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2007-10-02 City Council minutesOctober 2, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 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 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 Krebsbach, Schneeman and Vitelli. Councilmember Duggan was excused. Council, the audience and staff recited the Pledge of Allegiance. Mayor Huber recommended deleting 6a. as there were no Planning Commission minutes in the packets to review, as well as 6j. because the Council will discuss the NDC4 budget at another meeting. Councilmember Schneeman moved adoption of the agenda, revised to delete items 6a and 6j. Councilmember Vitelli seconded the motion. Councilmember Schneeman moved to approve the minutes of the September 18, 2007 City Council Meeting as corrected. Commissioner Vitelli seconded the motion. Councilmember Vitelli moved approval of the consent calendar as revised, pulling items 6.d and 6.i for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the August 2007 Building Report. b. Acknowledgement of the Treasurers Report from August 2007. c. Acknowledgement of Fire Department August 2007 Monthly Report. October 2, 2007 Page 2 d. Acknowledgement of Pilot Knob — Phase II Update. e. Authorization for Purchase Order for Fire Department to Purchase Turnout Gear. f. Authorization for Purchase Order to Replace Pump Guide Rails at the Culligan Lift Station. g. Authorization for Bonestroo to Provide Additional Engineering Services for the Avenues and Kay/Walsh Street Reconstruction Projects. h. Authorization for Staff to Prepare Letter to City of Lilydale Regarding Comprehensive Plan Amendment for 1124 Sibley Memorial Highway. i. Approval of Sign Permit for AppTec at 1201 Northland Drive. j. Approval of Claim for Damage due to Water Main Break. k. Approval for Amendment to Development Contract for LeMay Shores. 1. Approval of Jake Sedlacek's Successful Completion of Probationary Period. m. Adoption of Resolution No. 07-97: "A RESOLUTION REQUESTING PROJECTS FOR INCLUSION IN DAKOTA COUNTY'S 2008-2012 CAPITAL IMPROVEMENT PROGRAM." n. Adoption of Resolution No. 07-98: "A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENT ROLL, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE IVY FALLS NEIGHBORHOOD STREET RECONSTRUCTION PROJECT (PROJECT NO. 200603)." o. Adoption of Resolution No. 07-99: "A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENT ROLL, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE COPPERFIELD NEIGHBORHOOD STREET RECONSTRUCTION PROJECT (PROJECT NO. 200613)." p. Approval of the List of Contractors dated September 28, 2007. q. Approval of the List of Claims dated September 28, 2007 totaling $166,875. 88 Commissioner Vitelli seconded the motion. Ayes: 4 Nays: 0 October 2, 2007 Page 3 Mayor Huber gave recognition to Item 6.n. and said Mr. Sedlacek has done an excellent job with the City and thanked him for all his work. Item 6.i: Mayor Huber asked for discussion regarding Staff's request to prepare a letter to the City of Lilydale with their comments regarding Lilydale's wishes to amend the Comprehensive Plan for the property at 1124 Sibley Memorial Highway. The Lilydale City Council approved a change in land use from passive open space to multi - family residential. Mayor Huber said he knows there is some misinformation circulating, and there seems to be a misperception that the City of Mendota Heights somehow has veto power or a determinative factor in how Lilydale goes forward. Mayor Huber said because the City of Lilydale is going forward with this request for a comprehensive plan amendment, the process calls for the neighboring cities to have the opportunity to comment on this. Staff has suggested as a starting point that the City of Mendota Heights would suggest that this land be developed as single family, not multi- family. The City of Mendota Heights has no authority to stop Lilydale from what they are doing. Mayor Huber said his personal feeling is that he does not wish to tell other cities what to do. Mayor Huber said this piece of land is less than an acre, and the City of Mendota Heights would never accept a land dedication of .8 acres and he feels that single family would be better than multi - family. Mayor Huber said the City Council's job in this meeting is to direct staff on a letter of comment for review at the next City Council meeting. Councihnember Vitelli said in colnlnunicating with the City of Lilydale, the City of Mendota Heights can suggest that it would be in favor of single family, and should not issue any directive to the City of Lilydale. Mayor Huber said this letter will be going to the Metropolitan Council, and residents can make their comments directly to Met Council, as the Met Council will be making the ultimate decision on this amendment. Councihnember Krebsbach said the City of Mendota Heights has the legal right to offer an opinion, and this should not be October 2, 2007 Page 4 considered way getting into Lilydale's business. Councilmember Krebsbach said this parcel may be less than an acre, but it is a very significant piece of land, consisting of green space which keeps all of this area as a natural bluffline. Because of this, Mendota Heights continues to be distinctive from St. Paul and the bluffline adds to our value. Lilydale has a unique opportunity, which they have not exercised in the history of the city that she can tell, to preserve green space. Councilmember Krebsbach said she realizes that Lilydale's budget is tight, this has been no secret - it was reported in the St. Paul Pioneer Press, and this is why they want to sell this property. Councilmember Krebsbach said would encourage the City of Lilydale to hold on to this parcel and look at more options. Councihnember Krebsbach said she was first and foremost in favor of this parcel to remain as green space as it is a treasure. The City of Mendota Heights has invested resources in Pilot Knob and is looking to preserve as much green space as possible at Mendota Plaza. Open space is valuable and for the City of Lilydale to put multi family there would hurt their own property values. Councilmember Krebsbach said she would like to have her comments recorded in the letter to the Met Council. City Administrator Jim Danielson said this letter is due to the Met Council before the next City Council meeting, and therefore, Staff will need to draft this letter and send it to City Council in their packets. Public Works Director Sue McDermott said she needs to get comments tonight in order to submit this letter within the 30 -day timeframe. Mayor Huber said he would like to see this property kept as open space, but if the land use is changed, it would be his preference to have it zoned single family residential as most all of the land along this highway is single family residential. Councilmember Schneeman said she is in total agreement with the comments made by Councilmember Krebsbach and that John Thompson donated this land as open space. Councilmember Schneeman said she has personally known Mr. Thompson and knows that this is what he would have wanted. Councilmember Schneeman said she believes there is a tremendous amount of interest from the residents of Lilydale to keep this parcel as open space, and this would be Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 PUBLIC COMMENTS October 2, 2007 Page 5 her first choice. Councilmember Schneeman said if the property has to be sold, then it would be best to sell as single family. Councilmember Schneeman said she would like to have her comments also recorded in the letter to the Met Council. Councilmember Vitelli said this letter should reflect the opinion of the City of Mendota Heights that open space is the most desirable, and should this property be sold, it should be sold has single family, and then thirdly, be sold as multi- family as a last resort. It would be the opinion of the City of Mendota Heights that it would be hoped that the third option is never exercised. Mayor Huber said it seems the City Council is all in agreement that this property should not be sold and used as multi - family. Councilmember Schneeman moved to direct staff to prepare a letter to the Met Council with the opinion that the City of Mendota Heights would like to see this parcel remain open space; and should the City of Lilydale have to sell this property, it would be recommended that the City of Lilydale then designate the land use as single family residential to keep with the character of that section on Highway 13; and that the City of Mendota Heights opposes any multi - family residential land use on this parcel. Councilmexnbers Krebsbach and Schneeman both asked that their statements be included in this letter. Commissioner Vitelli seconded the motion. Item 6. d: Councilmember Schneeman noted that this was the busiest month out of the year for fire calls, and thanked the department for their hard work and contributions. Councilmember Schneeman moved to acknowledge the Fire Department August 2007 Monthly Report as presented. Commissioner Vitelli seconded the motion. Mr. Roger Junnila, 1096 Ivy Hill Drive, spoke about unleashed dogs running the in park behind his home and requested the City place adequate signage in the park to let people know they have to leash their dogs. CASE NO. 07 -36, OLSON Ayes: 4 Nays: 0 October 2, 2007 Page 6 Mrs. Junnila recommended that the City consider putting in a dog park within this park. Council acknowledged an application from Mr. David Olson for a conditional use permit and critical area permit to allow construction of an accessory building at 1049 Douglas Road. Assistant to the City Planner Jake Sedlacek reviewed a map showing the location of 1049 Douglas Road, which is a parcel zoned R -1 Single Family. The applicant is seeking to construct an accessory building on this property, which is located within the Critical Area Corridor. Mr. Sedlacek shared a drawing of what the proposed shed will look like. Mr. Sedlacek said the Planning Commission recommended (6 -0) approval of this application. Councilmember Schneeinan moved adoption of Resolution No. 07 -100, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1490 DOUGLAS ROAD." Commissioner Vitelli seconded the motion. CASE NO. 07 -37, MALDONADO Council acknowledged an application from Mr. Jorge Maldonado for a wetlands permit to allow him to clear brush and construct a walking path with a sitting area overlooking a pond in his rear yard at 2496 Bridgeview Court, which is a parcel zoned R -1. Mr. Sedlacek shared a drawing of what the proposed pathway will look like, and noted the widened area by the pond to allow for a bench. Ayes: 4 Nays: 0 CASE NO. 07 -38, CHAVEZ Mr. Sedlacek said the Planning Commission recommended approval (6 -0) of this application. Councilmember Vitelli moved adoption of Resolution No. 07 -101, "A RESOLUTION APPROVING A WETLAND PERMIT AT 2496 BRIDGEVIEW COURT." Commissioner Schneeman seconded the motion. Council acknowledged an application from Mr. Ed Chavez for a critical area permit to allow replacement an expansion of an existing deck at 1813 Lexington Avenue. October 2, 2007 Page 7 Mr. Sedlacek briefly reviewed the application and stated that the Planning Commission recommended approval (6 -0) of this application. Councilmember Schneeman moved adoption of Resolution No. 07 -102, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AT 1813 LEXINGTON AVE. SO." as presented. Commissioner Vitelli seconded the motion. Ayes: 4 Nays: 0 CITY OWNED PROPERTY Council acknowledged a memo from Public Works Director McDermott regarding sale of the city owned parcel at 2144 Dodd Road (old fire station site). Councilmember Krebsbach asked for clarification that this parcel is on Dodd Road and will be sold for residential. Mayor Huber said that was correct, and the City will post this for sale to see what kind of bids are received. Mayor Huber welcomed Mr. John Stern, City Attorney, who is sitting in for City Attorney Diehm. Mayor Huber asked Mr. Stern if it was the case that any potential buyers will need to be made aware of any runoff issues. Mr. Stern said that was correct. Councilmember Krebsbach said there should be some restrictions in the sale that any potential buyer will need to adhere to certain height restrictions. Mr. Stern said special conditions could be placed and the City, as the seller, has the right to place deed restrictions to avoid any issues with "spot zoning." Mayor Huber said he feels there should be no restrictions imposed on the sale of this property, as it may make this property unsaleable. Councilmember Schneeman said the City needs to be up front on any issues, and feels that this property has a lot of options. Councilmember Vitelli asked what the selling price will be. Ms. McDermott said the property will have to be appraised, and it looks as though it could in the neighborhood of $61,300. October 2, 2007 Page 8 Councilmember Vitelli said he believes this process would be better served to retain a real estate agent to sell the property. Councilmember Vitelli moved to instruct Staff to retain a real estate agent to work with the sale of the property, located at 2144 Dodd Road. Commissioner Schneeman seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Huber announced the upcoming Halloween bonfire that will be held on October 31st from 7pm to 9pm. ADJOURN Ayes: 4 Nays: 0 ATTEST: Mayor Huber spoke about the upcoming National Fire Prevention Week — October 7th to 13th, and the Fire Department's Open House on October 13th from 10:00 am to 3:00 pm. Councilmember Krebsbach said the Fireman's Ball will be held on November 3. Councilmember Schneeman said work has begun on the trail along the Highway 110 frontage road. Councilmember Vitelli gave his compliments to Mr. Sedlacek on his fantastic work and welcomed him as a permanent city employee. There being no further business to come before the Council, Councilmember Schneeman, moved to adjourn the City Council meeting. Councilmember Krebsbach seconded the motion. Time of Adjournment 8:20 p.m. Rebecca Shaffer Recording Secretary