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2007-03-20 City Council minutesMarch 20, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 20, 2007 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the agenda as revised. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of the March 6, 2007 City Council meeting minutes as corrected. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Schneeman CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Approved Minutes from the February 14, 2007 Airport Relations Commission Meeting. b. Acknowledgement of the Minutes from the March 13, 2007 Parks & Recreation Commission Meeting. c. Acknowledgement of the NDC4 Meeting Agenda. d. Acknowledgement of the February 2007 Treasurers Report. Ayes: 5 Nays: 0 PUBLIC COMMENTS AWARD PRESENTATION VERN EDSTROM March 20, 2007 Page 2 e. Acknowledgement of the Fire Department February 2007 Monthly Report f. Authorization for Cancellation of March Planning Commission Meeting. g. Authorization to Attend the 2007 Fire Department Instructors Conference. h. Authorization for Traffic Study on Mendota Heights Road. i. Authorization to Purchase Cabinets for Emergency Operations Center. J. Approval of Fire Department Pager Purchase. k. Approval of 2007 Street Sweeping Bid. Adoption of Resolution No. 07-20: "A RESOLUTION RENEWING A CONDITIONAL USE PERMIT TO LINDER'S GREENHOUSES TO OPERATE A TEMPORARY SEASONAL GARDEN UNDER CERTAIN CONDITIONS." m. Adoption of Resolution No. 07-21: "RESOLUTION APPOINTING SPECIAL ELECTION JUDGES". n. Approval of the List of Contractors licensed dated March 20, 2007. o. Approval of the List of Claims dated March 20, 2007 and totaling $225,247.27. Councilmember Krebsbach seconded the motion. Mayor Huber reviewed some upcoming events: - April 24" — Par 3 Special Election - May 5th - City Spring Cleanup - June 2nd — 5K Run/Walk Mayor Huber presented an award to Mr. Vern Edstrom, for his years of service as an Airport Relations Commission member. HEARING: PILOT KNOB PHASE II March 20, 2007 Page 3 Public Works Director Sue McDermott reviewed the Pilot Knob Phase II in which the City needs to hold a public hearing to hear cormnents regarding the City's proposed acquisition of land from Acacia Cemetery for the preservation of Pilot Knob. Ms. McDermott introduced Bob McGilivery from the Trust for Public Land (TPL). Mr. McGilivery shared a power point presentation about TPL, whose mission is to preserve land to help communities acquire parks and natural areas. This organization has been in existence for over 35 years and has protected over two million acres of land. This organization has about 450 employees through the United States. In Minnesota, this organization has protected over 30,000 acres. Mr. McGilivery reviewed the three basic services they provide: Conservation Vision — helping communities determine how they want to grow and what areas they want to set aside. Conservation Finance — help with bond referendums Conservation Transaction — help with the process of acquiring land for communities, working with land owners through due diligence, appraisals, and other necessary assessments. Mr. McGilivery shared the history of Pilot Knob and explained how TPL can help with this parcel. In showing pictures of the property, Mr. McGilivery explained how any development will only hurt the landscape of this area, especially when viewing it from the Dakota County Regional Trail and the Fort Snelling/Mendota Bridge areas. Mr. McGilivery said this area is very important to the Dakota people, and is viewed as a place of healing and ceremony. Mr. McGilivery said any development would create a threat from additional impervious surface runoff and erosion of the bluff, as well as taking away the beauty of the area. Mr. McGilivery said they are very happy that the City has indicated their intent to put forth $400,000 toward the purchase of this land, and Dakota County will also be contributing $400,000 to this acquisition as well. These funds will be coming from the Dakota County Farmland and Natural Areas Program. TPL will be applying for additional funds — both private and public. The total appraised fair March 20, 2007 Page 4 market value of the property is $1,880,000. These grant applications will be going in at the end of March and TPL has been working with city staff with this process. The decisions on the grants should be known by the end of June /July. It is hoped that a closing would take place sometime during the fall of 2007. Councilmember Duggan commended the TPL for their work in supporting the City and their endeavors to purchase this property. Councilmember Schneeman expressed her thanks to Dakota County for their support and funding. Mayor Huber opened the public hearing. Celeste Riley, 1013 London Road, is a member of the Sierra Club and expressed her appreciation for the City's involvement in this project. Gail Lewellen, President of the Pilot Knob Preservation Association, lives at 656 Sibley Memorial Highway. Ms. Lewellen said the Association supports the application of the City to acquire this land. Ms. Lewellen spoke about the Association and its activities. Ms. McDermott said the scope of the project is to combine and protect this 15 -acre site with the Pilot Knob — Phase I site which was acquired in 2005 and to restore to native prairie and savannah habitats that were present in the mid - 1800's. Acquisition of this property is anticipated in the fall of 2007. After that, restoration will take approximately three to five years and beyond that time, the City will continue with the maintenance of the property. The overall cost is $1.9 million to acquire the land and the City is proposing to pay for this through grants, city contributions, private contributions, and the DNR and Dakota County grants. None of the costs will be assessed directly to the citizens of the community. Ms. McDermott said other project costs, such as maintenance, site preparation, seeding/plant establishment, tree planting, and any other improvements such as trails, parking, and any maintenance up to twenty years, the anticipated costs are to be about $249,000. These costs are rough estimates and as with the Phase I at a certain point, Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING: KIPP ADDITION IMPROVEMENTS March 20, 2007 Page 5 staff hired Great River Greening to prepare a more detailed restoration plan. There being no further questions or comments, Councilmember Vitelli moved to close the public hearing. Councilmember Duggan seconded the motion. Councilmember Vitelli moved adoption of Resolution No. 07 -22, "A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO APPLY FOR THREE GRANTS WITH THE STATE OF MINNESOTA FOR THE PILOT KNOB -PHASE II ACQUISITION." Councilmember Krebsbach seconded the motion. Public Works Director Sue McDermott reviewed the history of the project. In 2001, Mr. Ira Kipp received final plat approval for the Kipp Addition, which creates three additional lots off of Wagon Wheel Trail. In addition, Mr. Kipp and the City of Mendota Heights entered into a development contract which required Mr. Kipp to petition the City for street and utility improvements, as required through the Minnesota Statute Chapter 429 process. On February 6, 2007, the City Council accepted Mr. Kipp's petition and authorized Staff to prepare a feasibility report. That report was adopted on February 20, 2007 and the public hearing has been scheduled for this meeting, that being March 20, 2007. Ms. McDermott reviewed the proposed improvements, which include a one -way roadway circling in and out of this development. This one -way roadway design was approved by the City Council at the time of the plat approval, however at that time, the design was for a 24 -ft. wide roadway. Staff feels that this width is excessive for a one -way street, as well as adding unnecessary impervious surface, and recommends a 20 -ft wide roadway. Ms. McDermott said this 20 -ft. width would be adequate and will also allow enough room for emergency vehicles. Councilmember Duggan said he would agree that the reduction of the impervious surface is significant and if the 20 -ft width works, and the fire department is in agreement, March 20, 2007 Page 6 this works well. Ms. McDermott said all measurements will be carefully reviewed in the design process. Councilmember Duggan asked if the roadway will have appropriate signage. Ms. McDermott said there will be signs placed to indicate the one -way direction. Ms. McDermott said that a 24 -ft. width could encourage two -way traffic, and it's best to keep to the 20 -ft. Ms. McDermott said the total cost of the project is estimated at $136,372.00. The feasibility study recommends assessing the five lots in the amount of $27,274.00, which is splitting the total between the five lots (three newly created lots and two existing lots, being the Ratchye /Light property and the Kipp property. Ms. McDermott said the Pabst lot was exempted from assessments due to the fact that they donated right of way to the project. Ms. McDermott said a letter was received from Boyd Ratchye in opposition to the proposed assessments. Ms. McDermott said that Mr. Ratchye's property currently has access to Wagon Wheel Trail, and there is a possibility that his lot could be split and the most northern portion could be access by Wagon Wheel Trail. Ms. McDermott said in her discussions with the City Attorney, it is recommended that the City Council remove Mr. Ratchye from the assessment roll for the Kipp Addition Improvement. If this is done, the proposed assessments for the four remaining lots would be $34,093.00. Ms. McDermott said Mr. Ratchye's letter also expressed some displeasure of the 20 -ft wide roadway and met with Mr. Ratchye to discuss this design. Mr. Ratchye now feels more comfortable with the 20 -ft design and does not oppose this layout. Ms. McDeliilott said the Council should consider how this project will be funded. The development contracts states that "no public improvement costs will be assigned to the City ". Mr. Kipp has provided a $600 escrow for preparation of the feasibility study staff time has already exceeded that amount. Mr. Kipp has already hired an engineer who has put together a plan and specifications for the improvements. Mr. Kipp has expressed that he would like the city to pay for the cost of the engineer and then to pass on this cost within the assessments. The City has not done that in the past as that is a cost of development of the land. March 20, 2007 Page 7 Ms. McDermott said that since Mr. Kipp has hired an engineer, and the plans are substantially completed, if the Council were to pass the resolution before them, staff would bring plans and specifications to the next Council meeting for approval. Councilmember Duggan asked if this needs to go through the Planning Commission process. Ms. McDermott said no, and that the platting has already gone through the Planning Commission process. Councilmember Duggan said he was concerned about the change in the road width, and may be a substantial change. Ms. McDermott said she does not believe the Planning Commission would need to review this, and there are no other changes that the Planning Commission would need to review as well. Ms. McDermott said staff makes the following recommendations: The City Council consider removing 970 Wagon Wheel Trail from the proposed assessment roll. If the City Council chooses to move forward with the proposed assessment roll as it stands including 970 Wagon Wheel Trail, they would authorized staff to get a cost benefit appraisal so that it will be known what the benefit would be to 970 Wagon Wheel Trail. The cost for this appraisal would be approximately $1,500 and could be included in the assessments as well. The City holds the assessment hearing prior to awarding a contract to determine whether there will be any appeals to this special assessment. Ms. McDermott said there is no contingency to cover the excessive staff time that is being currently being spent on this project, and in the event that this project does not move forward, the City will bear the costs. Councilmember Schneeman asked if the engineer working on this project must work through her. Ms. McDermott said that was correct. Staff had been under the impression that Mr. Kipp's representatives would bid and construct the public improvements on their own with a revised development contract, all this being overseen by city staff This was incorrect as Mr. Kipp petitioned the City to complete the project as a City improvement project following the MN Statutes 429 process. Councilmember March 20, 2007 Page 8 Schneernan asked Ms. McDermott if she was satisfied with this plan. Ms. McDermott said she was. Councilmember Krebsbach asked for clarification on the four properties to be assessed the $34,093.00. Ms. McDermott said the development contract specifically excludes the Pabsts. She has contacted the City of Rosemount to see what they are assessing brand new lots, and most of their subdivisions are less, but they have one that is comparable to this one. Councilmember Krebsbach asked if the assessed lots would include the one lot that is being subdivided into four separate lots. Ms. McDermott said that was correct. Mayor Huber asked City Attorney Tami Diehm if she has reviewed this proposal and if she is in support. Ms. Diehm said she looked at the City's policy that has been generally followed for assessments as well as the development agreement and the proposal at hand. Ms. Diehm agrees with Ms. McDermott's recommendation. Councilmember Duggan asked if the City has reviewed the revised development agreement. Ms. McDermott said they have not because Mr. Kipp desired to follow the original development contract and followed the Chapter 429 process, which was to petition the City to install the improvements. Councilmember Duggan asked if it were true that Mr. Kipp's engineers and staff will be doing the improvements. Ms. McDermott said the City will be doing the improvements. Councilmember Duggan asked if there were wetlands along the property to the west of the proposed three new lots. Ms. McDermott said this area is wetland and has been approved with the plat. Councilmember Duggan asked that Staff review this stringently and move forward in the proper manner. Councilmember Duggan asked what the estimated cost to the three new homes in relation to who is paying for these improvements. Ms. McDermott said she believes this will be paid over the next 10 years. For the past few years the city has been charging 6% interest. Councilmember Duggan expressed his concern about saving trees in the area. Ms. McDermott said Mr. Kipp's representative assured the City that they would save as many Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 DISCUSSION OF SPECIAL PARK FUND REQUEST. March 20, 2007 Page 9 trees as possible. Councilmember Duggan said that although it's not been indicated on the maps, all the proper requirements on lot sizes and frontages will be adhered to. Ms. McDermott said they will be. Mayor Huber opened the public hearing. Mr. Boyd Ratchye, 970 Wagon Wheel Trail, explained how he lived on Rogers Lake, showing a picture of how his house is situated on the lake and said he has no interest whatsoever to subdivide his lot. Mr. Ratchye said he is fine with the plans for the proposed roadway. Councilmember Duggan commended Mr. Ratchye, and all of the other residents in the community that take extreme pride and good care of their properties. There being no further questions or comments, Councilmember Schneeman moved to close the public hearing. Councilmember Vitelli seconded the motion. Councilmember Krebsbach moved adoption of Resolution No. 07-23, "A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR KIPP ADDITION SITE IMPROVEMENTS, (JOB NO. 20005, IMPROVEMENT NO. 2007, PROJECT NO. 2)." Councilmember Vitelli seconded the motion. Assistant City Administrator Jake Sedlacek introduced this request from the Parks and Recreation Commission and MHAA for funds to improve some of the community's ball fields. Mr. Sedlacek said MHAA has prioritized the Civic Center site and has identified some improvements that they would like to have done to this field. One of the improvements they are seeking is a batting cage. Mr. Sedlacek and Mr. Gary Kullander, Operations & Projects Coordinator, reviewed the proposed improvements and how the field would be laid out. Ayes: 5 Nays: 0 DISCUSSION OF FOR PARK SIGNAGE. Ayes: 5 Nays: 0 DISCUSSION OF TRANSIT March 20, 2007 Page 10 The Parks and Recreation Commission is recommending that $21,000 be budgeted from the Special Park Fund. MHAA has indicated that they would like these funds be applied to the Civic Center Ball field. The City Council held discussions to have the layouts clarified, and what the exact costs will be. Some of these discussions included a retaining wall, fence moving, and possible affect of the nearby wetlands. Mr. Sedlacek offered infoiniation regarding possible grant resources for additional funding. Councilmember Vitelli expressed his concern that the costs in the report were not adding up to what the request seems to be asking for. Councilmember Vitelli said he supports this project, but would like to see a plan and have cost estimates presented. Mayor Huber invited representatives of MHAA to speak and answer questions. The Council asked Staff to work with MHAA to prepare plans and cost estimates to the next meeting. Councilmember Duggan moved to authorize staff prepare plans for Priority 1 and Priority 3 for the Civic Center ballfield and make recommendations as to where the funding should come from. Councilmember Vitelli seconded themotion. Mr. Kullander introduced a request from the Parks and Recreation Commission for the City Council to authorize $6,000 from the Special Park Fund for installation of infolinational signage for the parks. Public Works employee John Boland has expressed an interest in developing a design and patterns for these signs city employees will install these signs during any downtime that these employees may have. Councilmember Schneeman moved to authorize $6,000 from the Special Parks Fund for this project. Councilmember Vitelli seconded the motion. Ms. McDermott said Staff recently received a letter SYSTEM March 20, 2007 Page 11 from David Herridge, a Mendota Heights resident, expressing his concern with the lack of bus service in the area. In his letter, Mr. Herridge pointed out 30 locations that he feels are important and should be accessible by bus. Ms. McDermott said many of these locations are located in the study area for the Robert Street Transit Feasibility Study. The purpose of this study is to look at both short and long term transit alternatives in a corridor surrounding Robert St., including Highway 52, the Lafayette Bridge, and the Saint Paul Depot. This study is being led by Dakota County and has just gotten underway as both the steering committee and the technical advisory committees met last week. Councilmember Schneernan and Ms. McDermott were representing Mendota Heights at those meetings. Ms. McDermott has forwarded Mr. Het-ridge's letter to the Dakota County staff, who in turn shared it with their consultant and they will be going through some public input processes. Ms. McDermott said she will be informing Mr. Herridge on any upcoming events /open houses that will be held. Ms. McDermott said the County is willing to meet with the City Council and are interested in receiving feedback from the Council. The County would be available for either a workshop or a presentation at a regularly scheduled Council meeting. Councilmember Vitelli said he does not want to spend time on this and does not support this as there is not a big demand in the city for bus services. Councilmember Schneeman said she would support having the County come to a Council meeting as she believes the general public is really interested in the Robert Street Transit Study. Councilmember Krebsbach said this would be good to hear about, but does not believe that the City would be interested in all the stops. Councilmember Duggan asked if this project should come before the Planning Commission as they go forward with the upcoming consideration of the Comprehensive Plan. PURCHASE OF BOURN PROPERTY March 20, 2007 Page 12 City Administrator Jim Danielson said Mrs. Marian Bourn, 1181 Bourn Lane, desires to sell her home. Mr. Danielson said this property was scheduled for acquisition by the City with TIF to be part of a larger site that the City wanted assembled for redevelopment. Councilmember Duggan asked if there was a plan for all of this land, and asked what the zoning is. Mr. Danielson said this property, as well as the privately owned neighboring property, was zoned for business. Councilmember Duggan said this home is currently sitting in non - conformance. Mr. Danielson said this property does not have sewer and water hookups, and the street in poor condition. Councilmember Duggan asked if this property was near the proposed Lemay Lake Shores development. Mr. Danielson said the City's property abuts that development. Councilmember Duggan said he is in support of acquiring this property, and asked if anything can be done to acquire the other two remaining properties other than forcing those homeowners out. Mayor Huber said he appreciates the fact that the current neighboring homeowners wish to stay on their properties. Mayor Huber said it's been quite some time since the Council has had time to think about this parcel, and would like to have time for the Council to think about how and what they want to do with this property. Councilmember Krebsbach agreed and stated that the Council should think about other uses that could apply to this property. Councilmember Duggan asked if the Bourns are free to sell their property at any time and not have to wait for the City to reply. Mayor Huber said that was true. Councilmember Schneeman asked Staff for their input on this project. Mr. Danielson said he believes the City should acquire this as there are no public utilities and the road needs improvement, but that it is a good idea to have the City Planner look at the area and give some advice as to how to move forward. Ayes: 5 Nays: 0 COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 March 20, 2007 Page 13 Mr. Danielson said the air noise contours have changed in that area and it is less noisy than it was years ago, and perhaps the Planner may feel it would be appropriate to change the zoning to something else. Councilmember Kresbach said she thinks it would be a good idea to think about this parcel and consider options. Councilmember Vitelli moved to authorize staff to conduct some research, consult with the City Planner, and find out what the value of this property is, and bring their findings back to the City Council in one month. Councilmember Schneeman seconded the motion. Councilmember Krebsbach assured the residents that the motion that was passed allowing the $400,000 for the Pilot Knob property has been a project that the Council has been working on since October and that this was not rushed decision. Mayor Huber said he appreciated the support of Dakota County in this project. Councilmember Schneeman said St. Thomas Academy is vying for the State Basketball Tournament, and will be playing Winona. Councilmember Vitelli said he attended a concert at Mendota Heights Elementary School and spoke about the enthusiasm of the children, teachers and staff. There being no further business to come before Councilmember Vitelli moved to adjourn the City Council meeting to the Closed Session for discussion on pending litigation. Councilmember Schneeman seconded the motion. Time of Adjournment: 9:20 p.m. Rebecca Siva. e ATTEST: Recording Secretary Jo May