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1994-07-05 Council minutesPage No. 4077 July 5, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 5, 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. Acting Mayor Smith called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Smith, Councilmembers Huber and Krebsbach. Mayor Mertensotto and Councilmember Koch had notified the Council that they would be absent. AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the June 7,1994 regular meeting with correction. Councilmember Huber seconded the motion. Ayes:3 Nays: 0 Approval of the minutes of the June 21, 1994 meeting was tabled to July 19. CONSENT CALENDAR Councilmember Huber 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 June 16, 1994 Joint City Council/Airport Relations Commission workshop. b. Acknowledgment of the minutes of the June 28, 1994 Planning Commission meeting. Acknowledgment of the Code Enforcement monthly report for June. d. Acknowledgment of the unapproved minutes of the June 15, 1994 NDC -4 meeting. e. Authorization for the issuance of a building permit to Metro II for a new exit and sidewalk at its facility at 1300 Mendota Heights Road. Page No. 4078 July 5, 1994 f. Authorization for the purchase of six Motorola pagers for the Fire Department from Communications Auditors for its low quote of $2,964.96. g. Acknowledgment of the specifications for a standby generator system for the fire station and authorization for the Fire Department to solicit bids. h. Adoption of Resolution No. 94 -4Z,' "RESOLUTION AUTHORIZING THE CITY OF MENDOTA HEIGHTS TO ENTER INTO AGREEMENT NO. 72098 REGARDING THE PAYMENT OF THE STATE OF MINNESOTA'S SHARE OF IMPROVEMENTS ADJACENT TO I -35E AND MARIE AVENUE." i. Approval of the list of contractor licenses dated July 5, 1994 and attached hereto. j. Approval of the list of claims dated July 5, 1994 and totaling $295,637.90. Councilmember Krebsbach seconded the motion. Ayes:3 Nays: 0 SLURRY SEAL BID AWARD Council acknowledged a memo from Civil Engineer Shawn Sanders recommending the award of bid for the 1994 street and pedestrian trail slurry seal project. Councilmember Huber moved to award the 1994 slurry seal contract to Struck & Irwin, Inc., for $48,750.00. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CASE NO. 94 -13, NISITA Council acknowledged an application for wetlands permit from Mr. & Mrs. Richard Nisita, to allow construction of a four season porch addition to within sixty five feet of Ivy Falls Creek at 676 Maple Park Drive. Council also acknowledged associated reports from Administrative Assistant Batchelder and the City Planner, a letter from the Nisitas' architect, John Yust, regarding the revised plan dated June 30, 1994, signatures of consent from neighboring property owners, and a letter from the construction contractor, Authentic Construction, regarding erosion control, creek setback and landscaping. Mrs. Nisita, present for the discussion, informed Council that she and her husband are very concerned that none of existing mature trees on their property be impacted by construction of the porch and Page No. 4079 July 5, 1994 that they plan to retain the look of the woods as it exists today. She explained that much of the area where the porch would be constructed is currently concrete patio. Mrs. Nisita informed Council that an erosion barrier will be installed during construction and after construction the yard will be landscaped to restrict surface water from running into the creek. A catch basin will be added to drain surface water to the west if Council wishes. She informed Council that the addition will have the same exterior treatment as the rest of the house, including brick on the wing wall and the same windows, so that the addition will look like it was part of the original structure. Responding to a Council question, Assistant Batchelder stated that the wetlands setback is measured from the center of the creek, as is required by ordinance. Acting Mayor Smith pointed out that there is construction going on in the creek at this time as part of a public improvement project, and asked for confirmation that the steep slopes going down to the creek from the subject property are being stabilized as part of the city project. Administrator Lawell distributed detail drawings of the creek project, informing Council that gabion drop structures will be installed adjacent to the Nisita property to help stabilize the bank along the property. Councilmember Krebsbach moved to approve a wetlands permit to allow the construction of a four season porch 65 feet from the center of Ivy Falls Creek at 646 Maple Park Drive as proposed on revised site plans dated June 29, 1994 and on file in the city offices. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CASE NO. 94 -15, MAY Council acknowledged a letter of intent and application from David May, 987 Delaware Avenue, for a fence height to allow installation of a 48 inch fence on his through lot, ten feet from the rear property line that fronts on Chippewa Avenue. Council also acknowledged associated reports from the Administrative Assistant and City Planner, along with signatures of consent from neighboring property owners. Mr. May informed Council that he wishes to install a swim set in a playground area on the Chippewa Avenue side of his lot and would 1 like to install the fence to provide maximum protection for his small child, to cut down on any traffic that might come into his yard from Page No. 4080 July 5, 1994 Chippewa, and to keep would be intruders off of his property. He felt that a 48 inch fence would be safer for his children than a 36 inch fence would be and explained that the fence will connect to a fence which exists on his neighbor's yard to the south. He informed Council that his neighbor to the north also has a 48 inch high fence, set back 30 feet from the property line, but that he would like to place the fence at 10 feet to avoid having to remove lilac bushes and an existing tree. Mr. May explained that the 10 foot setback will allow him to install additional landscaping between the fence and the play area in the future as his budget permits. Responding to a question from Councilmember Krebsbach, he stated that his neighbors on Chippewa cannot see his lot. Councilmember Krebsbach stated that she would like to see some plantings to soften the appearance of the fence . She pointed out that the fence height is being requested for the protection of a toddler and to reduce unnecessary traffic on the through lot, and that the requested fence would be consistent with the neighborhood since the property to the north and south are fenced. Councilmember Krebsbach moved to establish a finding of hardship due to the configuration of the lot and it being a through lot and to grant a variance to fence height in the front yard to allow construction of a forty -eight inch high chain link fence, to be located at a 10 foot setback, as shown on the plans submitted with the application for variance. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CASE NO. 94 -18, BEATY Council acknowledged an application from Mr. Scott Beaty for a wetlands permit to allow construction of a stairway and installation of landscaping at 800 Haven View Court to within 25 feet of the Bridgeview Shores pond behind his home. Council also acknowledged associated reports from the Administrative Assistant and City Planner and signatures of consent from neighboring property owners. Mr. Beaty informed Council that when he moved into his home he sodded the yard to within 25 feet of the pond to prevent erosion but he would like to return the hill behind his home, from the top of the hill to the scenic easement area, to its natural condition because it is so difficult to mow. He proposed to add bushes and ground cover to keep the hill from eroding and to screen the stairway. The stairway would be wooden (cedar) and would stop about 25 feet from the pond, with a mid -way wooden landing to give his family access to the rear portion of their property and to the pond in the wintertime. Page No. 4081 July 5, 1994 Large shrubs will be planted along the stairs to hide them view from adjacent lots. He explained that one reason for the landscaping is to bring the area back to as natural a state as possible to attract wildlife. Acting Mayor Smith informed Mr. Beaty that what Council is considering for approval is a stairway with a landing area and not a deck area. There was discussion over the need for railings. Mr. Beaty informed Council that he has spoken to the Code Enforcement Officer who will review the plan and determine if railings are required by the building code. He also informed Council that the Planning Commission recommended approval of the wetlands permit with the condition that if ten percent or more of the landscaping is removed by him or a future owner, the stairway must be removed. Responding to a question from Councilmember Krebsbach about whether the neighborhood has discussed covenants with respect to the pond, Mr. Beaty stated that a neighborhood meeting is scheduled for July 20 to form an association to look at issues relating to the pond, such as use of fertilizers, the need for an aerator, etc. Council was concerned about how future buyers of the property would be alerted to a requirement that the steps must be removed if more than 10% of the landscaping is removed. City Attorney Hart recommended that Council could adopt a resolution approving the wetlands permit, and setting forth the conditions of approval, and that the resolution be certified to the County. He explained that this would not cloud the property title but would give a future buyer direction on what Council intends. Mr. Hart stated that everyone would have difficulty with a percentage figure and suggested that Council instead consider requiring that the home owner will maintain the landscaping in a manner consistent with the landscaping plan on file with the city unless agreed to by both parties. On the basis that the purpose of the wetlands permit is to reduce erosion and provide a more natural pond edge, Councilmember Krebsbach moved adoption of Resolution No. 94-43, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A STAIRWAY AND LANDSCAPING AT 800 HAVENVIEW COURT," stipulating that the owner, as a condition to the permit, agrees to maintain the landscaping on the area adjacent to the stairway in a manner consistent with the landscaping plan on file with the city, unless otherwise agreed to by the city, or to remove the Page No. 4082 July 5, 1994 stairway, and further moved to direct staff to record the resolution at Dakota County. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 CASE NO. 94 -20, SWOR Council acknowledged an application from Mr. Michael Swor, 1349 Knollwood Lane, for lot split to add a portion of his neighbor's property ( Stan Ostlund and Nora McBride) to his lot. Council also acknowledged memos from Administrative Assistant Batchelder and the City Planner, signatures of consent from neighboring property owners, and a letter from Mr. Swor's legal counsel, David Anastasi, transferring copies of a declaration of covenants, the warranty deed to convey the property and other legal and financial documents. Mr. Swor informed Council that he would like to purchase the approximately 50,000 square feet of land to increase his rear yard and will keep the land as it is. He explained that he has no intention to develop the lot and has in the past, with the owners' permission, landscaped and planted trees on the lot, and when the owner's indicated they were interested in selling their property he asked them if he could purchase some of the rear portion. He stated that since the parcels are in two different plats, the County cannot at this time combine them into one. Acting Mayor Smith informed Mr. Swor that if the request is approved Council would be creating a landlocked parcel and would require Mr. Swor to file the declaration of covenants which stipulates that both the existing and new Swor parcels will be mutually owned and the taxes will be paid concurrently and that the property will not be developed in any manner except to be used in conjunction with the existing Swor property. She explained that this would prevent the potential that any future owner would not have the expectation that they could build on the divided parcel without meeting city requirements and would notify any future buyers that they cannot develop the land. Councilmember Krebsbach suggested that the approving resolution be amended to include that when it is possible for the County to combine the two parcels, they must be combined into a single parcel on the tax rolls. Councilmember Krebsbach moved adoption of Resolution No. 94- 44, "A RESOLUTION APPROVING A LOT DIVISION FOR 1349 KNOLLWOOD LANE," amended to include that the lot will be combined with the existing Swor parcel into a single taxable parcel Page No. 4083 July 5, 1994 as soon as it is possible for the County to do so, with the condition that the resolution and Declarations of Covenants and Restrictions be filed with the County by Mr. Swor at the time the lot split is recorded. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 MENDOTA HOMES P.U.D. Council acknowledged a request from Mr. John Mathern, Mendota PRE - APPLICATION Homes, for a pre - application conference on a proposed planned unit development for a 36 unit townhouse project on a ten acre parcel located at the southeast quadrant of Mendota Heights Road and Dodd Road. Council also acknowledged associated reports from the Administrative Assistant and City Planner. Mr. Mathern, present for the discussion, described the proposed project. He informed Council that, at the suggestion of the Planning Commission, the proposed day care center adjacent to the townhouse site will be included within the townhouse project because the site lacks the required ten acre minimum without the day care center. He explained that Child Time, a nationally known day care provider, will be the day care provider. i Councilmember Krebsbach stated that she would like to see a market study done to determine if there is a need for a day care facility, information on how many children would be served and how many trips it will generate per day, along with references on Child Time and any record of complaints /grievances. She informed Mr. Mathern that she has a problem with the day care facility and would like it to be clear that while she feels the proposed townhouse development is very nice, she will be very concerned about the added day care traffic at the already busy intersection. Mr. Mathern responded that he will provide details on the day care facility when his project is formally reviewed. He explained that the project is not dependent on the day care facility but the Planning Commission felt it should be added. Acting Mayor Smith pointed out that there is some concern as far as how close the development is to the intersection in terms of ingress /egress and safety. She stated that she is less concerned about the entrance to the twinhomes because they have an alternate access but asked if there is an alternate method of accessing the day care parcel should it become necessary. She also expressed concern that the backs of the townhouses will face Mendota Heights Road, which could become much busier than it currently is, and suggested that the area along Mendota Heights Road and, particularly near the Page No. 4084 July 5, 1994 freeway ramp, be bermed or landscaped. She stressed that study and identification of traffic noise problems should be done up front and everything possible should be done to reduce the potential for traffic noise because solution of noise problems is limited after construction is completed. She asked Mr. Mathern what the project timetable is. Mr. Mathern responded that two units will be built at a time and that he anticipates the project will be completed in 24 to 36 months. He explained that the buyers will be given flexibility with respect to the placement of walls, etc., but that he will be firm about the outside perimeter and the placement of garages. The pads are 40 by 60 feet per unit, and window and door placements can be moved to make the units look different. The price range on the units will be from $149,000 to $200,000. With respect to the day care facility, Administrator Lawell explained that the Planning Commission specifically addressed the issue because of the requirement for a ten acre minimum for a PUD. He stated that when Council could formally considers the application, it could by a separate motion make a decision to waive the ten acre minimum if it so desires. Mr. Mathern informed Council that he does not own the day care site and that it is his understanding in discussions with that Richard Putnam, the owner, that Child Time is the identified buyer. Councilmember Huber expressed a concern about the difficulties of accessing the site if the day care parcel is not included. He stated that he would rather see the site included and have the issue addressed now so that Council can deal with the entire access issue, and that he would speak in favor of addressing the entire site so that Council can deal with one parcel rather than two. He pointed out that day care facilities generate traffic in the morning and evening, whereas another business -type use could have traffic throughout the day. HEARING: CASE NO. 94-02, Acting Mayor Smith opened the meeting for the purpose of a public BULLARD /JOHNSON hearing on an application from Mr. Jim Bullard, of Earthwood Builders, for a 20 foot critical area variance for Mr. Joel Johnson to allow construction of a dining room/kitchen expansion and sun room/deck addition within the forty foot setback from the bluff at 1819 Hunter Lane. Council acknowledged a letter from Mr. Johnson along with reports from the Administrative Assistant and City Planner. Page No. 4085 July 5, 1994 Assistant Batchelder informed Council that the proposed deck is 15 feet above ground and one of the Planning Commissioners was concerned about potential erosion because the ground cover would be shaded. He stated that the Commission did not include any condition in that regard in its motion to recommend approval. He informed Council that when the original home was constructed, a 20 foot variance from the critical area setback was granted and that none of the proposed new construction will come any closer to the bluff than the existing home. Acting Mayor Smith asked if the additional impervious surface for the tennis court will create an erosion control problem. She suggested that Mr. Johnson should give consideration to the erosion issue and the need for removal of some of the trees before constructing the tennis court. Councilmember Krebsbach informed Council that the argument for moving the existing home closer to the bluff was that the original owners wanted to have a tennis court and that since this was approved in the past she did not know if Council could do anything about it. She felt that building a tennis court will be unfortunate because of the added hard surface. Acting Mayor Smith asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved to close the public hearing and to approve a critical area variance of twenty feet to allow construction of the two additions within the forty foot setback from the bluff at 1819 Hunter Lane as proposed. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 ENERGY RETROFITS City Administrator Lawell reviewed a memo from Building Manager Guy Kullander regarding energy saving retrofits for city buildings. Councilmember Krebsbach moved to approve to direct the Environment & Energy Resource Center to make the necessary applications to Northern States Power, and to select a contractor to perform the recommended lighting retrofits to the fire station, city offices and public works facility, install and modify the heating and alternate fuel supply system at the public works maintenance facility, and make the recommended improvements at the industrial Page No. 4086 July 5, 1994 park sewage lift station. Ayes: 3 Councilmember Huber seconded the motion. Nays: 0 BUROW FARM Council acknowledged an update from the City Administrator on the Burow Farm preservation issue. Councilmember Krebsbach, a member of the Council subcommittee appointed to work on the issue with Mr. Burow's representative (Ronald Smith), informed Council that the subcommittee and Mr. Smith came to agreement on a $55,000 down payment from the city, a monthly payment of $1,000 to Mr. Burow for up to twelve years and not to exceed a total of $200,000. She explained that a key point in the negotiations is that the property would stay on the tax rolls as long as Mr. Burow lives. Details still need to be worked out on the non -profit organization maintaining the farm and paying the taxes, and a firm condition is that should the property not be maintained it will revert to the city. The non -profit would have a board consisting of Council members (1/3) and residents (2/3). Responding to a question as to who makes the determination as to what maintenance is needed, Administrator Lawell stated that if the judgment of the non -profit is not suitable to the city or the financing is not suitable, it would become city -owned property, but while Mr. Burow lives on the property, the life estate would still be in force. Once the non - profit is in full control, the city would have the ability to secure the property and do whatever it wishes with it. Acting Mayor Smith stated that Council must address the question of whether the non -profit will be able to function as Council wishes while Mr. Burows is still a resident. City Attorney Hart stated that much progress has been made but there are a significant number of questions over what permitted activities there would be during Mr. Burow's life, etc. He suggested that the draft agreement be prepared for Council's review to reflect all of the concerns which have been raised. Administrator Lawell stated that the matter was brought to Council tonight so that Council can review the current terms. He explained that preliminary Council acceptance of the terms is needed before legal counsel can be directed to prepare the necessary easements, agreements and covenants for Council consideration. He stated that the initial write -down payment ($55,000), which must be analyzed in terms of the overall budget, will be an item for discussion at Council's 1995 budget workshop. Page No. 4087 July 5, 1994 Acting Mayor Smith stated that she has been a member of a commission that was a non - profit, and a problem arose because there was some question that the governing body took part in the creation of the non - profit. She felt that it may be possible that the non -profit will have to be formed individually without city assistance. Administrator Lawell responded that he will look into the question. Councihmember Krebsbach moved to direct the City Attorney to prepare and/or modify the draft agreements, easements and covenants necessary for the Council to formally consider approval of this proposal and to direct staff to schedule the item for discussion as part of the 1995 budget review process. Ayes: 3 Councilmember Huber seconded the motion. Nays: 0 COMMISSION APPOINTMENT Acting Mayor Smith briefly reviewed a memo from the City Administrator regarding applications and interviews for candidates for appointment to the Planning Commission. She suggested that Council could either close the application process and interview the two candidates who have expressed interest and or leave the application period open to expand the pool of applicants. It was the consensus to leave the application period open until July j 14 and schedule interviews for the two current candidates and any additional candidates beginning at 6:30 p.m. on July 19. COUNCIL COMMENTS Councihnembers Huber and Krebsbach informed Council that they would be absent from the August 16 meeting. PARK CELEBRATION Administrative Assistant Batchelder gave Council and the audience an update on the Celebrate Mendota Heights Parks event to be held on July 23 and a reminder of the first concert in the park, to be held on July 17. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Ayes: 3 Councihmmber Krebsbach seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 10:23 o'clock P.M. K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor