Loading...
2010-11-16 City Council minutesPursuant to due call Heights, Minnesota Heights, Minnesota. CALL TO ORDER November 16, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 16, 2010 and notice thereof, the regular meeting of the City Council, City of Mendota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 CONSENT CALENDAR Acting Mayor Vitelli called the meeting to order at 7:00 p.m. The following members were present: Councihnembers Duggan and Krebsbach. Absent and excused were Mayor Huber and Councilmember Schneeman. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the agenda as revised to delay Item 8a until such time that Becky Pentel was present and removed item 6d. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved approval of the minutes of the regular meeting held on November 2, 2010, and the minutes of the canvassing board held on November 5, 2010, as presented. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach moved approval of the consent calendar as presented, pulling items 6e and 6g for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Agenda b. Acknowledgement of the October 2010 Treasurer's Report c. Acicnowledgeinent of the October 2010 Par 3 Update e. Approval of Sign Permit for Walgreens (790 Highway 110) f. Approval of Resolution No. 10 -94: "RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY Ayes: 3 Nays: 0 APPROVAL OF SIGN PERMIT FOR WALGREENS (790 HIGHWAY 110) Ayes: 3 Nays: 0 2030 COMPREHENSIVE PLAN UPDATE AND TIER II COMPREHENSIVE SEWER PLAN Ayes: 3 Nays: 0 PUBLIC COMMENTS g. November 16, 2010 Page 2 FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM" Approval of Resolution No. 10 -95: "RESOLUTION ADOPTING THE 2030 COMPREHENSIVE PLAN UPDATE AND THE CITY OF MENDOTA HEIGHTS' TIER II COMPREHENSIVE SEWER PLAN h. Approval of Contractors List, dated November 10, 2010 i. Approval of the List of Claims, dated November 16, 2010, totaling $282,251.65 Councilmember Duggan seconded the motion. Councilmember Krebsbach asked to comment on item 6e and asked what are the dimensions of the symbolic mortar pestle sign? Assistant to the City Administrator Sedlacek advised the mortar and pestle sign would be 5'7" wide and 6'3" tall. Councilmember Duggan moved approval of the sign permit for Walgreens (790 Highway 110) as presented. Councilmember Krebsbach seconded the motion. Councilmember Duggan asked to comment on item 6g and noted a revision had been made to the resolution, fifth Whereas, to indicate "...Metropolitan Council en for review..." Councilmember Krebsbach moved approval of revised Resolution No. 10 -95: "RESOLUTION ADOPTING THE 2030 COMPREHENSIVE PLAN UPDATE AND THE CITY OF MENDOTA HEIGHTS' TIER II COMPREHENSIVE SEWER PLAN." Councilmember Duggan seconded the motion. Acting Mayor Vitelli recognized staff for thier work on the 2030 Comprehensive Plan and gaining approval of the Metropolitan Council. Danielle Cabot, introduced herself as the local reporter and editor for Mendota Heights Patch, an on -line news site that will launch on November 30, 2010. It is a publication that will cover the government, crime, events, and people of Mendota Heights, Mendota and Lilydale. She provided her contact information and welcomed residents to contact her. PUBLIC HEARING WAGON WHEEL TRAIL NEIGHBORHOOD IMPROVEMENTS November 16, 2010 Page 3 Councilmember Krebsbach said Ms. Cabot attended the Airport Relations Commission meeting and asked who is their local advisory board, noting the organizational corporation is based in New York City? Ms. Cabot stated their regional editor is Don Wyatt and each quadrant of the metropolitan area has a regional editor to provide oversight. Councilmember Krebsbach stated the home page indicates there is a regional advisory board for each location. She noted this is a new form of media coverage that is welcomed and asked Ms. Cabot to provide that documentation. Acting Mayor Vitelli asked what is their objective? Ms. Cabot stated Patch is community oriented and their goal is to bring more relevant local news to residents on a regular basis. They hope to be a resource, join the news ecosystem, and provide local news coverage. Acting Mayor Vitelli asked how reporters are compensated? Ms. Cabot stated she is paid the same as a newspaper reporter and employed by Patch.com, the parent company is AOL. Councilmember Krebsbach asked if she adhered to the same journalistic standards as if she worked for The Villager? Ms. Cabot answered in the affirmative and stated they have hired reporters with experience, she takes her job as a reporter seriously, and the expectation is that the information is reliable. In response to Councilmember Duggan, Ms. Cabot stated she is looking for local contributing writers, with qualifications. Public Works Director /City Engineer Mazzitello stated the public hearing is for the proposed improvements to Wagon Wheel Trail and neighborhood. At the October 5, 2010, meeting the council had approved the feasibility report and called for a public hearing at tonight's meeting. At that meeting, the council had also approved the 2011 -2015 Street Improvement Plan that identified the reconstruction of Wagon Wheel Trail as the 2011 city street reconstruction project. Mr. Mazzitello advised the project includes reconstructing Wagon Wheel Trail from Lexington Avenue to Dodd Road November 16, 2010 Page 4 including construction of storm sewer, concrete curb and gutter, aggregate base, bituminous surface, bituminous trail, and hydrant replacement. It also includes rehabilitating Alice Lane, Rogers Court, and Swan Court to remove and replace the existing bituminous surface with new bituminous, curb and gutter repair, and catch basin repair. Mr. Mazzitello referenced the preliminary cost estimates and proposed funding sources. The proposed assessments were $8,500 for the reconstruction assessment and $2,515 for the rehabilitation assessment, both being consistent with past projects. He advised of the participation at the October 28, 2010, neighborhood informational meeting, questions and comments made that were summarized in the staff report. He noted the other information contained in staff's report including the handouts and project summary provided to residents. Mr. Mazzitello advised of the prevailing issues of residents: the necessity of adding curb and gutter, the need for parking along Wagon Wheel Trail, and the city's assessment policy. He noted the Street Reconstruction and Rehabilitation Policy, adopted in 1992, states that, where practical, streets are reconstructed to a 32 -foot width and include curb and gutter. With regard to the city's assessment policy, up to 50 percent of the cost is assessed if the project includes curb and gutter. It is proposed to assess 26 percent with this project to keep the per unit assessment consistent with other projects. If the project was constructed without curb and gutter, 100 percent of the project cost would be assessed to residents. The assessment of $8,500, over 19 years at 6 percent, equals a total amount paid by the resident of $13,732. If this project is constructed without curb and gutter, assessing 100 percent of the cost would equal $29,400 per unit, over 10 years at 6 percent, equals a total amount paid by the resident of $39,582. Mr. Mazzitello reviewed the petition received after the informational meeting that contained 18 valid signatures (44 percent) of the title property owner proposed for assessment. In addition, an informal survey that offered options was conducted by a resident and 20 completed surveys were submitted. However, it is unknown to staff how the other options were presented to the public and if it included the 100 percent assessment option. November 16, 2010 Page 5 Assistant City Engineer Ruzek presented the proposed Wagon Wheel construction project from Lexington Avenue to Dodd Road. He reviewed the existing conditions of Wagon Wheel Trail, noting it was a originally constructed in 1966 as a county road and turned back to the city in 1987 when a two -inch overlay was done. The width varies from 24 to 26 feet with one to three foot gravel or paved shoulders. Concrete curbs and gutters were never installed. Water main was installed in the late 1960s to early 1970s and storm sewer was installed east of Rogers Lake in the early 1970s. Mr. Ruzek noted the existing speed limit along Wagon Wheel Trail is 30 mph and is not proposed to be changed even though a traffic study recommended 35 mph. Mr. Ruzek noted the proposed improvements would retain the horizontal aligmnent and be constructed in accordance with state aid standards to a nine -ton design with curb and gutter. The road would be 26 feet in width in areas with no parking and 33 feet in width in areas of parking lanes. In addition, an eight -foot bituminous trail would be constructed on the north side, storm sewer improvements for water quality prior to entering Rogers Lake, replacement of fire hydrants, and driveways and boulevards will be replaced in kind. He displayed a diagram depicting a typical reconstruction cross section and map identifying the project area and location of proposed improvements. Mr. Ruzek presented the rehabilitation project for Alice Lane, Rogers Court, and Swan Court. He described the existing conditions, noting the streets were constructed in 1979, Alice Lane was extended in 1989 and a cul -de -sac added in 2000. The road widths are currently 33 feet, contained concrete curb and gutter, as well as sanitary sewer, storm sewer, and water main. He described the proposed improvements to remove the existing two -inch bituminous surface and replace it with a two -inch bituminous base course and 1.5 -inch bituminous wear course, making it stronger than originally constructed. Damaged concrete curb and gutter will be replaced and driveways that are disturbed would be replaced in kind. Disturbed boulevard areas will be restored with topsoil and sod. A typical cross section of the project was displayed. November 16, 2010 Page 6 Mr. Ruzek presented total project costs as follows: street reconstruction at $1,328,417.50; stoini sewer at $291,956.25; water main at $82,500; trail construction at $112,702.50; park parking lot rehabilitation at $105,815; and street rehabilitation at $211,265.38 for a grand total of $2,132,656.63. Councilmember Krebsbach asked for an explanation of how these estimates were derived? Mr. Ruzek displayed a chart and detailed the work tasks and materials that were included when determining the estimated costs. Councilmember Krebsbach noted the majority of the cost is in materials and streets that are 33 feet wide will require additional product. Mr. Ruzek agreed that a wider street takes more materials so the cost is higher but the recommended width is in accordance with the city's adopted street policy. Acting Mayor Vitelli noted that Alice Lane, Rogers Court, and Swan Court are 33 feet wide and contain concrete curb and gutter. Mr. Ruzek stated that is correct and they are being considered for reconstruction to mill the pavement and put down two new layers of surface. Councilmember Duggan stated that Alice Lane, Rogers Court, and Swan Court were newer streets and asked what is their life span? Mr. Ruzek stated they were originally constructed in 1979 so were about 30 years old at this tune. Mr. Ruzek presented funding sources as follows: assessments at $454,132.52; municipal bonds at $861,262.02; MSA funds at $442,805.84; and utility funds at $374,456.25. Following the city's policy, the assessment for Wagon Wheel Trail would be $10,800. However, that was higher than previous projects so staff proposes to reduce the assessment to $8,500 per unit. The assessment for the street rehabilitation project is $2,515 per unit. He displayed the project schedule, noting if approved a second informational meeting may be held in January, plans and specifications considered by the council in March, construction occur late -May through September, and the assessment hearing held at the end of October. Councilmember Krebsbach asked about the option for assessment deferral? Mr. Mazzitello advised deferral is November 16, 2010 Page 7 available for seniors over 65 years of age with proof of hardship, disability, undeveloped property, or active military. Councilmember Krebsbach noted that deferred assessments would then be paid when the property is sold or developed. Mr. Ruzek stated that is correct but interest is accrued during deferment. Councilmember Duggan stated it appears that most Wagon Wheel Trail residents accept the road being reconstructed but do not support the curb and gutter or the trail. He asked if this is a trail to nowhere and when it will be connected to other trails? Mr. Ruzek displayed a map to point out trail connections on Lexington Avenue, 35E, Decorah Avenue, and between Rogers Lake and 35E. Acting Mayor Vitelli noted that providing a trail is a safety measure as well for pedestrians. Councilmember Duggan asked how the city determined in the past to assess for 100 percent of the project cost if there was no curb and gutter? Mr. Ruzek stated that policy was adopted by the council in 1992, been in use since that time, and all projects since that date had followed that policy. Councilmember Duggan stated there are five to six reasons the city preferred to include curb and gutter in projects. He indicated that his house at the end of Pagel Road took longer to sell because there was no curb and gutter. Mr. Mazzitello explained that the 1992 policy was established because including curb and gutter is the municipal standard for road construction for incorporated cities. Rationale to include curb and gutter are: adherence with city policy, curbs clearly define the established roadway particularly at night and increase safety, curbs protect the pavement edge and increase the road life span from 20 -30 years to as long as 50 years, ease of snow plowing, and the ability to capture, transfer, and treat storm water prior to discharges to water bodies. Mr. Mazzitello reviewed that if state aid funds were not applied and properties assessed the full 50 percent, it would cost residents $16,200 per unit. By applying state aid funds and increasing the city's share in the bond sale, the assessment to each unit would be $8,500 or 26 percent of the total project cost instead of the normal 50 percent. If the project November 16, 2010 Page 8 is approved without curb and gutter, properties would be assessed 100 percent for the total project cost of $1.2 million (versus $1.33 million with curb and gutter). Assessing 100 percent over 41 parcels would be $29,417 per unit. Mr. Mazzitello noted city policy is to assess over a ten year period if curb and gutter is not included and over 19 years if curb and gutter is included. The amount paid by a resident for the assessment and interest accrued over 10 years, would be $35,582.44. Acting Mayor Vitelli suininarized the proposed road widths, areas of parking lanes, and eight -foot wide path the entire route. Mr. Ruzek explained the project will be centered within the existing right -of -way and the centerline of the street would be offset to the south six feet to accommodate the parking lane and path. Councilmember Krebsbach stated some residents are concerned about parking and asked about the option of surmountable curb so cars can drive up and park on the lawn, when needed. Mr. Ruzek stated that is against City policy. Councilmember Krebsbach asked how resident's parking would be accommodated? Mr. Ruzek stated there would be a nine -foot parking lane on the north side of the street in areas where the road is 33 feet in width, which includes the nine -foot parking lane. Councilmember Krebsbach asked about the option of centering the street within the right -of -way and striping a walking path on Wagon Wheel Trail? Mr. Ruzek advised the city does not currently have such a trail and he would have to check legalities since this is a state aid street so it may not be allowed for safety reasons. Councilmember Krebsbach stated Victoria Curve has such a stripe and people walk and bike in that area. Mr. Ruzek stated that stripe is a fog line, not a defined biking path. Councilmember Duggan stated there has been a lot of concern in relation to the amount of greenery by the lake that would be removed for the trail. Mr. Ruzek stated a survey of existing conditions and boulevards was just completed but staff had not yet identified specific trees for removal. Councilmember Duggan noted it has been found that trees alongside roadways slow the speed of traffic. He stated support to restore as much greenery as possible going forward. Mr. Ruzek stated they propose to replace any November 16, 2010 Page 9 trees cut down with higher quality trees and that is part of the project cost. Councilmember Duggan suggested posting no parking signage on Swan Court to control those who park and go fishing. He also suggested the city invest in an electronic speed sign for Wagon Wheel Trail so drivers see their actual speed. Then the sign can'be transferred to Lake Drive and other areas where speeding is a concern. Acting Mayor Vitelli noted the Police Chief and department fully support the project as proposed for vehicle and pedestrian safety. Mr. Ruzek stated that is correct. City Administrator McKnight advised that a 4 /5ths vote of all members is required to move the project forward, which cannot be obtained since two members are absent tonight. However, the public hearing can be held tonight. Acting Mayor Vitelli opened the public hearing at 7:53 p.rn. and asked for public comments Phyllis Miller, 1021 Wagon Wheel Trail, expressed concern with the large amount of property used to accommodate an eight -foot trail, 26 -foot street, and four -foot buffer. She asked if there is flexibility with the width of the walking path so it is more like the width of a sidewalk? Mr. Mazzitello explained an eight -foot trail width is a standard to accommodate bicycles that travel at a greater speed and need width to meet /pass each other. The four -foot boulevard and path will vary in width to avoid an obstacle. Acting Mayor Vitelli asked if the trail would be cleared of snow by public works? Mr. Mazzitello answered in the affirmative. Acting Mayor Vitelli stated an eight -foot trail width is standard but the four -foot boulevard could be reduced if supported by residents. Ms. Miller asked how wide is Wagon Wheel Trail at the widest point before the bridge? Mr. Ruzek stated it is wider than 33 feet but he is not sure of the exact width. Councilmember Duggan commented on the configuration of the improvements. Mr. Mazzitello explained the travel lane is 24 feet, next is a four -foot vegetated boulevard, and then an eight -foot trail. November 16, 2010 Page 10 Jack Lambert, 2237 Rogers Court, asked why in this depressed economy and real estate market the city would want to go ahead with assessments of $2,500 to $8,500 per property? He stated residents have not budgeted for this cost and asked if it could be done four to five years into the future? He also asked if the city was assured of receiving state funds for the project? Mr. Lambert noted it had been indicated earlier that a road with curb and gutter can live 50 years and asked if Wagon Wheel Trail is about to collapse? Mr. Mazzitello advised that it is currently in the second worst condition for a road in Mendota Heights. He explained that Rogers Court was not originally built to a nine -ton standard, was substandard, and this project would bring it up to municipal standards. Mr. Lambert stated he understands the assessment would be paid off over time and again questioned the timing of the project. Acting Mayor Vitelli stated that even if the project is delayed, it will need to be done and at that time inflation will result in a higher cost. Cou ncihnember Duggan asked the Public Works Director to address the issues of longevity and impact of inflation on cost. Mr. Mazzitello advised that not counting for inflation, a complete reconstruction delayed two years over a 50 -year life span increases by one to two percent due to wear and degradation of the road. It was noted that assessments are not levied until the project is substantially complete, a year from now, and payments could be made at that tune. Acting Mayor Vitelli summarized that Mr. Lambert would like to delay the project for several years. Mary Bebel, 1011 Wagon Wheel Trail, stated a few years ago there was talk about straightening out the "s" curve so it would be safer, but that was not done. She stated they moved to Mendota Heights because they wanted to be in the country and she had submitted 32 -34 signatures of residents who are also not interested in the project because they like the rural feel of the neighborhood. Ms. Bebel advised that several residents also mentioned concern with the speed of the traffic, to which she agreed. She noted that most of the trees are poplar and she preferred birch trees, especially in area of the curve. With regard to the walking paths, she advised that two women were raped on the POLICE DEPARTMENT OFFICER AND CIVILIAN AWARDS November 16, 2010 Page 11 Rogers Lake walking path so it was not very safe. Ms. Bebel pointed out that with some properties, an eight -foot path will come close to their house and would not be an improvement to the neighborhood. Instead, she liked the idea of a sidewalk. Ms. Bebel stated she cannot save $8,500 by spring time and while deferment is an option for some, six percent interest is a lot of money. Acting Mayor Vitelli asked if people who want it rural want nothing done, or just not curb and gutter? Mr. Bebel stated she would prefer a lower curb so it looks more rural. Councilmember Krebsbach explained that is called a surmountable curb, like the curb on Woodridge. She asked how many bicyclists use the trail instead of the street? Mr. Mazzitello advised that certain studies have shown if a facility is available for bicyclist to stay away from motorized traffic, they will use it. Councilmember Krebsbach asked whether bicyclist use the trail between Sibley and The Village? Mr. Mazzitello answered in the affirmative. Councilmember Krebsbach stated that sensitive issues were worked out with that trail, which was paid by the county. She suggested residents look at the surmountable curb on Woodridge and the trail at The Village. Ms. Bebel stated this project will be intrusive to small lots and real estate values are going down. She stated she likes her unique street exactly as it is and supports no project. Acting Mayor Vitelli noted the attendance of citizens and their families who were being presented with recognition awards. He indicated the council would recess the public hearing at 8:13 p.m. so presentations can be made and then reopen the public hearing. Police Chief Ashenbrener advised that Becky Pentel had still not arrived but the other families were in attendance. He stated his appreciation to the council and audience for considering this agenda matter at this time. He explained that he wanted to recognize citizens and officers for the good things they do both on and off the job because it creates a history of those events. Police Chief Ashenbrener explained the different types of awards that would be given. PUBLIC HEARING — CONTINUED WAGON WHEEL TRAIL NEIGHBORHOOD IMPROVEMENT November 16, 2010 Page 12 Chief Ashenbrener read and presented a letter of commendation to Officers VonFeldt and Fleming for their actions at a full arrest medical call resulting in reviving the man who returned home from the hospital two days later. Chief Ashenbrener read and presented the lifesaving award to Sergeant Petersen and Officer Rosse for their response to a respiratory arrest medical that resulted in a young man returning home later that evening. Officer Rosse and Sergeant Petersen introduced their family members who were in attendance. Chief Ashenbrener read and presented an award of merit to Sergeant Garlock for volunteering hundreds of hours and dollars to support the city in the Mendota Heights 5K run. Jim Nystrom, State Board of Directors for Special Olympics, added his commendation to Sergeant Garlock for providing this service to over 6,000 Special Olympic participants. Sergeant Garlock introduced his family members who were in attendance and stated all are involved with the 5K run. Police Chief Ashenbrener stated Special Olympics teamed up with the law enforcement 25 years ago and is the primary source of funding for Special Olympic programs across the state. Police Chief Ashenbrener read and presented an award of merit to civilian Larry Whitney for volunteering with the annual Mendota Heights 5K run and his outstanding efforts to raise funds. Mr. Whitney stated he is proud to be a member of the group that raises funds for Special Olympics and thanked the city departments that help with the event. Police Chief Ashenbrener explained that civilian Becky Pentel was bumped from her flight home so that presentation will be made at a future time. Acting Mayor Vitelli reopened the public hearing at 8:30 p.m. Mary Sterling, 810 Wagon Wheel Trail, stated she grew up in Mendota Heights when there were fields, the lake was high, and there were no trees. She added that her children have also grown up in this neighborhood and her daughter wants to move back to Mendota Heights. Ms. Sterling stated she opposes curb and gutter because they flood when November 16, 2010 Page 13 clogged, take up more space, and in her opinion were irritating. She felt they also removed the rural feel. Ms. Sterling asked where the curb and gutter directs drainage? Mr. Mazzitello explained some drain directly to Rogers Lake and citywide all drain to the storm sewer system, treatment ponds, lakes, or the river. Ms. Sterling stated what ever is in the street flows into the gutter and adds more pollution to the lake. Mr. Mazzitello explained that currently storm sewers and the ditch lines drain directly into Rogers Lake or toward Dodd Road and into that storm system. The theory behind a ditch system is that part of the water will infiltrate into the soil. However, when sand and silt wash into the ditch, the soil voids fill so after a while the soils do not allow water to infiltrate. Ms. Sterling stated it feels like this project is being pushed on residents and they cannot oppose it because they would then have to pay 100 percent of the cost without curb and gutter. She indicated this neighborhood would like a lower speed of traffic and residents do not want a city street or neighborhood. She did not support curb and gutter, the path, or parking lane and felt the proposed project would open the neighborhood to additional traffic. Ms. Sterling suggested the project be delayed because of resident's financial situation. Rita Lahtonen, 854 Wagon Wheel Trail, stated she moved to Wagon Wheel Trail in 1982 because of the small sized houses. with big yards, giving it an out in the country feel. Then a few months later construction started for 35E, which changed the feel of the neighborhood. She stated the previous owners had a large garden and there were open spaces with no cul -de -sacs. Her goal was to keep the trail in Wagon Wheel Trail, avoid the city feel with curbs and gutters, did not want trees destroyed to build a walking path, and wanted to reduce the amount of traffic and noise by discouraging Wagon Wheel Trail as a thru- street for TH110 or Mendota Heights Road. Ms. Lahtonen indicated she did not support widening the road because she felt it would encourage more and faster traffic. She suggested installing no parking signage to discourage parking and fishing on the side of the road. She stated there is no side erosion concern with the road at this time. November 16, 2010 Page 14 Ms. Lahtonen stated she had conducted an informal neighborhood survey and provided that information for council's review. She described the four options she had offered in her survey and stated she felt the assessment was high when compared to resident's yearly salary. She urged the council to save Wagon Wheel Trail from development and encouraged responsible government by keeping it rural. She presented the results of her informal resident survey, noting the majority support reconstruction as is with a rural feeling, no curb and gutter, no parking lane, and no multi- use trail. Ms. Lahtonen urged the council to stop the project and provide more information and options for resident's consideration. Councilmember Krebsbach stated the project will probably not be stopped and asked what project would be supported, surmountable curb, no parking, or a four -foot sidewalk? Councilmember Krebsbach stated surmountable curb would still move storm water and she wanted cars to park at Rogers Lake if they are using the park or fishing. Ms. Lahtonen believed that an eight -foot trail width is too wide for this neighborhood and the project needs to be less intrusive. She stated the grass barrier will create a visual separation between the asphalt roadway and path, and she felt a four -foot sidewalk was more fitting with the neighborhood. She stated she rode her bicycle on some city trails and found it difficult to navigate across driveways due to elevation changes. In addition, vehicles are not always aware of bicycles on the trails. She stated she found it was easier to bicycle along the edge of the roadway. Councilmember Krebsbach stated the council would not be voting on the project tonight so residents have time to look at Victoria Curve and Glenhill Road to can see the fog line that is a demarcation for bicycles. She stated the Glen Hill Road and Culligan Lane neighborhoods needed rehabilitation but the project was moved five years out. Now the road is patched and residents want to get the project back on the schedule. She asked residents to build a consensus and come up with a package they could support that does not just delay the project. Councilmember Duggan stated surmountable curbs are also used on freeway on and off ramps. POLICE DEPARTMENT OFFICER AND CIVILIAN AWARDS November 16, 2010 Page 15 Acting Mayor Vitelli clarified that a surmountable curb does not serve storm water drainage. Mr. Mazzitello stated that is correct and if surmountable curbs are used the ditch system would have to be maintained. Mary Bebel, 1011 Wagon Wheel Trail, noted that off - street parking only affects a few homes so she believed the project should not be designed to accommodate only a few. She also did not want a project that brought a great number of people into the neighborhood to use the trails and park. Mr. Ruzek explained the assessment would remain at $8,500 even if street parking is not included. In addition, the cost for the trail was not being assessed. Councihnember Duggan stated a stripe on the street designating parking areas results in slowing traffic. Mr. Mazzitello stated any time there is a visual narrowing of the travel lane, it tends to slow traffic. This can be seen on First Avenue where the curb line is narrowed for parking lanes and has virtually eliminated speeding complaints on First Avenue. Acting Mayor Vitelli noted the attendance of citizen Becky Pentel who is to be presented with an award of merit. He indicated the council would recess the public hearing at 8:57 p.m. so that presentation can be made and then reopen the public hearing. Police Chief Ashenbrener read and presented an award of merit to civilian Becky Pentel for her volunteer efforts with the Citizen's Police Academy. Ms. Pentel introduced her family members who were in attendance and thanked Police Chief Ashenbrener and Sergeant Convery for the nomination. Acting Mayor Vitelli noted that Becky Pentel and her husband, Reserve Officer Randy Pentel, are a volunteer team and donate a tremendous amount of time to the city. Police Chief Ashenbrener encouraged residents to register early if they are interested in being in the Citizen's Police Academy. PUBLIC HEARING — CONTINUED WAGON WHEEL TRAIL NEIGHBORHOOD IMPROVEMENT November 16, 2010 Page 16 Acting Mayor Vitelli reopened the public hearing at 9:03 p.m. Jeff Lory, 2218 Rogers Court, thanked engineering staff for its work to provide all of the data. He noted Councilmember Krebsbach had run for office this fall. Councilmember Krebsbach stated she ran for the office of Mayor for the City of Mendota Heights. Mr. Lory stated Mendota Heights is a city but there has been a lot of talk tonight about it being rural. He stated there is an obligation to all members of the city and that means at times you have to pay for things that better the whole. He stated he raised two daughters on Rogers Court and walked Wagon Wheel Trail many times, always wondering why it was not repaved. He stated his daughters are college age now but the first time someone is injured the question will be asked why the city has not done something to protect the larger whole. Mr. Lory stated the city is trying to do that something now with this project, which he appreciates and is willing to pay because he is part of this city. He stated he appreciates that Rogers Court will be upgraded to a nine- ton standard because some residents own heavier vehicles and he wants Rogers Court to be well maintained. He took exception to the implication there was a rural character, finding it to be substandard. He stated he had been told in 1986 that Wagon Wheel Trail would be brought up to standard but that has not yet occurred. Mr. Lory stated he is in the survey business and believes that informal surveys can be written to obtain a desired result and misguide respondents about what is actually being proposed. Mr. Lory stated he hopes the project moves forward and includes curb and gutter and trail so his grandchildren are safe when going to and from Rogers Lake. Dean Hobbs, 1057 Wagon Wheel Trail, stated he grew up in Mendota Heights and his mother lives next door to him. He stated he does not support the project because it will impact residents and take away their land. He stated his lot is not impacted as bad because it is in the location of the bridge but his mother's property has no room for this project. He stated residents have lived on Wagon Wheel Trail their entire lives and their lots are not large enough to accommodate the project. He also felt it would lower their property values. November 16, 2010 Page 17 Councilmerber Krebsbach encouraged residents to view trails in other locations. Mr. Hobbs stated he has lived in this neighborhood his entire life and knows it will not work. Mr. Ruzek explained that the city's zoning ordinance requires a 30 -foot setback and the proposed trail is over 40 feet from the house to the edge of the trail on the north side and over 30 feet if on the south side. In the location of Mr. Hobb's mother's property, they probably have a 20 -foot setback. Phyllis Miller, 1021 Wagon Wheel Trail, stated there is a lot of trepidation about what may or may not happen or work related to the curb design. She stated this neighborhood does not have a homeowner's association but staff and the council have heard their concerns and she would ask the city to determine options and what the costs would be. Councilmember Krebsbach stated she was not asking for another resident survey, but a consensus of what the residents would support. She stated Coleshire Avenue has no curb and suggested residents drive around to a look at other areas to see how it looks. Ms. Miller stated she does not object to curb and gutter and felt more information on options and costs was needed before consensus could be reached. Sharon Reichenbach, 2209 Rogers Court, asked what is the worst street if Wagon Wheel Trail is the second worse street, and is it being reconstructed? Mr. Mazzitello stated it is Hunter Lane and Orchard Lane, to the west of city hall. That roadway was scheduled for reconstruction in 2009. Residents were given three options: 1). accept the reconstruction in 2009 with curb and gutter and be assessed 50 percent, 2). accept the reconstruction in 2009 without curb and gutter and be assessed 100 percent; or, 3). delay the reconstruction to 2014 with curb and gutter and be assessed 50 percent. The residents selected the third option. Ms. Reichenbach asked if the eight -foot trail is being assessed? Mr. Ruzek stated the trail is not individually assessed and the city will bond for that cost. Ms. Reichenbach asked whether staff determined high and low costs for this project and what number were used? Mr. November 16, 2010 Page 18 Ruzek stated the city does a project each year and staff uses those unit prices and averages the last three to five years. This determines estimated assessment values but if the project bid is lower, the assessment would be adjusted down. If the bid is higher than estimated, the council may not approve the project. City Attorney Diehin advised that the assessment notice contains the highest assessment amount so the Council can reduce the assessment but cannot increase the assessment amount beyond the notice. Ms. Reichenbach asked about the rate of interest? Mr. Mazzitello stated the portion of the project that is bonded includes an interest rate as does the assessment. Based on past assessments, six percent was a good average. Ms. Reichenbach stated the current interest for a 30 -year mortgage is four percent. She asked if a homeowner could refinance their home to pay the assessment up front? Mr. Mazzitello explained that residents can pay the assessment in full, with no interest, within 30 days from the date it is approved by the council. If residents prefer to refinance their home and use that equity to pay the assessment, that is up to them. At the 30 -day point, the assessment is conveyed to the county for collection through property taxes at six - percent interest. Ms. Reichenbach asked if residents can prepay the assessment at a discount prior to completion of the project? Mr. Mazzitello stated he is unaware of that type of provision. Sean Parnell, 838 Wagon Wheel Trail, thanked all for their time with this project. He stated Jeff Lory made a good point about resident's responsibility to do good things for the community. He stated he had moved to Mendota Heights five years ago because he liked the neighborhood and school system for his two children. His main concern is safety and several tunes his seven- year -old has been close to the end of the driveway when a vehicle speeds by, which is frightening. Mr. Parnell stated his daughters cross the street and walk to and from the school bus stop during very busy times of the day so that safety issue has to be addressed. He stated he will pay the assessment any day to keep his girls safe. November 16, 2010 Page 19 Evelyn Sunness, 2215 Alice Lane, stated her house was built seven years ago and the cul -de -sac is still like new. Mr. Ruzek stated Alice Lane was constructed ten years ago but to a substandard condition, with only one wear course, so a reconstruction is proposed to a nine -ton design. He advised that it would cost more to come in at a future date to reconstruct just the cul -de -sac portion but if directed by the council it could be removed from the project. Councilmember Duggan suggested staff indicate what the cost would be today versus the cost in the future to reconstruct just the cul -de -sac, with only those residents assessed at a future date. Mr. Mazzitello stated it could be estimated in today's dollars but would be difficult to estimate costs ten years into the future. He noted that it is being proposed at this time so there is an even wear course. Ms. Sunness asked why it was constructed to a substandard condition? Mr. Ruzek explained that municipal standards had increased since that tune. Rita Lahtonen, 854 Wagon Wheel Trail, stated she had talked with the Finance Director about deferral options and learned the assessment would be activated when there was a change in the title. She also learned that it was not possible to make a partial payment during the term of the assessment, it had to be paid in full at the county. With regard to safety, she stated she grew up on the iron range where children used their yards, not the streets. She stated that roads were made for vehicular traffic not people and suggested it was not a safety issue but a matter of a personal decision if someone wanted to walk on the street. Councilmember Duggan stated the council will not be making a decision on the project tonight and there may be a redrafted presentation so he would prefer to continue the public hearing to the next meeting when a full council was in attendance. Acting Mayor Vitelli stated he did not support that suggestion. Councilmember Krebsbach stated she supports continuing the public hearing to provide another opportunity for input and see if a consensus has been reached. She stated the November 16, 2010 Page 20 council will be making the decision and will take into account what is the best for the neighborhood. There being no questions or comments, Councilmember Duggan moved to continue the public hearing to the December 7, 2010, council meeting. Councilmember Krebsbach seconded the motion. Mr. Ruzek displayed the map of the area and drew circles around roads that did not have curb and gutter. Mr. Mazzitello named roads scheduled for reconstruction in future years in the street improvement plan. He advised that once the street improvement plan is completed, all streets in Mendota Heights would have curb and gutter. Acting Mayor Vitelli stated the vast number of residents have paid for curb and gutter and the city has a plan to improve the remaining streets by 2015, at which time all will have curb and gutter. He stated he does not support a street as important as Wagon Wheel Trail going ahead in a manner different than the city's plan. He stated this is, in his opinion, no longer a rural area because Mendota Heights is a city, 95 percent of its streets have curb and gutter, and been constructed in the mariner being proposed by engineering staff. Councilmember Krebsbach agreed the city had a standard but, since 1992, been more sensitive with neighborhoods on the width of streets and made exception for surmountable curbs so it is more tailored to the neighborhood. She again encouraged residents to look at other areas of the city, noting they all look wonderful. Councilmember Duggan stated that he also appreciates a rural feel but what is rural to one is not to another. He stated he likes surmountable curbs and helped Woodrich have that type of curb but now some Woodrich residents think they should have gone with concrete curb and gutter. He stated his appreciation for resident's input and expression of opinions in this democratic forum. Councilmember Duggan stated that with past projects residents have thanked the city, after the road reconstruction was completed, because they liked the end result. He commended residents for maintaining their yards and homes and for their patience tonight when the public WATERS DRIVE DEVELOPMENT AGREEMENT Ayes: 3 Nays: 0 OPUS TRANSFER OF OWNERSHIP November 16, 2010 Page 21 hearing was interrupted to make other presentations. Councilmember Duggan stated he looks forward to working with residents through this project however it is determined. Assistant to the City Administrator Sedlacek explained that at the November 2, 2010, meeting, the council had approved a building permit for 2253 and 2263 Waters Drive in a planned unit development (PUD) where two sites remain to be constructed. The building permit approved at the last meeting was for one of those sites. He displayed a diagram of the Waters Drive PUD and noted the location of the last site. Mr. Sedlacek stated the council had directed staff to work with the developer to amend the development agreement for the Waters Drive PUD to delete Phase II, establish a date for the completion of the parking lot as specified in the developer's agreement (June 15, 2011), and transfer of ownership. Staff has drafted the amendment to address these issues and recognize that Duff Investments currently holds the property and it will be transferred to DDK Construction. Mr. Sedlacek recommended approval of the first amendment to the developer's agreement and to authorize signature of the document. Councilmember Duggan moved approval of the first amendment to the Waters Drive development agreement, and to authorize the mayor and acting city clerk to sign the document. Councilmember Krebsbach seconded the motion. Assistant to the City Administrator Sedlacek explained that Tom Becker of Opus Design Build had informed the city in early October that Edward R. James Homes would be purchasing the remaining four undeveloped lots along Wachtler Avenue. Edward R. James Homes intends to build the two -unit condominiums exactly as approved in the planned unit development (PUD) the council approved in 2004, and provided in that documentation. As required by the contract for private development, Opus and Edward R. James Homes have documented the transfer of the property and Common Interest Community. Mr. Sedlacek stated Opus Design Build has asked the city to approve an Estoppels Certificate that associates the infrastructure of the PUD as being complete and acknowledging language in the development agreement November 16, 2010 Page 22 stating that when the infrastructure is completed and turned over to the city, the development agreement is terminated. Staff has reviewed the contract and verified all infrastructure improvements and all related paperwork has been completed as described. The city attorney found that all outstanding conditions have been met and recommends the city acknowledge termination of the development contract. Mr. Sedlacek read the draft resolution, noting additional language indicating: "WHEREAS, the remaining homes must be constructed in conformance with the planned unit development approval; and WHEREAS, park dedication fees for the four remaining units shall be paid with building permit application." Acting Mayor Vitelli stated he had asked staff to add the last two 'WHEREAS sections. Mr. Sedlacek stated the city wanted to assure the park dedication fee had been paid and would be received for the remaining four units. Councilmember Krebsbach asked if there were any drainage problems and if the landscape plan would be followed? Mr. Sedlacek explained the development agreement is specific to the infrastructure and engineering, which staff found was satisfactory. Issues like landscaping are handled under the PUD provisions. Councilmember Krebsbach asked if there is an additional open lot? Mr. Sedlacek verified that the only lots remaining are for the four twin homes. Councilmember Duggan moved adoption of Resolution No. 10 -97, "RESOLUTION ACKNOWLEDGING THE AUTOMATIC TERMINATION OF A CONTRACT FOR PRIVATE DEVELOPMENT." Councilmember Krebsbach seconded the motion. The council indicated it is pleased with this development. Councilmember Krebsbach said it feels great to be the Mayor -elect and she appreciates the good presiding done by Acting Mayor Vitelli. Councilmember Duggan announced the grand opening of Mendoberri on November 18, 2010. He also announced November 16, 2010 Page 23 that a local resident has opened a spa across the street from Mendoberri. He wished all a Happy Thanksgiving. Acting Mayor Vitelli commended Mendoberri for improving its service after its first days of being opened. He stated he found Mendoberri has a unique European menu and good chance of succeeding. He encouraged residents to try Mendoberri. Mr. Sedlacek announced the Mendota Plaza Holiday and Tree Lighting Event on December 2, 2010, from 6:00 p.m. to 7:00 p.m. and the Mendota Lights at the Village event on December 4, 2010, from 2:00 p.m. to 8:00 p.m. ADJOURN TO CLOSED SESSION Acting Mayor Vitelli advised the council would adjourn the regular meeting to closed session to consider the possible sale of city property located at 2144 Dodd Road at 9:55 p.m. Present in the closed session were the three councilmerbers, city administrator, assistant to the city administrator, city engineer and the city attorney. The closed session ended at 10:24 p.m. Jacitelli Acting Mayor ATTEST: Nancy Baer Acting City Clerk