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1994-12-06 Council minutesPage No. 4227 December 6, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 6, 1994 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, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch and Krebsbach. Councilmember Huber had notified the Council that he would be late. Councilmember Smith had notified the Council that she would be in attendance at the MASAC meeting and would be late. AGENDA ADOPTION Ayes: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 Councilmember Krebsbach moved adoption of the agenda for the meeting. Councilmember Koch seconded the motion. Councilmember Krebsbach moved approval of the minutes of the October 18 meeting with corrections. Councilmember Koch seconded the motion. Councilmember Krebsbach moved approval of the minutes of the November 9 Canvassing Board meeting with correction. Councilmember Koch seconded the motion. CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for November. b. Acknowledgment of the Fire Department monthly reports for October and November. c. Acknowledgment of the minutes of the November 22, 1994 Planning Commission meeting. 1 Page No. 4228 December 6, 1994 d. Approval of a request from Mn/DOT to extend the expiration date of temporary easement Parcel No. 371A, in consideration of $1,300 in compensation, and authorization for the Mayor and City Clerk to execute the temporary easement document. e. Acknowledgment of a memo from the Public Works Director regarding a private watermain agreement for the Lilywood development in Lilydale and authorization for execution of an "Addendum to Agreement" with the St. Paul Water Utility, along with direction to staff to be sure the city's surcharge is addressed and to work with Lilydale to establish a procedure for future connection requests. f. Adoption of Resolution No. 94-85, "RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES," and direction to staff to certify the resolution to the County Auditor. g. Approval of a Contract for Private Development with United Properties and authorizing the Mayor and City Clerk to sign the appropriate documents (PrimeNet TIF). h. Approval of a Contract for Private Development for General Purpose Tax Increment and authorization for its execution by the Mayor and City Clerk. (General Pump) Acknowledgment of the Treasurer's monthly report for November. j. Approval of the list of contractor licenses dated December 4,1994 and attached hereto. k. Approval of the list of claims dated December 4, 1994 and totaling $452,559.14. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 PUBLIC COMMENTS Mr. William Knaus asked questions about the city's bonded debt and the abatement of taxes on commercial property because of tax increment financing. HEARING - TRUTH IN Mayor Mertensotto, opened the meeting for the purpose of TAXATION conducting the annual Truth In Taxation hearing. Page No. 4229 December 6, 1994 Treasurer Shaughnessy informed Council and the audience on anticipated general fund revenues and expenditures, the proposed tax levy, and enterprise fund revenues and expenditures. He informed the audience that the 1995 levy and budget cannot be adopted this evening but will be considered for adoption on December 20. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved to close the hearing and call for a subsequent hearing on December 20 at 7:30 p.m. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 HEARING: FRIENDLY HILLS Mayor Mertensotto opened the meeting for the purpose of a public STREET RECONSTRUCTION hearing on proposed street improvements. Council acknowledged receipt of a feasibility report update from Civil Engineer Mogan. Council also acknowledged a letter from Rev. & Mrs. Donald Wilke, 2881 Aztec Lane, in support of the project, and a letter from Mr. Robert Weinzettel, 2126 Dodd Road, objecting to the inclusion of his property in the project. Public Works Director Danielson gave Council and the audience a history of the proposed project and reviewed each of the fifteen Friendly Hills Task Force findings. He explained that as the result of the task force report, some properties which were not originally included within the project area have been added because they drain to the area. Also, Pagel Road street and storm sewer improvements and Hazel Court street improvements have been included in order to take advantage of the economy of a large project. Mr. Danielson informed the audience that the proposed assessment for Friendly Hills and Pagel Road street and storm sewer is $2,700 per lot, and storm sewer (only) assessments are proposed to be $760 per lot. He informed the audience that senior citizens and low income property owners can request assessment deferments and explained that deferred assessments plus accrued interest become payable when a property is sold. Mr. Robert Weinzettel asked how property owners can challenge their assessments. Public Works Director Danielson responded that owners must give written notice to the city at the assessment hearing. Page No. 4230 December 6, 1994 Mr. Danielson reviewed income for the project, stating that one source of income is the inclusion of properties along Dodd Road which drain to the district and whose surface water contributes to the drainage problems. Those properties include the old fire station site, park property, and commercial and residential properties. He discussed surface water and ground water management, explaining that curb and gutter will help keep surface water from becoming ground water but it will not solve ground water problems. He stated that connections for sump pumps will be made available to assist with the ground water problems. Mr. Danielson stated that there was considerable task force discussion of traffic and speed on Decorah. He informed the audience that one thing that can be done is to install landscaping along the undeveloped portion of the street and to narrow that portion to 28 feet rather than the 33 foot width on the remainder of Decorah. He discussed several ways to reduce speeds, including painting a center line and edge lines and limiting parking to one side of the street. He informed the audience that the task force does not recommend realigning Decorah with Wagon Wheel. He stated that another goal of the project will be to lower the intersection of Pagel and Keokuk, depending on costs. Mayor Mertensotto stated that the task force recommendations appear to increase the quality of the project and reduce the costs. He stated that the city contribution on the proposed project, using infrastructure reserve, MSA funding and other sources, is anticipated to be between $750,000 and $900,000. He explained that this is the first project which was proposed under the street rehabilitation reconstruction policy and there will eventually be some bonded debt for future rehabilitation/reconstruction projects because all property owners will have to be treated the same. He stated that there may be some difficulty putting the funding package together. Mayor Mertensotto asked for questions and comments from the audience. Mr. Tom Weinzettel stated that when the task force was set up it was to be a cross - section of the neighborhood so that each neighborhood would be represented. He stated that the Dodd Road property owners were not represented on the task force and some time during the committee meetings they were arbitrarily included within the project area even though they had no chance for representation. He felt that this skews the report and that the task force over - stepped its bounds. Page No. 4231 December 6, 1994 Public Works Director Danielson responded that it is true that the properties were added during the task force studies, and this is the first time the property owners have heard the proposal. He stated that the properties on Dodd are only included in the storm sewer portion of the project and not the street portion. Mayor Mertensotto stated that there could not be too large a task force but the Dodd Road property owners should have been notified after the task force made its decision. He explained that the process is not skewed since the task force only makes a recommendation and Council must make the ultimate decision. Mr. Tom Weinzettel stated that he lives on Aztec and wants the street project but if the city is concerned about expanding the project because of run -off, the project could be expanded all the way to Delaware. Mr. Robert Weinzettel stated that none of the Dodd Road property owners were included on the committee and their rights were violated. He stated that the committee wants to reduce the assessments but should not pick on those who are not affected by the project. He further stated that he wants the city to show him where the water is coming from in his driveway. He stated that the project will upgrade the Friendly Hills properties but not the properties on Dodd Road, and that in 1992 the Council said the Dodd Road properties would be excluded from the project. Mrs. Laurita Weinzettel stated that about fifteen years ago Council tried to put in a drainage ditch in Friendly Hills. She informed Council that she has lived at her address for 44 years and the people in Friendly Hills bought their homes at the bottom of her hill. She felt that they should have known that water runs down hill and that they are benefited by the project but she will not be and every time Friendly Hills has a problem she is asked to pay for it. Public Works Director Danielson responded that staff can do some surveys and if the water does not drain to the area the properties can be excluded. Mayor Mertensotto asked how many properties were added. Public Works Director Danielson responded that eight residences and businesses along Dodd were added. He explained that to determine the storm water rate staff figured every home within the Page No. 4232 December 6, 1994 drainage district benefits the same, and the total cost was divided by the number of properties. Mr. John Maczko stated that he was a member of the task force and one of the issues that came up during the first feasibility hearing was the amount of surface water that was draining off the fire station property and the residences and businesses on Dodd. He further stated that when the task force was put together there was no intent to exclude anyone and when the matter came up everyone on the task force felt the park and fire station and businesses all need to pay their fair share but there can be no equity if everyone else pays but the residential property on Dodd does not. He stated that if everyone lived at the top of a hill there would never be a drainage problem. Mr. Mike Blake, also a task force member, stated that there is a pipe that runs from the ball field to Hokah that contributed a substantial amount of water as well as the fire station. The task force felt those properties should be included and that since the water from the residences on Dodd drains down the hill, the committee felt that everyone who contributes surface water to Friendly Hills should be included in the project. He explained that the original intent was the fire station and park should be included as well as the Friendly Hills Park. Mr. Maczko stated that the properties on South Plaza were not included because they received a storm sewer project several years ago and cannot be assessed twice for the same improvement. Ms. Renee Schmitt, 729 Mohican Court, stated that she has curb and gutter and storm sewer already and that it was paid for by Marvin Anderson when the Bridgeview Shores project was done. She asked why she is being assessed and stated that she has four neighbors who are in the Bridgeview Shores development and they are not being assessed. She did not feel she will benefit from additional curb and gutter. She stated that when the Bridgeview Shores project was done she was told she would not be assessed for that project. Public Works Director Danielson responded that Ms. Schmitt's lot is part of the Friendly Hills neighborhood and that it is proposed that the lot be assessed the same as her neighbors' lots. Engineer Mark Mogan informed Council that the Marvin Anderson development is excluded because they were assessed for storm sewer as part of the Bridgeview Shores development. Twenty lots in the development were assessed for storm sewer and Ms. Schmitt's Page No. 4233 December 6, 1994 lot was not. He did not think there are any storm sewer catch basins in front of her home but stated that he will check. Public Works Director Danielson explained that curb and gutter was extended to Ms. Schmitt's lot as part of the Bridgeview Shores project and she benefited from it but was not assessed. He stated that if the city does not assess for this, her lot would be the only property in the entire area around her lot which would not have been assessed for street and storm sewer. Ms. Schmitt responded that she will get nothing new out of the project and was told earlier that should would not be assessed for it. Mr. Bill Burke stated that whenever there is a rain storm lots of water comes down Decorah from the west. He asked where the water comes from and why that was not considered as part of the drainage area. He also asked about the width of Decorah. Public Works Director Danielson responded that Decorah is proposed to be 33 feet wide, the same as all the streets in the area. He explained that all of the other streets will have two driving lanes and two parking lanes on both sides but because Decorah is an MSA street, the state will not allow parking on both sides if it is only 33 feet wide. Mr. Blake pointed out that the task force wanted to keep Decorah the same width as the others to keep traffic from speeding up because there is perceived to be more room. He stated that on the 28 foot wide segment there would be no parking allowed on either side of the street. Mayor Mertensotto asked what a 38 foot width would do to the front yards on Decorah. Engineer Mogan responded that the city would have to take 2 1/2 feet of the front yard area on both sides of the street. Mr. Mike Coonan asked where the $1,000 reduction (from the first feasibility hearing) in the proposed assessment rate came from. Public Works Director Danielson stated that the task force did not do the detains on the money. He explained that the reason for the reduction was that all of the MSA contribution for Decorah was included in the financing - the prior policy stated that the city would not include all MSA funding. Also, staff re- estimated the project because of recent bids, the assessment area was expanded to include Page No. 4234 December 6, 1994 - properties which contribute storm water, including the park land, and the type of pipe proposed to be used for the project was changed from concrete to plastic. Mayor Mertensotto stated that some property owners will be able to install pipe from their homes to the storm sewer to drain their sump water if they desire. Councilmember Huber arrived at 9:15 p.m. Mr. Coonan stated that a big share of the water comes from T.H. 149 across the highway from Wagon Wheel Trail and from Mendakota Estates. Public Works Director Danielson stated that staff can contact the state to see if Mn/DOT will contribute to the costs. Mr. Edwards, property owner at the corner of Dodd and Decorah, stated that there is a culvert that brings the water down Wagon Wheel into his yard and there is no outlet. Public Works Director Danielson responded that staff will look into the matter. Mayor Mertensotto stated that there are eight properties on Dodd who have been included in the project and Council must resolve whether they should be included. He asked what can be eliminated in the project to reduce the costs by $800 for each of those properties. Engineer Mogan responded that the intake is proposed such that the commercial property can be redeveloped without additional storm sewer work outside the property line. He explained that this could be done when the property develops but that would disrupt the Friendly Hills properties again. Responding to a question from Councilmember Krebsbach, he stated that it is proposed that the commercial properties along Dodd be assessed at a higher rate than the residences, on an equivalent basis, to reflect the increased surface water they contribute. Mayor Mertensotto expressed concern over setting a precedent on use of MSA funds and asked what the excludable MSA costs are. Public Works Director Danielson responded that in this case MSA funds can be used to help write down the project costs, and that he Page No. 4235 December 6, 1994 does not know whether that establishes a pro rata assessment in the future. Mayor Mertensotto stated that what is proposed obviously represents a change in the street rehabilitation policy that Council needs to look at. He stated that the proposed cost to the city is almost $1 million and that will come from tax dollars. He pointed out that this is just the first project under the policy and he is concerned about setting a precedent, and when the infrastructure reserve funds are gone the city will have to levy. Mr. Maczko stated that the task force discussed and had a strong consensus that $2,300 to $2,500 was the range of benefit to the properties. He stated that MSA funding offsets the negative impacts to the neighborhood for having a MSA street. He suggested that the storm water utility be used to assist in financing. Treasurer Shaughnessy explained that the storm water utility was intended for infrastructure rather than neighborhood water problems. He informed Council that the Ivy Falls Creek project cost $850,000 rather than the $1.2 million that had originally been estimated. Mr. Roger Plath stated that there are two areas of discussion. He stated that the water in the Edwards yard is coming from the Wagon Wheel area. He asked if the Wagon Wheel area should be included now and felt that they should have been included in the beginning. He stated that the water coming down Decorah and on Pontiac is what started the problem and the erosion on the streets and the Decorah/Wagon Wheel water problem has not been addressed. He stated that the speed on Decorah is terrible and while he thinks the project is excellent something must be done to slow the traffic down. He suggested a stop sign at Decorah and Apache to make it inconvenient for people to use Decorah or speed on it. Mayor Mertensotto asked Mr. James Losleben if those on Pagel Road and Hazel Court are in favor of the project. Mr. Losleben responded that he wants the project and believes his neighbors do as well. He asked what the plan is for Pagel Road and if there is any plan to continue the Bridgeview Shores walkway along Pagel to Dodd. Public Works Director Danielson responded that Pagel is proposed to be curbed so that the entire project will look the same. With respect to the walkway, he stated that it was decided by the task Page No. 4236 December 6, 1994 force that sidewalks were not part of their charge. He pointed out that sidewalks are always controversial. Mr. Losleben requested that the intersection of Pagel and Keokuk be considerably reduced in height. He stated that all three streets that intersect go up hill. Engineer Mogan stated that there are some utilities that may be impacted if the grade is reduced and he does not know how deeply the grade can be cut. He stated that he believes it can be reduced four feet without much impact. Mayor Mertensotto agreed that the intersection grade should be reduced as much as possible. Mr. William Simek stated that he would like the city to think about the trash trucks in the area. He stated that he had the misfortune of having one owned by someone who lived in the neighborhood and now there are several haulers picking up trash in the neighborhood. He stated that he is trying to get the neighborhood to use just one hauler if possible because the trucks take a terrible toll on the road. He stated that he believes it would be beneficial for the neighborhood to bid for the service, and asked if the city would consider taking bids if the neighborhoods could get together. Mayor Mertensotto responded that the suggestion would take a great deal of study. He informed the audience that the proposed project is a city - initiated project which requires a four -fifths vote of Council, so action cannot be taken this evening. He stated that he feels Council will have to take a strong look at committing $900,000 of city funding, should also look at whether the properties on Dodd should be assessed and should get information on the water which is coming from Wagon Wheel. He stated that Council should consider how much money the city may be able to pick up via the storm water utility fund, even though he realizes it was not intended for this purpose. Councilmember Krebsbach stated that she is interested in the commercial properties on Dodd making a contribution and asked if all the residential properties need to be assessed as well. She asked if there is some way those properties can be removed from the project. She stated that she supports the project and commended the neighborhood, the task force and city staff. Mayor Mertensotto stated that he is sure there is not 100% neighborhood agreement but the task force has done a great job. He Page No. 4237 December 6, 1994 further stated that he supports the project and hopes design can begin in the spring but Council must take a closer look at funding. He informed the audience that Council will ask staff to report on projections for what kind of precedent would be set for future projects. Councilmember Koch stated that she has always believed something must be done and that the task force has done a good job of reaching its goal of finding something everyone in the neighborhood can live with. She stated that she is in favor of the project but is concerned about funding. Staff was directed to keep the Dodd Road property owners informed. RECESS Mayor Mertensotto called a recess at 10:08 p.m. The meeting was reconvened at 10:22 p.m. BROOKFIELD LANE Council acknowledged a report from Public Works Director CONDEMNATION regarding condemnation of an access easement over Brookfield Lane along with a letter from Mr. Les Achman notifying Council of the Kensington Manor Home Association vote with respect to granting access. Council also acknowledged an appraisal of the value of proposed driveway easements over Brookfield Lane prepared by Blake Davis. Mr. Bill Lentsch was present for the discussion and informed Council that he was aware of the association's action and the appraisal value. Mayor Mertensotto stated that the representatives of the Manor Home Association have stated that the matter is out of their hands because the association members have refused to grant the easements, therefore the city must proceed with condemnation. He explained that the association board cannot grant a private easement without approval of the membership and thus the board has advised the city to proceed with the condemnation. Councilmember Krebsbach moved to find that the condemnation proceeding is for a public purpose to provide access to an otherwise landlocked parcel and to adopt Resolution No. 94 -87, "RESOLUTION DIRECTING THE ACQUISITION BY CONDEMNATION OF CERTAIN STREET EASEMENTS IN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, and to authorize the City Attorney to take the steps necessary to proceed with condemning driveway access for Outlot B of the Mendota Woods Addition. Page No. 4238 December 6, 1994 Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 94-35, LEE Council acknowledged an application from Dr. Barbara Lee for sign setback variance, along with associated memos from Administrative Assistant Batchelder and the City Planner. Dr. Barbara Lee summarized her request for a new sign for her dental office located at 780 South Plaza Drive. She explained that if the sign were setback in accordance with the ordinance, it could not be seen because of existing landscaping. She stated that she would like to have the sign outside the property line, closer to the curb. Dr. Lee informed Council that she is aware of the five conditions recommended by the Planning Commission and stated that she would prefer not to agree to the condition which would require the sign lighting to be turned off one half hour after the close of business each day and the condition that a minimal level of illumination intensity be used. She stated that all of the other businesses on South Plaza leave their lights on at night - Holly Homes lights are on all night as are the lights at the shopping center and McDonalds. Dr. Lee stated that the requirement over the level of illumination is open to interpretation and should be based on something measurable. She informed Council that she was not present at the commission meeting and did not anticipate problems. She stated that the commission recommended that the sign be 22 feet from the curb which would put it behind a row of existing pine trees where it could not be seen, and she is trying to avoid removing any trees. Administrative Assistant Batchelder stated that the Planning Commission recommended a 20 foot setback variance to allow the sign to be placed ten feet from the property line. Mayor Mertensotto suggested that the application be referred back to the Planning Commission for clarification of its recommendations. Mr. Bob Sherlock, representing SignArt, stated that the Planning Commission was adamant about the five recommended conditions. He stated that his basic concern is that one of the members brought up the illumination of the sign and the proximity to the street as the biggest factors but the ten residents closest to the property had no objections. He explained that the sign is internally illuminated, but only the lettering will be lit - the background will not. He stated that the Planning Commission had recommended that all existing signs be removed and Dr. Lee has agreed to the condition. Page No. 4239 December 6, 1994 Mayor Mertensotto stated that there is no standard on minimum illumination and a standard should be established. He informed Mr. Sherlock that the Council and Planning Commission are very strict about signage. Responding to a Council question, Dr. Lee informed Council on her hours of operation. She stated that it would be nice to have visibility of the sign for those who pass by to go to the bank at night. She informed Council that she would not be available to attend the December Planning Commission meeting. She stated that there is no point in going to the expense of a sign if it is not going to be visible and further stated that the sign is for new patients. Dr. Lee asked if an illuminated roof sign, like those at Holly Homes and the day care center, would be more acceptable. Councilmember Krebsbach stated that there is much sign clutter along South Plaza and the commission was likely trying to minimize the clutter. She informed Dr. Lee that Mendota Heights is a very quiet community in terms of evening lighting. Councilmember Koch stated that in reading the Planning Commission minutes it appears that they wanted to accommodate the request and they felt the recommendation, with the five conditions, was the best they could do. She did not think that any purpose would be served by sending the application back to the comrmssion. Responding to a Council question on which of the five requirements she could meet, Dr. Lee responded that she will remove all signage (condition 5) and the condition that redevelopment or intensification of the use will require all signage to meet city setbacks (condition 4), and that she will accept the condition on reduction in the height and width of the sign (condition 2). She stated that she is not happy with the first condition (illumination to be turned off half an hour after close of business), the recommended setback, and the condition about minimal level of illumination intensity since the minimum level of illumination is undefined. She suggested a compromise to allow her to keep the sign illuminated until 10 p.m. Administrative Assistant Batchelder informed Council that at the Planning Commission meeting, Commissioner Tilsen raised the issue of the intensity of the illumination. He explained that Mr. Tilsen lives near the Country Day School and its illuminated light is on all night and is extremely bright. Mr. Batchelder informed Council that in residential districts the ordinance states that lights cannot be cast off the property but that there is no standard for Page No. 4240 December 6, 1994 business districts. He stated that the Planning Commission has asked staff to draft a proposed amendment to the zoning ordinance which would define a standard that is a low intensity. He stated that the Planning Commission was concerned that the sign would be used to advertise to cars on Dodd Road rather than to identify the business, and they did not want the sign on all night. Dr. Lee's husband stated that if the sign is located at the 20 foot setback it would be invisible from the east and west. Regarding illumination, he stated that it would be better if Council just picked a time of day when the illumination should be turned off rather than saying it must be off half an hour after the close of business. Dr. Lee stated that she agrees to all of the Planning Commission's conditions except those relating to illumination and setback. She stated that the sign probably will not be installed until spring because underground electrical work must be done. Mayor Mertensotto stated that the application was not properly addressed to the Planning Commission and the applicant did not request a specific location for the sign. He suggested that the applicant return to the Planning Commission and specify her parameters. Councilmember Huber stated that he would like to see Dr. Lee make a specific proposal to the commission, taking into account the existing trees and placing the sign at 18 feet. The application for variance was referred back to the Planning Commission for consideration at its January meeting. CASE NO. 94 -37, Council acknowledged an application from Mr. Art Werthauser for WERTHAUSER conditional use permit for filling at 1020 Sibley Memorial Highway, along with an association report from the Public Works Director. Mr. Werthauser stated that the Planning Commission unanimously recommended that the conditional permit be approved subject to four conditions which he has agreed to meet. He informed Council that he had offered to do some work on the Moore property but Mr. Moore refused to grant him a right of entry, so the Planning Commission directed him to do whatever is possible on his property to direct drainage away from the Moore property. After brief discussion, Councilmember Koch moved to approve the Planning Commission recommendation and adopt Resolution No. Page No. 4241 December 6, 1994 94 -88, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION FOR 1020 SIBLEY MEMORIAL HIGHWAY." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 94 -32, HEAVER Mr. Keith Heaver, representing Heaver Design and Construction, was present for continued discussion on his application for the division and combination of three lots in the North Ivy Hills Second Addition. Council acknowledged a report from Administrative Assistant Batchelder. Council also acknowledged receipt of surveys of the new parcels (A, B and C) prepared by Jim R. Hill, Inc. Council also acknowledged ownership and encumbrance reports on the lots. Mr. Heaver explained that he proposes to divide the east ten feet from Lot 1 and combine it with Lot 2, and divide a "Y" shaped portion of the easterly side of Lot 2 and combine it with Lot 3. Mayor Mertensotto asked if the division/combination will allow Parcel A to be satisfactory for construction of a home commensurate with the other homes in the subdivision without the need for any variances. Councilmember Huber stated that any subsequent owner of the parcel would have to agree not to request any variances on the basis that Mr. Heaver created a hardship. Mr. Heaver responded that no future variances will be needed for the parcel. He stated that a typical lot in Mendota Heights is 100 feet wide which would allow a maximum house width of 80 feet, and this lot would support a 100 foot wide home at the 30 foot setback line. Mayor Mertensotto asked if Mr. Heaver is willing to grant the city drainage and utility easements. Public Works Director Danielson informed Council that Mr. Heaver has executed easement documents, which had been prepared by city staff, for Lots 1 and 2. Mayor Mertensotto pointed out that there is a new five foot easement on the west property line of Lot 3 but the property owner, Mr. Salmen, has not signed an easement document. Ayes: 4 Nays: 0 Page No. 4242 December 6, 1994 Mr. Heaver informed Council that he has to transfer a deed for the new Lot 3 to Mr. Salmen and he will have Mr. Salmen sign the easement document at that time. He explained that Mr. Salmen is aware that an easement is required and is willing to grant it. Attorney Hart stated that the action which is necessary is not just lot subdivision, but also is lot combination. He stated that the proposed resolutions to approve the requested action must be revised to add "combination" wherever lot division is addressed. Mayor Mertensotto expressed concern that the resolutions be recorded at the County so that future buyers of the lots know the history. He advised Mr. Heaver that he should do all of the document recording at the county at his expense and show proof of recording to the city. Mayor Mertensotto stated that approval of the division/combinations should be conditioned that the city receive a signed easement document joined in by the owner of Lot 3 as well as Heaver Design and Construction and further that the lot split documents and survey would be recorded at the applicant's expense and show proof of the easement recording to the city in the form of a receipt from the County Auditor. Councilmember Koch moved adoption of Resolution No. 94 -89, "A RESOLUTION APPROVING A LOT DIVISION AND COMBINATION FOR LOTS 2 AND 3, NORTH IVY HILLS SECOND ADDITION," and Resolution No. 94 -90, "A RESOLUTION APPROVING A LOT DIVISION AND COMBINATION FOR LOTS 1 AND 2, NORTH IVY HILLS SECOND ADDITION," amended to show the combination of properties after the lot split, conditioned that Heaver Construction show proof of documents to the city where he has granted easements along all the property lines and entered into by Mr. T. Jay Salmen (owner of Lot 3). Councilmember Krebsbach seconded the motion. Councilmember Smith arrived at 11:08 p.m. HEARING: EASEMENT Mayor Mertensotto opened the meeting for the purpose of a public VACATION hearing on application from Mr. Keith Heaver for the vacation of drainage and utility easements over portions of Lot 2 and 3, Block 1, North Ivy Hills Addition. Mayor Mertensotto asked for questions and comments from the audience. Page No. 4243 December 6, 1994 There being no questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 94- 91, "RESOLUTION APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA MEADOWS Council acknowledged a memo and draft purchase agreement from Administrator Lawell relative to acquisition of Outlot B of the proposed Mendota Meadows plat. Administrator Lawell informed Council that the purchase agreement is timed such that the Mendota Meadows plat will have received Council action before the closing date. He also informed Council that Mr. Putnam has agreed to the representations regarding environmental laws. Councilmember Smith suggested that there should be a representation in the purchase agreement that there is no well on the property. City Attorney Hart suggested a number of changes to the agreement and stated that Council should decide if it wants to get title insurance. He stated that the city should try to get more than seven days to make a decision on title insurance. After discussion, Councilmember Koch moved to authorize the purchase of Outlot B, containing approximately 1.34 acres, more or less, as proposed in the plat of Mendota Meadows and to authorize the Mayor and City Clerk to execute the purchase agreement as amended: to add that the seller warrants there are no wells on the property; to add a section 5.03 to require the seller to provide a warranty deed in recordable form and pay all state deed tax and conservation fees; to revise 2.3 to add "or risk of liability as determined by the buyer;" to change 7 days to 10 days in Article 3 for examination of title; and to add the word "none" after exceptions in Article 3(a). Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ORDINANCE REVISIONS Council acknowledged a memo from Administrative Assistant Batchelder regarding prioritizing consideration of ordinance Page No. 4244 December 6, 1994 revisions. The consensus of Council was that the tree preservation ordinance is the top priority, followed by athletic stadiums critical area ordinance and detached garages in the R-1 District. 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: 11:48 o'clock P.M. ATTEST: r. Charles E. Mertensotto Mayor Kathleen M. Swangon City Clerk