or sleeping quarters and can be used for storage only. City Attorney Hart stated it should be stipulated in the resolution that if the conditions are violated or in the event that the structure is substantially damaged by fire, the conditional use permit will terminate. Councilmember Krebsbach moved adoption of Resolution No. 95- 24, "A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AND VARIANCES FOR 5 BEEBE AVENUE," amended to include conditions that in the event that the garage is in any manner used for living or sleeping quarters or is substantially destroyed the conditional use permit will automatically terminate, and revised to stipulate that a drainage plan be prepared and submitted for approval by city staff. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 95-03, HEAVER Council acknowledged a memo from staff regarding continued discussion on the Keith Heaver application for subdivision approval for the Ivy Falls South Addition. Council also acknowledged letters from Heaver Design/Construction, Mr. S. Todd Rapp, legal counsel for Heaver Design, a letter from Mr. Thomas Krause transmitting a neighborhood petition expressing concerns over the proposed plat, a traffic analysis report, information on retaining wall construction, a report on ground water, a report from the City Planner regarding rear yard lot alignment, and statements from Mr. Heaver relative to front yard setback distances and retaining walls. Mr. Heaver, surveyor Paul McGinley, civil engineer Jeff Shopek, and attorney S. Todd Rapp were present for the discussion. Mr. Heaver explained that at the last Council discussion on the matter, seven issues of concern were raised and he has done much more research and hired professionals to respond to the concerns. He reviewed a map showing how the 18 lot subdivision would fit in with the surrounding neighborhood, and stated that he is not asking for any variances. He informed Council that the range of lot sizes and widths in Cherry Hills and the eight lots to the north on Knollwood and the lots to the east vary from 92 to 142 feet wide. He stated that his development, with some adjustments to increase Page No. 4419 June 6, 1995 the southeast line by 30 feet, which allows five feet more width to the lots on the southeast, will have lots widths ranging from 100 feet to 145 feet and average 115 feet wide, which is very compatible with the surrounding lots in the neighborhood. He stated that as one drives down the street, what is important is how wide the lots are, and by increasing the lot widths more open space will be created between the homes. Mr. Heaver then responded to the seven concerns as follows. Park dedication - the Park Commission has requested an easement for a walkway, along with construction of the walkway, which he has agreed to. Street patterning - he has hired a consultant and according to his survey, the proposed plat will create very little traffic impact. Grading and retaining walls - he has made some adjustments to the plan and is very close to a balance of grading, and has eliminated all retaining walls except the one on Mrs. Logan's property which she will maintain. Soil condition - American Engineering was retained and did nine soil borings on the site. Lot alignment was addressed by the City Planner's report, which indicated that the view of a single family home from another is not considered a detrimental condition. Setbacks - as one looks to the surrounding homes on Knollwood and the Cherry Hills development, most of the homes are set back 30 to 35 feet, and he is proposing to maintain those setbacks and in some cases a 40 foot setback, depending on the size of the home. The sideyard minimum is 10 feet, but with the wider lots, he believes there will be more open space between homes. Mayor Mertensotto asked if Mr. Heaver will be the sole developer and if the homes will be in the market range of $300,000 and up as Mr. Heaver has previously indicated. Mr. Heaver responded that he is the sole developer and that the homes on Clement will be in the $225,000 range and up. Mayor Mertensotto asked if Mr. Heaver has any question in his mind that the engineers he hired show a 52 foot difference in elevation from the east end to the southerly boundary. He asked why Mr. Heaver does not want the roadway to tie into Clement instead of using a cul -de -sac on his property and if that is because Mr. Heaver does not want more traffic to come through his development. Mr. Heaver responded that he wants the property to tie in with both Cherry Hills and Ivy Falls West, and tying the street through to Clement would bring more traffic into the neighborhoods. He explained that he is creating much less traffic by his plan than if the road were to go to Clement and that he wants to minimize the traffic Page No. 4420 June 6, 1995 to the neighborhood, and that there would be greater traffic if Clement was extended and created a direct route Dodd to Wachtler. He pointed out that a traffic engineer has prepared a report on the issue and that traffic counts were done. Mayor Mertensotto asked if Mr. Heaver has been on the site just after a rain storin to see how much water is coming off the site to Ivy Lane. He stated that the soil borings show a deviation as to the level of the underground water at the lower elevations and the American Engineering report recommends perimeter drains for all homes. Mr. Heaver responded that perimeter drains are standard as the code requires. Mayor Mertensotto asked Mr. Heaver if he agrees that the more impervious surface there is, the more run -off will be created. He stated that the area Mr. Heaver is currently developing on Sutcliff does not have as steep a slope but the site has a holding pond to control drainage in the area. He asked If Mr. Heaver would object to the use of a holding pond in the proposed development. He also asked why Mr. Heaver thinks it is important for Ivy Lane to go through to Cherry Hill Road Mr. Heaver agreed that run -off is increased when impervious surface increases but stated that he does not feel a holding pond is needed for the proposed development. With respect to Ivy Lane, he stated that it is important first of all that when Cherry Hills was platted, it anticipated egress into the Logan/Hughes site and a minimum of 500 feet is required for a cul -de -sac. He stated that although he was not here 30 years ago, he believes the that the temporary cul -de -sac on Knollwood anticipated a future cul -de -sac to create a nice flow of traffic. Mayor Mertensotto responded that the reason the 30 foot right -of- way was platted was because there was a proposed development adjoining undeveloped land and the city always provides a means of access to undeveloped property. Mayor Mertensotto stated that there is a silver maple tree in the middle of where Ivy Lane is proposed. Mr. Heaver responded that he will work around the tree and do everything possible to save it, including blacktopping around it. If the tree dies, he stated that he will replace it through the city's tree planting program. Mayor Mertensotto stated that Mr. Heaver has indicated that he could be short 4,100 cubic yards of fill and must either adjust the Page No. 4421 June 6, 1995 grade elevation of the cul de sac or lower the grades on the site plan by 3 feet if he does not bring in soil. Mr. Heaver responded that the plan is preliminary at this time and can be adjusted to get a balance of cuts and fills. Engineer Jeff Shopek reviewed the drainage plan, responding to Council's concern on run off and drainage calculations. After reviewing the plan, he stated that calculating run -off from all of the impervious area of the lots that drain to Cherry Hills, existing run- off to that area will be reduced by 60 %. Responding to a question from Mayor Mertensotto, he stated that easements will be needed for five lots where drainage swales will be created to bring drainage to the storm sewer system in Knollwood. Also to responding to a question about the low point on the site, he stated that it is at the storm seer inlet between lots 16 and 17 and that will capture water fro the rear lots of lots 13 -16. The surface water from the rear yards of Lots 17 and 18, Block 2, and Lots 1 and 2, Block 1 will go to Ivy Lane. Mayor Mertensotto stated that Mr. Shopek had indicated that 60% of the drainage will be down Knollwood to Emerson. He asked what happens when the water gets to that point. Mr. Shopek responded that the city's engineer has indicated that the storm sewer system at that point was sized to handle the proposed development. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that ditch drainage begins in the ditch by EcoLab. Mayor Mertensotto asked if the developer has considered using a holding pond to meter and slow the flow of water coming from the site. He suggested that it might be an improvement in the project, particularly to slow down the water when it gets to the open ditch. Mr. Shopek responded that the Planning Commission discussed a holding pond but everyone concerned felt that there the water should be handled by storm sewer instead. He further stated that he understands that the existing pipe is adequate to handle the development and that there is no problem downstream. Councilmember Huber stated that the open ditch is on the west side of Wachtler and there is quite a bit of erosion. Public Works Director Danielson responded that he has asked Dakota County to Page No. 4422 June 6, 1995 budget for maintaining an improving that storm water system, as it does need work. Mayor Mertensotto stated that the land owners adjoining the development site say that there is a 6 inch stream of water coming off the site in the Ivy Lane easement area. Mr. Heaver responded that this is why he is planning to reduce the amount of flow. He also stated that he understands that in the next 2 or 3 years the city is planning on designing a storm sewer system for Cherry Hills. Mayor Mertensotto stated that the issue involves more than just saying that the proposed storm sewer system will work. He noted that it is very common today to use holding ponds to meter water, and the more water that is put into the open drain way, the more problems that are created. He stated that the Heaver site has a 52 foot drop and house pads will be cut into the sides of the hill if the lots are developed. Mr. Shopek showed cross sections of the site, stating that the grade from Mrs. Logan's house to the bottom property line is about 50 feet, and as the homes go down the slope they will be backslapped so that water goes to the storm sewer system. Mayor Mertensotto asked the grade of the cul de sac as it travels to the east. He also asked the reason why storm sewer is not extended east and west at the catch basins if Ivy Lane is extended. Mr. Shopek responded that the grade 1/2% at the low point and up to 3% at the end of the cul de sac. With respect to the catch basins, he stated that it is typical engineering design to put catch basins at intersections but they can be slid back 50 to 100 feet to catch a little more of the Ivy Lane run -off. Councihnember Huber stated that he is concerned about water coming from Ivy Lane, since Cherry Hill Road is not crowned. Mr. Shopek responded that this is he has reduced the run off to the street and taken it to the storm sewer. The existing condition will actually improve drainage going to Ivy Lane, and berms will also be added to keep water in the yards that generate it. He stated that in preparing the drainage plan, he used standard engineering practices and that he has designed at least 3,000 lots in his experience. He stated that he went through significant detail and has done a thorough job. Mr. Don Whitig, 1432 Cherry Hill commented that there is 6 inches of water on the site after a heavy rain and reducing that by 50% still Page No. 4423 June 6, 1995 - leaves 50% to deal with, thus the holding water theory should be considered. Mr. McLagan stated that a holding pond was never proposed but when he talked about the collection system at the Planning Conunission hearing people in the area thought that meant a holding pond and strongly objected to one. Mr. Whitig stated that there would be a berm in his back yard and asked who would responsible for maintaining the berm and whether it will be landscaped. Mr. Shopek responded that the berm will be in the adjoining yard, that it will probably be grass although the homeowner may landscape it. He explained that it will not be a huge mound, but rather a place to direct drainage to the street, it will run along Lot 17 and 18, and will be within a drainage and utility easement. He explained that since it will be within an easement, the owner could not alter or remove it. Mr. Heaver informed Council that he has met with the neighbors adjoining Lots 17 and 18 and has agreed to work with them to reshape the berm and to transplant trees to create a landscaped barrier. Mr. Stan Linell, 1407 Cherry Hill Road, stated that the cross - section does not show a berm between the proposed development and the Pryor residence and apparently the rear yards of the new homes will drain to the back yard of the Pryor residence. He further stated that the grade on Ivy Lane was not address and that he understood much of the run -off will go to the storm sewer but what comes from Ivy Lane with curb and gutter will drain to Cherry Hill Road where there are no curbs. He stated that although the maple tree in the Ivy Lane easement is a beautifiil tree, it is not a strong species and it would probably be best to take it out and plant a new one. Mayor Mertensotto responded that the tree's trunk and the fact that the roots are coming out of the ground show its age, and he felt it would be very difficult to grade around it. Responding to an audience question on who would have to pay for ditch repairs if the county refuses, Public Works Director Danielson stated that the county would not say the city could not put storm water into the ditch but they will participate to the extent that the county road contributes to the problem. Mr. Preston Smith stated that a significant amount of water will be dumped into his yard and the soil in his yard and his neighbors' Page No. 4424 June 6, 1995 yards is very heavy clay, which accounts for the reason why water pools in the easement at the end of Cherry Hill Road every spring. He was concerned that the surface water will rush down much more on a paved street than it does on the grass now. He stated that once the streets are in and the houses are in, the slope will actually increase coining down to his house. With respect to traffic, he stated that it is a courtesy among the residents on Cherry Hill Road to drive down the street very carefully because there are children in the area and he is concerned about increased traffic. Councilmeraber Krebsbach asked if there is a catch basin where the proposed Ivy Lane will intersect with the Smith back yard. Mr. Shopek responded that by installing the streets and having the lots drain to the streets, only the back of the roofs and rear of the lots will drain towards Ivy Lane and drainage will be reduced. He explained that the lots will be graded back to the proposed Knollwood Lane and he could move the catch basin back 50 to 60 feet but could not get it back to the Smith property line. Councihnember Smith stated that the area is vegetated now, which holds back water, and the grade would change so that the final slope will be a bit more steep into the current residences' back yards. Mr. Shopek responded that when he did the storm calculations he considered existing slopes and existing vegetation and proposed slopes and new vegetation. He explained that during grading there will be erosion control, seeding and mulching and temporary storm water holding areas, and silt fences, dikes and berms and other temporary measures will be in place until seed is developed and each lot is built on. Responding to a question about the slopes and drainage on new Ivy Lane, and whether water from Knollwood entering Ivy Lane will create a shoot of water, he stated that the slope will be about 7% and then will flattened down to 2% and the water on Ivy Lane will be just the surface water from Ivy Lane. Mayor Mertensotto stated that the slopes in the development are probably as steep as any that have been proposed for development in a long time and while the engineer can use all of the text book design figures in installing a storm sewer system, with these kinds of slopes and in a heavy storm water will flow over the curb. He stated that he is disturbed that the developer has said that as long as he meets minimum development requirements he can develop the site. He stated that the developer is not talking about affordable housing where he must only meet minimum standards and Council should take extra precautions to protect the existing homes. Mayor Mertensotto stated that after the project is completed the developer Page No. 4425 June 6, 1995 will leave and the city could be faced with storm sewer problems to correct. He expressed concern about drainage and about traffic patterns, stating that the houses will generate an average of 10 trips per day, which means that those on the cul de sac will generate 160 trips per day from Ivy Lane. He pointed out that there will be a steep grade on Ivy Lane, which will come into the middle of a residential street, and he is concerned fro the standpoint of overall traffic. He felt that the best design would be to connect Knollwood to Emerson Avenue from the standpoint of municipal service and that it is not desirable to open Ivy Lane into Cherry Hill Road. He stated that the developer wants a cul de sac, and the neighbors feel that the developer is shoe- horning lots into the developments and would not object to 16 lots. He felt that perhaps even 16 would not be appropriate given the slopes and drainage concerns, and stated that a holding pond for drainage is needed and that he cannot approve the plat. Mr. McLagan stated that, with respect to traffic, it is not Mr. Heaver's intention to favor a cul de sac to limit traffic into his development by using the cul -de -sac. He stated that traffic to Knollwood would be greater through the existing neighborhoods if there were no cul de sac, and Mr. Heaver is concerned about traffic through those neighborhoods. Councihnember Huber stated that if someone came from south of Dodd, they would turn at Wentworth to Wachtler, and from the other way, First to Emerson and down. He felt that if Ivy were blocked off some traffic might cut through on Third to Knollwood to Emerson, but it would be extremely small. Mr. McLagan responded that the T.T. Smith neighborhood getting to T.H. 13 by a shorter route would have an impact. Mr. Heaver stated that he has spent several thousand dollars in the past 30 days hiring professional people to study the site and do research, and he feels they have provided sound engineering conclusions, and that the traffic consultant report is favorable and compatible to the extension of Knollwood as it winds down to two other existing cul de sacs. He felt that his consultants have done a tremendous job and that if two lots are removed it will not positively impact area drainage. He explained that the lots are not minimum sized lots but rather exceed lot width and size standards, and stated that the project will be first class. Councilmember Koch stated that she feels that the developer and Mrs. Logan should be commended for the way they have handled themselves in responding to what she feels are unreasonable Page No. 4426 June 6, 1995 demands. She stated that certainly Council has a responsibility to protect existing neighbors and that she believes Council has done that. She felt that the neighborhood has come with up with a magic number of 16 lots and stated that she understands their concerns, and as she mentioned to Mr. Heaver, she felt that 19 lots originally proposed was too many. She stated that the reality of the situation is that the proposed development does fit in with city ordinances and that Council has responded to neighborhood concerns about grading, drainage and traffic. She pointed out that Council asked Mr. Heaver to hire professionals to answer those questions, and even though Council does not perhaps like what the answers are, the reports have been given. She stated that all Council can do is the best it can do and that she did not think Council can say no to the plat because it doesn't like the density and because people do not want the development to come in. She stated that once people move into an area they start taking over and say other people cannot develop their property even though a property owner has that right as long as all concerns are met. She further stated that the developer went to considerable expense to answer the questions raised by Council and the neighbors at the last meeting and Council cannot now tell the developer it does not like the plan and he should bring back something Council and the neighbors like. She felt that by the petition, the neighbors are saying that they want Council to deny the platting request unless Mrs. Logan and Mr. Heaver do what the neighbors want them to do with their property. She stated that if the drainage, safety and traffic concerns are addressed and staff feels the proposal is workable, she did not feel that Council could deny the application. Mayor Mertensotto stated that he is concerned that the neighborhood is willing to accept the plat with 16 lots, and while everyone has opinions, the residents have the right to speak to the issue. He further stated that he is not saying Council should deny the request because the people object, but they have raised some legitimate concerns and this is a unique parcel because of the slopes and the residents are looking for a compromise. He informed Council that he also has more condition that he would want addressed before preliminary plat approval, such as whether Ivy Lane should be built. He felt that Knollwood should go through to Clement but would be willing to make some concessions if the density of the development was reduced. Councilmember Smith stated that she has two concerns, drainage because that would affect people's homes, and concerns about Ivy i Lane because of the amount of water ponding there now which will not pool there in the plan. The other concern she had is the Page No. 4427 June 6, 1995 difference in elevation between the homes on Cherry Hill Road and the new homes that will abut the back, yards along Knollwood. She stated that there will likely be two story homes on Knollwood that abut homes on Cherry Hill Road and there is a 14 foot difference in the basement elevations - the existing homes will be looking uphill at another three stories. Mr. Heaver responded that the grade elevation of the Cherry Hills properties to the back yard walls -outs on his lots is about a 4 foot difference, and he did not know if those home will be one or two story structures. He stated that there are ways to break up back yard elevations by adding decks and landscaping, and if one were to drive around Mendota Heights he would see that it is very common to have elevation differences in back yards. Councilmernber Smith pointed out that this is a new development and people there will have a choice of whether they want a house behind them so much higher in elevation. Mr. Heaver responded that the existing first four homes on Knollwood have the same situation - they were built as walk -outs. Councihnernber Huber responded that there is a much greater distance between houses, the new lots which would abut the Whitley home, for example, have very shallow back yards. Councilmember Smith asked if there is any way to address the issue to the comfort of the people who live adjacent to the proposed lots. Mr. Heaver stated that perhaps he could develop some type of landscaping plan to put a buffer on the two foot berm to break up the height of the homes and perhaps decks to break up the height of three story homes. He stated that he would anticipate that with walk -outs he will be building more one story homes than two story homes, and that perhaps he can limit some one story homes and some two story homes, but that is not fair to a buyer. He informed Council that he could work, with the city regarding restricting Lot 17 and 18 to one story homes so they do not have a two story impact, and he would be in favor of saying that Lots 17 and 18 and possibly Lot 1 would be one story structures with walk -outs as a compromise to address concerns of Cherry Hills residents. Councilmember Krebsbach stated that she is concerned about how the development fits into the neighborhood. She felt that a road which would go through would alter the larger neighborhood but perhaps the neighborhood would like it. She stated that Mr. Heaver Page No. 4428 June 6, 1995 built her home, which is on a slope, and that she has spoken to Mr. Heaver about taking out two lots but he indicated that removing two lots does not work financially. She that if Mr. Heaver could remove the lots he would. She expressed concern about water on Ivy Lane and stated that if the city does not want the road coming through, it should vacate the easement. She stated that she is concerned about Ivy Lane run -off and needs assurances that there will not be an appreciable increase in run off to Cherry Hills. Mr. Heaver responded that it is his understanding that some type of storm sewer system is going to be proposed for the Cherry Hills area in two or three years, as the area already has drainage problems. He suggested that perhaps now would be the golden opportunity to incorporate a system for Cherry Hills, and stated that if his project does not go through Cherry Hills will still need storm sewer to help with drainage problems. Mayor Mertensotto asked about creating a holding pond on one of the lots until such time as a storm sewer system comes into Cherry Hills to minimize drainage problems. Mr. Heaver responded that while he is not an engineer, if a holding pond would work out he could agree with it. Mr. Shopek stated that the storm sewer that currently exists cannot pick up any water from Lots 17 and 18 to the proposed Ivy Lane because the storm sewer is not deep enough. He further stated that the project as proposed is taking as much water as possible and directing it to Knollwood, and will reduce the water coming to Ivy Lane by at least 50 %. Mr. Heaver stated that he believes there are solutions to the problems but that the question is when should they be dealt with. He stated that the question is drainage and the solution is correcting a problem that already exists in the Cherry Hills area. He further stated that if a storm sewer system were to be constructed in the area it would eliminate the concerns. He pointed out that his engineering consultants have stated that the system designed for his project will reduce the drainage problem in the area. Mayor Mertensotto stated that Council cannot just order in a storm sewer project in Cherry Hills and pointed out that there have been no public hearings. Mr. Rapp stated that he can appreciate Council's wish to get to a solution but his caution is that the entire discussion has addressed Page No. 4429 June 6, 1995 some specific concerns which are primarily on matters of technical significance. He stated that Council has received a report from a traffic engineer addressing traffic concerns With respect to the issue raised regarding the differences in elevation from the old to new lots, he stated that the land slopes fifty feet from top to bottom and any homes people purchased how ever many years ago were certainly purchased with the expectation that this property would someday be developed. He stated that there is nothing Mr. Heaver can do about the fact that the land slopes, and pointed out that Mr. Shopek has pointed out repeatedly that the effect of the drainage improvements will reduce by 50% the existing drainage. He felt that if Council is really concerned about drainage, they should applaud the developer for reducing the problems the people already have. He stated that he has heard no objections from the city engineering staff or planner and if Council is going to pick on the project for questions relating to traffic, drainage and elevation of homes, it needs something that has a technical basis and not simply speculation. Mayor Mertensotto stated that Council is not talking about traffic congestion but rather sound traffic circulation, and informed Mr. Rapp that staff has prepared a proposed resolution to approve the project but in the event that consensus is to deny a resolution setting forth the findings will have to be adopted at a subsequent meeting. Couneilmeimber Huber moved to deny the application. Mayor Mertensotto seconded the motion. Ayes: 2 Nays: 3 Koch, Krebsbach, Smith Motion died for lack of majority. Councilmember Krebsbach stated that she is not an expert on traffic or drainage and her biggest concern is that the development fits within the neighborhood and in terms of the size of the lots as compare to adj oining properties. She stated that she has spoken to Mr. Heaver about making the lots abutting those on Knollwood the same widths, stating that the size of the lots on Knollwood and Cherry Hill Road appear to be bigger than those in the proposed development. She stated that she wants to make sure that the lots are large enough that when there are homes on them they appear as large as the existing. She further stated that no one wants to force the development on a neighborhood that is uncomfortable with it, so any accommodation that could be made would be appreciated. She asked if some kind of accommodation can be made so that a lot could come out if requested by the neighborhood if there were some assistance from the city. Page No. 4430 June 6, 1995 Mr. Heaver responded that at this point he would not rule that out but he has done some preliminary cost estimates and looked at grading, and he does not know what his costs are. With some assistance from the city perhaps, he stated, he could do something but he does not know what it would be. Councilmember Huber pointed out that no one made Mr. Heaver sign the deal for the property and if the numbers are not working out, that is the risk Mr. Heaver took when he went into the project. Councilmember Smith stated that she would be interested in addressing information about drainage corning from Ivy Lane onto the developed properties. She stated that she knows Council has been given a figure for the drainage reduction but that she would want to make sure there is a safeguard in place for creating ponding on one lot as a measure for seeing how the drainage patterns work, or some further assurance that it would not create a greater problem for drainage on Cherry Hill Road. Mr. Rapp responded that Councilmember Smith's concern has to do with storm drainage and also the elevation and Councilmember Krebsbach is concerned about width of homes as a compatibility issue. Councilmember Krebsbach responded that the distance between homes is a concern and that she is concerned that the housing pads will be larger than those on the drawings and those on the drawings are smaller than the existing homes. She stated that she would like some way to determine that when this is developed it is compatible with the two adjoining neighborhoods. Mayor Mertensotto called a recess at 11:07 p.m. The meeting was reconvened at 11:24 p.m. Mr. Heaver stated that he is asking for approval subject to the recommendations of the Park Commission regarding granting the easement and building the walkway as the park dedication. He stated that he will extend the storm sewer as far as physically possible from a drainage standpoint, and reduce Ivy Lane to 24 feet wide, as recommended by city staff. Regarding height restrictions, he stated that he will commit to Lot 17 and 18 to one story homes, which would minimize the potential three story impact to the homes abutting Cherry Hills, and will commit Lot 1 to one and one -half story, which would have a lower roof impact. With respect to width of the homes, he stated that some lots are wider than 100 feet, and Page No. 4431 June 6, 1995 setting a maximum the home width of 84 feet wide will create more open space between the homes. He stated that he will berm and landscape the lots adjoining the Cherry Hills Road properties. Councilmember Huber stated that there has been discussion about narrowing Ivy Lane but with a 7% grade, he did not know if that would be prudent. He stated that he understands and appreciates that Mr. Heaver is trying to find a solution but did not want other problems to be created. Public Works Director Danielson responded that if the roadway is 24 feet wide, there would be no parking on Ivy Lane. Mayor Mertensotto asked if Mr. Heaver will complete Ivy Lane to Cherry Hill Road, including curb and gutter, as part of the special assessment project for the development. Mr. Heaver responded that the suggestion makes sense, as this would give a little more control over drainage. Mayor Mertensotto asked why Mr. Heaver would only be limiting the three lots to lower profile homes when there are five residents that would be directly affected. Mr. Heaver responded that Lot 16 has more depth and on Lot 2, the home next to it is a two story home. He stated that he is not saying that the home on Lot 16 will not be a one story home but would like to have an option for two story. Responding to a question from Mayor Mertensotto about why the pedway camlot be built as part of the improvement project, Mr. Heaver stated that this is what he proposes and what was recommended by the Commission - granting an easement and the cost of building the walking path. Mayor Mertensotto felt that there should be a park contribution for each lot plus the dedication. Mr. Heaver responded that he is also offering additional landscaping on the berms and the entrance at Ivy Lane and that additional cost is for open space. Mayor Mertensotto stated that the berms are for protection against drainage problems and the only way to soften them is landscaping. Mr. Heaver responded that he is also adding landscaping down Ivy Lane and trees on the corner of the lots, which is several thousand Page No. 4432 June 6, 1995 dollars worth of added expense and the cost of the walkway is several thousands of dollars as well as the value of the easement. He stated that those costs will exceed the required park contribution for each of the lots. Councilmember Smith asked how high the retaining wall will be. Mr. Heaver responded that it will vary in height from two to four feet and will extend the slope out but will not increase the slope. Mayor Mertensotto pointed out that Council does not have documentation on what the proposed changes are and he did not want to get into a go/no -go situation. Mr. Heaver responded that there are no proposed changes, but rather that he is talking about putting conditions on the development. Mr. Rapp stated that Council has a videotape of the discussion and there is no dispute as to the specific conditions Mr. Heaver has just mentioned, but he would be happy to restate them in detail. He stated that there is a (ally submitted preliminary plat and a specific recommendation from the Park Commission as to park dedication and Mr. Heaver has suggested that he would be amenable to permitting additional conditions to be imposed by Council including extending the storm sewer down Ivy Lane, a reduction of Ivy Lane to 24 feet wide and extension of Ivy Lane to the right -of -way line of Cherry Hill Road, a deed restriction on all lots creating an 84 foot maximum home width and further restrictions for one story homes by deed restriction on Lots 17 and 18 and 1 1/2 story deed restriction on Lot 1, and further berming and landscaping in the area on the northwesterly lots abutting Cherry Hills property owners. With respect to berming, Councilmember Smith stated that there has been discussion about what the possibility of a property owner changing the berming in the fature. She asked if it is necessary to impose a restrictive covenant on those lots so that the property owners will know that nothing can be done to change the berms. Mr. McGinley responded that the berming and swales will be located within the public easement areas and while property owners retain the right to enjoy that easement area, they can not make changes. Mr. Rapp stated that a deed restriction would be repetitive since there would be an easement. Mr. McGinley stated that there will be easements in the areas where the berms and swales will be and they Page No. 4433 June 6, 1995 are crucial for maintaining the drainage, and all of those easements will be shown as permanent drainage and utility easements. Councilmember Smith asked whether they should also be recorded to say that the berms cannot be altered and that the city has the right to go in and correct any drainage problems. Administrator Lawell stated that the ability of the city to legally enforce that must be put together with notice to buyers that the situation exists. Attorney Rapp stated that deed restrictions will be fine. Mayor Mertensotto stated that there is no guarantee that with all of the conditions the development will turn out satisfactorily. He felt that it may be to the developer's benefit to delay action for two weeks and come back with a written proposal. He asked Mr. Heaver about the trees, and where trees will be cut. Mr. Heaver responded that the tree information can be submitted at the time of final plat approval. Mr. Rapp stated that there are not a lot of changes being made and that the developer seeks approval of the preliminary plat with a minimum number of limited conditions. He reiterated the conditions, and stated that if it is deemed necessary by the city, there will be an added deed restriction to prohibit home buyers from malting any changes in any way to the berms or swales. Councilmember Koch moved to approve the preliminary plat for Ivy Falls Second Addition based on the revised plans and the conditions stated. Councilmember K-ebsbach seconded the motion. Ayes: 3 Nays: 2 Mertensotto, Huber FIRE CODE Council acknowledged a memo from Fire Marshal Kaiser regarding a proposed Zoning Ordinance amendment relating to B and I Zoning District building construction materials. Discussion on the matter was tabled to June 20. PASTER REDEVELOPMENT Council aclalowledged a memo from Administrator Lawell regarding a request from the Mendota Mall Associates for tax increment assistance for proposed improvements to the Mendota Mall. Council also aclazowledged letters from Paster Enterprises, City Attorney Tom Hart and from the accountants for Mendota Plaza Associates along with a proposed contract for private Page No. 4434 June 6, 1995 development. Mr. Ed Paster and Mr. John Streeter were present for the discussion. City Attorney Hart informed Council that he has received a letter from the legal counsel for Mendota Plaza Associates regarding proposed changes in the indemnification provisions. He briefly reviewed the proposed changes for Council. Councilmember Huber stated that in past Council meeting discussions he has indicated that he does not agree with the use of TIF for the project and he cannot support approval. He stated that he has not talked to any residents who are in favor of it. Mayor Mertensotto pointed out that the city participation would be because of public safety concerns and for storm sewer improvements. Councilmember Koch moved to approve the Contract for Private Development and authorize the Mayor and City Clerk to execute the document on behalf of the city. Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Huber TRANSIT SERVICE Council acknowledged a memo from Administrator Lawell regarding Metropolitan Council Transit Operations consideration of elimination of Bus Route #29 in September. Council also acknowledged a "Rider Alert" from the MCTO announcing public hearings on the proposed route elimination, along with letters to and from Ms. Diane Berfelz and the Regional Transit Board and Metropolitan Council. Mayor Mertensotto stated that the official position the city wants to convey is that city residents are paying $450,000 in real estate taxes to the MCTO each year and presently have only two bus routes that serve the city. He stated that the city should let MCTO know that if there is any fiirther curtailment of transit service Council will ask the legislature for special legislation which would allow a levy reduction and still provide service to city residents. Councilmember Smith stated that the city is paying far to much for the service it receives and that she does not think Council should limit itself to consideration of special legislation only if the route 29 is eliminated. Administrator Lawell was directed to present the city's position to ' the MCTO and request the involvement of the city's Metropolitan Page No. 4435 June 6, 1995 Council representative to support preservation of route 29 and to address other inequities in the current system. CURFEW ORDINANCE Council acknowledged a memo from Police Chief Delmont along with a proposed curfew ordinance. Discussion on the matter was tabled to June 20. SPRINKLING PLAN Council acknowledged a memo from Engineer Mogan regarding VARIANCE REQUESTS requests for sprinkling plan variances from United Properties, Independent School District 197 and the city's park maintenance staff. Public Works Director Danielson reviewed the requests for Council. Councilmember Smith stated that she feels the requests are reasonable and if approval of them would not interfere with water levels she would have no objection. She stated that if approval is granted, Council would need the right to rescind the variances if needed. Mayor Mertensotto expressed concern that if variances are approved, people will begin to disregard the sprinkling schedule. Councilmember Krebsbach responded that she thinks most people are complying with the schedule but suggested that the schedule } should be again made available in the press as a reminder. Public Works Director Danielson informed Council that staff has the names and phone numbers of contact persons where variances are granted so that they be contacted if water gets low. Councilmember Krebsbach moved to grant variances from the adopted Modified Sprinkling Plan to allow sprinkling of the United Properties parcels, the Joint Venture Sports Complex, Sibley High School, Kensington and Mendalcota Parks athletic fields in accordance with the respective proposed sprinkling schedules submitted by the applicants. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TAX FORFEIT PARCELS Council acknowledged a memo from the City Clerk regarding the potential use of tax forfeited parcels for temporary ballfields. Discussion on the matter was tabled to June 20. COUNCIL COMMENTS Councilmember Smith stated that the AMM bulletin addressed committee appointments and suggested that someone from Council should be a representative on the transportation committee. Page No. 4436 June 6, 1995 Administrator Lawell informed Council that he will submit his name for transportation and that staff has also discussed city representation on the housing committee. Administrator Lawell informed Council that Mendakota Country Club has contacted him with respect to conducting a public fireworks display on July 4. Councilmembers indicated that they would have no objection to a display on July 4 but that fireworks displays should otherwise be held only in conjunction with civic activities. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:33 o'clock A.M. athleen M. Swanson City Cleric Iv"16W Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL June 6, 1995 Masonry Contractor License GMC Concrete Jim Gallagher Masonry Excavating Contractor License Valley -Rich Co., Inc. C&N Sewer & Water Inc. Fogerty Excavating Gas Piping Contractor License Apple Valley Eagan Appliance BVAC Contractors License Rapid Heating & A/C General Contractors License National Home Framers Inc. Grand Projects, Inc. Greystone Construction Company Patrick Votel Gary's Fence Co. Drywall Contractor License JBL Plastering One Quality Stucco Co. Tree Service & Removal Woodland Tree