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2007-03-06 City Council minutesPursuant to due call Heights, Minnesota Heights, Minnesota. CALL TO ORDER March 6, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 2007 and notice thereof, the regular meeting of the City Council, City of Mendota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, and Vitelli. Councilmember Schneeman was excused. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the agenda as presented. Councilmember Vitelli seconded the motion. Councilmember Vitelli moved to approve the minutes of the February 20, 2007 City Council meeting minutes as corrected. Councilmember Duggan seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the February 27, 2007 Planning Commission Meeting. b. Acknowledgement of the February 2007 Building Activity Report. c. Authorization for Issuance of Temporary Liquor License for St. Thomas Academy. d. Authorization for Investigator Car Replacement/Sale. e. Authorization for Purchase of 800 MHz Radio Equipment. f. Acknowledgment of the resignation of Pat Hinderscheid from the Planning Commission, and approval of the appointment of Ansis Viksnins to the Planning Commission and Sally Lorberbaum to the Ayes: 4 Nays: 0 PUBLIC COMMENTS g. March 6, 2007 Page 2 Airport Relations Commission Approval of Rescheduling April Planning Commission Meeting and Setting City Council Canvassing Board Meeting. f. Adoption of Resolution No. 07 -17: "JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM MENDOTA HEIGHTS AND ANNEXATION TO EAGAN OF O'NEILL DRIVE PURSUANT TO MINN. STAT. §414.061 ". g. Approval of the List of Contractors. h. Approval of the List of Claims dated March 6, 2007 and totaling $62,780.36. Councilmember Krebsbach seconded the motion. Rhonda Simonson, representing Vote No Par 3, asked for clarification on the "frequently asked questions" on the city's website regarding the Par 3. The group would like some of the website information changed as the "Vote No" group has found some inaccuracies in this information. Ms. Simonson asked that Mr. Bonine's name be removed and replaced with the Vote No Par 3 website address instead. Ms. Simonson said there is currently a phone number listed for one individual that needs to be removed as soon as possible. There is a way for residents to get a hold of the "Vote No" group by sending their correspondence to P. O. Box 50663, Mendota, MN 55105. Assistant City Administrator Jake Sedlacek asked that Ms. Simonson contact him with the necessary changes. Ms. Simonson said past City Council minutes show that there have been some discussions from both sides of this project — the Vote No and the Vote Yes committees and said she would be happy to answer any questions. Mayor Huber said Mr. Bonine and Mr. John Hartman had time at the podium a few weeks ago. Mayor Huber said he hopes that both parties try to stick to what is factually correct information. Mayor Huber said there was some information in the "Highlander Villager" that suggests that the City is going to get a 5 -acre dedication with a proposed housing development and that information is wrong. March 6, 2007 Page 3 Mayor Huber explained the process of the land dedications and cash dedications that the City receives with new development. Mayor Huber said the City cannot take any official stance on this referendum and Staff will work very cooperatively to answer questions coming from the residents to clear any misinformation or misconceptions. City Administrator Jim Danielson said the new Heights Highlites will be coming out shortly with updated information. Ms. Simonson asked if the City would consider opening City Hall up for public debate. Mayor Huber said the two committees would have to set up this kind of activity via other avenues, such as NDC4, to sponsor any debates as the City cannot be involved in this. Mayor Huber said he has respect for people on both sides of this issue and has confidence that these people will self - police themselves. Councilmember Duggan said in addressing a question that was presented to him about the proposal and what would happen to the land if the land were to have houses on it, and he had indicated that the land could have up to 19 houses depending on what a developer would bring forth. In answering this question, Councilmember Duggan referred to a plan that showed a 30% open space but assured the residents that there are currently no proposals on the table at this time. Ms. Simonson continued asking questions regarding how a development would look on this property. Mayor Huber said the comprehensive plan amendment that was approved is an R -1 -A Planned Unit Development, and under Planned Unit Developments, the City does not necessarily require exactly 40,000 square feet around each individual house, however all of that land is owned by the total of the homes built. Mr. Danielson said that was correct. Mayor Huber said the conception of any space that is left open within a particular be viewed as public property. Councilmember Duggan said the City requires a minimum of 40,000 square feet per lot with a 150 -ft. frontage on each lot, but with the PUD, there could be some minor variations. HEARING: CASE 07 -05 LARRY GOFF March 6, 2007 Page 4 He further stated that the city, at this time, has no idea what a developer might bring forward. Councilmember Krebsbach said the City has two good options and feels very comfortable that the City would have good options if 1) the Par 3 continues to operate, or 2) a development could be built with the R -1 -A zoning. Councilmember Vitelli said he hopes that letters to the editor, flyers, and other communications be factual and not be emotional and have facts distorted. There was a flyer put out a few weeks ago that was full of errors and distortions, which is very upsetting. The press has been quite accurate except where they have said that the Mayor favors one side and other council people favor the other side. Councilmember Vitelli said the press should work to get their facts correct and follow up with the council members to get the right information. Councilmember Vitelli said he is confident that the residents will make a good decision based on their voting and he is comfortable with whatever decision is made. Councilmember Vitelli said the press has otherwise been extremely accurate and has not picked up some of these distortions that were in the flyer that was distributed by Mr. Bonine. Ms. Simonson said this flyer was put together by some people as they were getting "caught up in the moment ". Ms. Simonson commended Staff for their work. Councilmember Vitelli said he received his Heights Highlites and said the information in there has been presented very well and is factual. Ms. Simonson said the City has wonderful parks but does not feel that it would not be a shining moment should the City continue to operate the Par 3 as it is a very weather - dependent business. Mr. Sedlacek reviewed the application in which the resident, who resides at 675 Marie Avenue, is asking for a wetlands permit to allow the construction of a porch addition. Mr. Sedlacek said the proposal is to replace the existing deck on the back of the home with a three- season porch. Mr. Sedlacek said this application meets all city requirements and it was recommended by the Planning Commission by Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CASE NO. 07 -04 LEMAY SHORES March 6, 2007 Page 5 unanimous vote to approve this wetland permit. There were no residents at the Planning Commission to speak to this application, but Staff has received four phone calls from residents inquiring about the nature of the project. No other feedback was received at this point. Councilmember Krebsbach asked about one of the neighbors who received a variance for a deck. A resident in the audience stated that an addition was put on the house to the right of the Goff property a few years ago. Mr. Larry Goff, 675 Marie Avenue, showed a picture of what the proposed addition would look like. Mayor Huber opened the public hearing. There being no questions or comments, Mayor Huber asked for a motion to close the public hearing. Councilmember Duggan moved to close the public hearing. Councilmember Vitelli seconded the motion. Councilmember Vitelli moved adoption of Resolution No. 07 -18, "A RESOLUTION APPROVING A WETLANDS PERMIT AT 675 MARIE AVENUE." Councilmember Krebsbach seconded the motion. Public Works Director Sue McDermott reviewed the PUD, Preliminary Plat, and Wetland Permit application for Lemay Shores. Ms. McDermott said a public hearing was held at the last Planning Commission. This project consists of a 60 -unit twin home subdivision located on the west side of Resurrection Cemetery. Ms. McDermott presented a layout for review. Ms. McDermott said the Planning Commission recommends approval by unanimous vote. Ms. McDermott said there are several conditions on this application which the Planner recommended: • that all information regarding drainage and utilities shall be subject to a review by the Public Works Director March 6, 2007 Page 6 • street construction and cul -de -sac configuration to be modified according to the recommendations of the Public Works Director • conservation easements be placed over the open space around the lakes and wetlands • MAC recommendations relating to Met Council's comprehensive plan approval that was approved in February. Those conditions relate to airport noise mitigation and the developer has agreed to comply with all of those conditions Councilmember Krebsbach asked about the site lines, and an issue of residents seeing car lights from cars coming in and out of driveways. Ms. McDermott reviewed Exhibit D which shows three locations of the area with cross - sectional views which indicate how the homes will be positioned by the lake. Ms. McDermott indicated where the trail connections and drainage easements would be located. Councilmember Duggan said he has concern for the size of the turnaround for a fire truck. Ms. McDermott said the standard calls for a 49 -ft radius and will follow up on the details with the Engineering Department. Councilmember Duggan said there were some concerns for congestion and minor traffic generated and feels that this type of development will not be a major challenge to anyone. Councilmember Duggan asked about the traffic speed. Ms. McDermott said there were some concerns expressed at the public hearing about the speed of Lemay Lake Road, which is currently 45 -mph. Ms. McDermott said she contacted MnDOT regarding the speed limit on Lemay Lake Road to see if it can be reduced. Councilmember Duggan pointed out where the wetland areas are for the permits to be applied to. Councilmember Duggan spoke about the distances between several of the homes and the possibility of applying the string rule to some of these homes to position them slightly differently. Mayor Huber said he believes that the string rule does not apply to a PUD. Councilmember Duggan said he is using this tool to better position the homes for aesthetic purposes only. March 6, 2007 Page 7 Councilmember Duggan said he would recommend that a "no trespassing" sign be placed on the emergency access road. Ms. McDermott said this road will be blocked from public access and will have notification that this is an emergency road only. Councilmember Duggan asked if the units could be placed slightly different to give more room in the turnaround for fire access. He stated that 2,900 ft is a very long cul -de -sac. Ms. McDermott said the fire chief has reviewed this plan and had several comments, but felt that the cul -de -sac and bump -outs would be adequate. Councilmember Krebsbach asked Ms. McDermott to indicate on the map all the open spaces. Councilmember Vitelli said he thinks this plan is excellent. Councilmember Duggan complimented the applicant for the materials that have been submitted being superior then anything he's seen in the four years he has spent on the Council. Councilmember Vitelli said with the track record of this developer, he is not too worried about all the smaller details. Peter Coyle, attorney representing Hoffman- Mendota Shores, LLC, was also joined by Pat Hoffman, applicant, and his project engineer. Mr. Coyle said when this discussion process was started, in a very early conceptual stage, up to the formal concept stage that was reviewed about a year ago, the project started with approximately 72 units, and since has been reduced to 60. Mr. Coyle reviewed the plans and answered questions from the Council. Councilmember Krebsbach said the applicant has done an excellent job and expressed her concerns with the cul -de -sac. Mr. Coyle does not know what will be done with the property to the south and will consult with Staff on this issue to open this area up more. March 6, 2007 Page 8 Mr. Hoffman assured the Council that these homes around the cul -de -sac will be equal to the homes on the main road. Councilmember Duggan said he was concerned about the size of the roofs, but with the lowering of the setting, the size of the roofs will be diminished and not be as noticeable. Colleen Kahn, 2370 Lemay Lake Road, said the developer has touted that they are environmentally sensitive and Ms. Kahn is very appreciative of that. Mrs. Kahn said it is her wish that the Council initiate an environmental study. Mrs. Kahn said this request went before the Planning Commission and nothing was done, and she feels that the residents are not being listened to in regards of this request. She said that 33 local residents have expressed a concern for having this study done. Mrs. Kahn spoke about the poor lake quality of the Augusta Lake, and the significant decline in wildlife that will occur if this development goes in. Councilmember Duggan asked Mrs. Kahn if she had done any research by asking Augusta Shores residents if they have seen a decline of wildlife since that development was built. Mrs. Kahn said anecdotally she has heard there is less wildlife, but no one actually made formal observations. Councilmember Duggan said the City Council has to abide by state statutes as well as city ordinances and, to his knowledge, there isn't any water runoff from the original Augusta Shores project into the lake. Councilmember Duggan said he believes that the shortest distance from any of those homes to the water is at least 100 -ft., which is why the City imposes the 100 -ft. wetland delineation mark for protection of the wetlands. Councilmember Duggan said that to say the Augusta Shores project exclusively was responsible for the deterioration of the lake there, he would ask for scientific facts to back that up. Councilmember Duggan said however that homes that were around this area for many years may have contributed to the deterioration of the lake. Mrs. Kahn said that is probably quite likely. Councilmember Duggan said it was unfair to associate the concept of possible deterioration with this proposal and Staff has plans and stringent regulations to protect this wetland with protective barriers and other procedures to stop any March 6, 2007 Page 9 runoff into the lake. Mrs. Kahn said she is not convinced that curbs protect from lawn chemicals. Councilmember Krebsbach said when she asked the applicant to move the homes further away from the lake, which has enabled the conservation easement to be in place and the town homes will largely be located across the road so there will be no runoff from those properties. Ms. McDermott said the storm sewer will drain to a storm water pond that filters out sedimentation and other impurities. In the last couple of years, the State of Minnesota has outlawed the use of fertilizers with phosphorus in them. Ms. McDermott said the Council also approved Staff to join the Citizens Lake Monitoring Program that the Met Council has initiated. Water testing at Augusta and Lemay will begin and will be monitored over time. Councilmember Krebsbach asked if the few yards abutting the lake will be manicured or natural state. Mr. Coyle said the conservation easement will run along there and there will be restrictions that will allow yards around the house, but everything off the back will be protected and not altered. Mr. Coyle pointed out to the audience and Council where the conservation easement will run. Mrs. Kahn said she appreciates the comments on the water quality and the efforts that were made to help preserve this, but this is not only about the water quality. Mrs. Kahn asked why an environmental study cannot be done. City Attorney Tami Diehm said the City Council, as a body, can request an environmental review if they determine that they would like to have one done. This does not fall into one of the mandatory categories, so it would be at the choice of Council. A citizen could, however, request an environmental review by going to the EQB, at which point the Council would be named as the responsible governmental unit and would have to go through the process of determining whether or not an environmental review is appropriate. At this stage, if the Council were to initiate an environmental review, it would be because the Council has determined that there is the potential for significant environmental affects from this project. March 6, 2007 Page 10 Mayor Huber asked if it were the consensus of the Council at this time to move forward with this, would they have to have any specific finding or determination regarding such study. Ms. Diehm said in the resolution that is before the Council, Staff has worded the resolution in such a way that by adopting this resolution, the Council would be approving this with all the findings of fact as listed, which would be sufficient; and if the Council feels that this project is appropriate, the permits that will be granted are appropriate at this time. Councilmember Duggan gave a copy of this resolution to Mrs. Kahn. Councilmember Krebsbach said her home has no development behind her and has a similar layout on a cul -de- sac as these proposed units do. Councilmember Krebsbach said she has the same wildlife as Mrs. Kahn mentioned, and thinks they migrate. Councilmember Krebsbach said, as a homeowner in the same type of environment, she is comfortable with this development. Councilmember Vitelli said he has the same thoughts on the wildlife, and although he lives in a much denser area, he still sees much wildlife. Councilmember Vitelli said he does not see any need for an environmental review of this project. Mrs. Kahn asked for clarification on the roadway speeds. Ms. McDermott said Lemay Lake Road currently exists in MnDOT's right of way. Ms. McDermott said she is going to request that Mn.DOT return that right of way back to the City so the City will have control of it. Right now, if the City wants them to look at the speed, but it could take quite some time. Ms. McDermott said she agrees that 45 -mph is high for this roadway. Mrs. Kahn asked about the tree density and the trees damaged due to oak wilt. Mr. Coyle explained to her the process of the tree removal. Councilmember Vitelli moved adoption of Resolution No. 07 -19, "A RESOLUTION APPROVING A DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT, AND WETLANDS PERMIT FOR LEMAY SHORES." Councilmember Krebsbach seconded the motion. COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 March 6, 2007 Page 11 Councilmember Duggan complimented Mrs. Kahn for her excellent questions and concerns, and demonstrating outstanding citizenship and stewardship. Councilmember Duggan congratulated St. Thomas Academy on their recent athletic successes. He informed Council that the Wine Market and Sage Bar have two excellent advertisements in magazines. He informed the audience that the Wine Market and Sage Bar will be holding an Italian wine and dinner on March 19. Councilmember Duggan stated that Dave Herridge sent a letter regarding transportation to the City and suggested this letter be sent to the Planning Commissioners as they start preparations for the comprehensive plan. Councilmember Duggan expressed congratulations to all the newly appointed commissioners, as well as the newly elected Chair Chris Dolan and Vice Chair Joe Lally on the Planning Commission. There being no further business to come before Councilmember Vitelli moved to adjourn the City Council meeting to closed session for discussion on the police department labor contract. Councilmember Duggan seconded the motion. Time of Adjournment: 8:45 p.m. AT'1'.E✓S Recording Secretary