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1993-12-21 Council minutesPage No. 3870 December 21, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 21, 1993 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 Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the December 7, 1993 regular meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the December 8, 1993 Airport Relations Commission meeting. b. Acknowledgment of receipt of information from Continental Cablevision regarding line extensions to remote neighborhoods. c. Acknowledgment of the Public Works monthly report for November. d. Adoption of Resolution No. 93-82, "RESOLUTION SUPPORTING THE DAKOTA COUNTY WATER RESOURCES EDUCATION PLAN." e. Approval of issuance of a building permit to Paster Enterprises to finish tenant space for Dr. Paul Wilde in the Mendota Plaza Shopping Center. Page No. 3871 December 21, 1993 f. Adoption of Resolution No. 93 -83, "RESOLUTION APPROVING FINAL PLAT FOR NORTHLAND DRIVE ADDITION." g. Acknowledgment of the Treasurer's monthly report for November. h. Acknowledgment of receipt of the minutes of the November 3, 1993 NDC -4 meeting. i. Authorization for the appointment of Chris Arlandson as a temporary engineering aide for 15 to 20 hours per week, at a salary of $9.00 per hour. j. Approval of the issuance of a sign permit to Lawrence Sign, Inc., for installation of a sign and logo for Great River Systems in the sign banner at 1370 Mendota Heights Road, in accordance with the drawing presented to Council. k. Authorization for the purchase of two 1994 Chevrolet Caprice marked squad cars from Polar Chevrolet for a total price of j $27,736.00. 1. Adoption of Resolution No. 93 -84, "RESOLUTION ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT." m. Adoption of Resolution No. 93 -85, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON ORGANIZED EMPLOYEES to reflect a three percent adjustment for 1993," and Resolution No. 93 -86, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1993 AND ESTABLISHING CERTAIN OTHER BENEFITS." n. Acknowledgment of a memo from the Fire Chief regarding the purchase of furniture for the Fire Station and a donation from the Divine Redeemer Ambulance Service, and authorization for a maximum expenditure of $4,000 for carpeting and furniture, as budgeted, until such time as the donation is received and acknowledged by Council. o. Adoption of Resolution No. 93 -87, "A RESOLUTION SUPPORTING DAKOTA COUNTY'S EFFORT TO SECURE STATE BONDING AUTHORITY Page No. 3872 December 21, 1993 FOR THE CONSTRUCTION OF A JUVENILE DETENTION AND TREATMENT FACILITY IN DAKOTA COUNTY." p. Acknowledgment of a $100 donation from Dr. Tom Koepke to the Parks and Recreation Department and authorization for the Mayor to execute a letter of appreciation. q. Acknowledgment of the Fire Department monthly report for November. r. Approval of the list of claims dated December 21, 1993 and totaling $207,550.11. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93 -25, DEEB Council acknowledged a memo from Administra- tive Assistant Batchelder regarding continued discussion on an application from Mr. Gerald Deeb for conditional use permit and wetlands permit to allow construction of a 988 square foot detached garage at 1780 Dodd Road. Mayor Mertensotto informed Mr. Deeb that Council would like to limit the size of detached garages to 700 square feet and does not want to establish a precedent for 1,000 square foot detached garages. He suggested that Council would perhaps consider approving a garage of that size and allowing Mr. Deeb to retain his existing tuck -under garage. He explained that Council does not want a proliferation of large detached garages, like the one requested by Mr. Deeb, in the community. He stated that Council does not believe that it owes everyone storage for boats, snowmobiles, etc. Mr. Deeb responded that the door on his tuck - under garage is only six and a half foot in height and he can't get his truck into it. He stated that he would prefer not to have two garages, and that he wants to turn the existing garage into a workshop. He informed Council that he has tried to scale the proposed garage down to 900 square feet, and thought about building an "L" shaped structure but that was very costly. He also considered reducing the space between the doors, but this would not leave enough room to get in and out Page No. 3873 December 21, 1993 of vehicles. Mr. Deeb stated that he does not want multiple buildings on his lot and is trying to get all of his garage space into one building. He stated that he does not know how people will be able to tell the difference between a 988 square foot garage and a 724 square foot building. Councilmember Krebsbach asked why the wetlands permit was not an issue before the Planning Commission. Mayor Mertensotto responded that there was some realignment of the creek in the past which impacted the Deeb lot and that the prior owner of Mr. Deeb's lot consented to the realignment. Mr. Deeb stated that he likes the creek where it is but that the city should have granted a wetlands permit at the time it was moved to bring the home into compliance. He asked that Council grant a blanket wetlands permit so that he does not have to ask for a wetlands permit every time he wants to do something on his lot. Councilmember Krebsbach felt that Council is putting more of its energy into the sizing of the garage and losing sight of the fact that Mr. Deeb is proposing to build within 100 feet of the wetland. She felt that the building would be too close to the wetland. Councilmember Smith suggested that Council determine that granting a wetlands permit to allow a detached garage for Mr. Deeb 25 feet from the property line and 36 feet from the center of the creek would be an unusual situation. She pointed out that Council generally does not grant permits closer than 50 feet from a wetland. Councilmember Krebsbach stated that she would have much more sympathy for Mr. Deeb's position on the wetland setback if he owned the property at the time the creek was moved. She pointed out that Mr. Deeb purchased the property after the creek was relocated. Mayor Mertensotto stated that the detached garage recently approved by Council on Knob Road was 728 square feet, and suggested that Mr. Deeb construct a 24 by 30 foot structure. Page No. 3874 December 21, 1993 Mr. Deeb responded that the size proposed by the Mayor would be a two car garage. Councilmember Krebsbach stated that Council has gotten too involved in what Mr. Deeb wants to store in the structure and that the focus should be the wetlands setback and what is an appropriate size for a detached building. She suggested that Council allow a 780 square foot structure. Mr. Deeb responded that he needs 900 square feet and would rather go to court than take less. He felt that he has done all he can do, and pointed out that the city's ordinance allows detached garages of 450 to 1,000 square feet. Councilmember Koch stated that she feels this is a unique case and while she agrees that Council may be getting too involved in the matter, Council cannot lose sight of Mr. Deeb's rights. She stated that asking Mr. Deeb to reduce the structure to 728 square feet is too much of a concession to ask and that she would be willing to grant a larger size garage, although not as large as 1,000 square feet. She also felt that Council has some latitude since the ordinance allows up to 1,000 square feet. City Attorney Hart stated that the reference to 1,000 square feet is in the conditional use section of the Zoning Ordinance. He explained that the size is not an entitlement but rather a maximum, and Council should be focusing on how this particular structure would fit on the property and how it would impact the property and visibility from the road. He further stated that based on those conclusions, Council should scale the structure down if it finds that the structure would be too large. Mr. Deeb asked if one garage should be judged on the same basis as another, and stated that he believes he has justified more than 728 square feet. Attorney Hart responded that if there are common characteristics between the Deeb property and others, Council should make comparisons. Page No. 3875 December 21, 1993 Mr. Deeb stated that his neighbors are not complaining about the request and that none of the thirty property owners on his abstractor's certificate will see the structure. He felt that it is a totally different situation from the one on Knob Road. Mayor Mertensotto stated that all of the Council members have looked at the Deeb property. He further stated that the Council knows where the wetland area is and is aware that Mr. Deeb bought the property after the creek was moved. He explained that Council knows that Mr. Deeb is willing to restrict the height of the structure and that he has stated that he plans to permanently close off the tuck -under garage. Mr. Deeb stated that he has submitted plans for the tuck -under which show a set of double French doors, three feet wide each, to open into his shop area. He explained that this will be the only access to the shop. Councilmember Smith asked about the proposed height. Mr. Deeb explained that the city's j building inspector uses the mean - one -half the distance from the soffit to the ridge cannot exceed fifteen feet. He stated that the garage would be approximately 12 feet below the living level of the house, and the roof pitch, 4:12, is the same as the house. The total height of the garage will be 15 feet 6 inches from the floor to the peak of the roof. Councilmember Krebsbach stated that she would agree to a 780 square foot structure and wetlands permit and allowing Mr. Deeb to retain the tuck - under. Mr. Deeb stated that he would not accept Councilmember Krebsbach's recommendation. Councilmember Smith asked about the size of the doors, stating that she feels 9 foot wide doors are larger than the standard. Mr. Deeb responded that 9 foot wide and 7 foot tall doors are standard, and that he proposes three eight foot high doors so that he can get his boat in the garage. He stated that he will take his chances in court if a 780 square foot structure is approved. Page No. 3876 December 21, 1993 Councilmember Koch stated that Council should look at how the structure would impact the lot and the neighborhood and where it will be located on the lot. She felt that in this case it would not impact the neighborhood if extra landscaping is added, and stated that she would be inclined to grant a wetlands permit and a conditional use permit for 980 square feet. Mayor Mertensotto pointed out that the lot is zoned R-1 and is a single family lot, and that this is not an isolated situation. He stated that the lot is in a residential area and detached garages as large as Mr. Deeb has requested are much too large for single family residential properties. Councilmember Krebsbach stated that the location of the proposed garage will be a similar distance from Dodd Road as adjacent properties. She pointed out that the super block is being developed, which may be to Mr. Deeb's advantage in the future if he wishes to subdivide his property. She stated that the Deeb lot is visible from Marie and Dodd during the winter and the proposed structure will be visible. She stated that she believes that the garage as proposed by Mr. Deeb would be the largest detached garage in the city and pointed out that if 780 square feet is approved Council would also allow the tuck under garage to remain. Councilmember Krebsbach felt that because of the winter visibility from the road and the proximity of the proposed structure to the wetlands and the impact of the size of the structure on the wetlands, it should be limited to 780 square feet in size. Councilmember Smith asked for a clarification of the proposed distance of the garage from the house and the wetlands, stating that the size being considered by Council is 780 square feet, which would be 30 by 26 feet. Councilmember Huber stated that the dimensions can vary as long as the square footage is no more than 780 square feet. Councilmember Krebsbach responded that Mr. Deeb has stated at a prior meeting that he needs 30 feet of depth for his boat, and that 780 square feet gives him that option. Page No. 3877 December 21, 1993 Mr. Deeb stated that he needs 980 square feet. Councilmember Huber responded that Council does not have to allow Mr. Deeb to build a garage to accommodate the largest item he can buy. He explained that, as an example, Council would not allow a forty foot garage for someone who owns a semi truck. He stated that the point is that just because Mr. Deeb owns a large object to store is not a compelling reason to approve a building of the requested size to store it in. Mr. Deeb asked what would happen if he just built the 980 square foot structure and did not come before Council. He stated that he has seen where people have done projects before they came to the city but he came before the Planning commission and council before doing any construction. Based on the findings of visibility from the road, impact on the wetlands, and neighborhood compatibility Councilmember Krebsbach moved adoption of Resolution No. 93-88, "A RESOLUTION APPROVING A WETLANDS PERMIT AND A CONDITIONAL USE PERMIT FOR 1780 DODD ROAD TO ALLOW CONSTRUCTION OF A DETACHED GARAGE," revised to limit the size to no greater than 780 square feet, and to allow retention of the existing tuck-under garage as additional garage space, along with approval of a wetlands permit to allow the structure to be 36 feet from the wetlands and 25 feet from the south property line, with the additional conditions that the roof height be no greater than 15 feet, 6 inches from floor to peak, and that the building materials and color match the existing house. Mayor Mertensotto seconded the motion. Ayes: 4 Nays: 1 Koch NORTHLAND INSURANCE Mr. Dale Glowa, from United Properties, was TAX INCREMENT FINANCING present to request approval of a revised proposed agreement for tax increment financing for the Northland Insurance project. Mayor Mertensotto stated that he believes the issue is pretty well isolated down to whether a compromise on certifiable items for write- downs has been reached. He further stated that Exhibit E-1 of the agreement shows Page No. 3878 December 21, 1993 $2,545,690 in site improvement costs and that the city can exercise an option for $1,230,000 for pay-as-you go TIF out of the $2.5 million. He explained that if Council chooses not to use the land write-down, there will still be $2.1 million in qualified costs. Administrator Lawell stated that the agreement provides a list of costs eligible for reimbursement: Exhibit E-1 includes land, and Exhibit E-2 lists the costs the city will reimburse, which does not include land. Attorney Hart informed Council that by the agreement, the city will not reimburse any item in Exhibit E-1 which is not included in Exhibit E-2. Councilmember Smith stated that the agreement presented this evening meets the conditions she requested at the last discussion on the matter. Councilmember "Contract for city and the its execution Councilmember Ayes: 5 Nays: 0 Smith moved to approve the Private Development" between the lorthland Company, and authorized by the Mayor and City Clerk. Koch seconded the motion. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:55 o'clock P.M. K'athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor