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2006-07-18 City Council minutesPage No. 1 July 18, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 18, 2006 Pursuant to due call and notice thereof, the regular meeting of the City Council 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: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmernber Duggan moved adoption of the revised agenda with the addition of item 1 Oh, discussion on closed session. Councilmernber Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmernber Schneeman moved approval of the amended minutes of the regular meetings held on May 16, 2006. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmernber Vitelli moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Agenda. b. Acknowledgement of the minutes from the July 11, 2006 Park and Recreation Commission Meeting. c. Acknowledgement of the May and June 2006 Fire Department Monthly Report. d. Acknowledgement of the June 2006 Building Activity Report. e. Authorization for purchase of 2006 3320 John Deere Tractor from Polfus Irnplement for their low quote of $15,122.79 after trade -in. f. Approval of the appointment of Sandra Ristine as a half -time police secretary along with authorization for her to work full -time until Cathy Ransom's retirement. g. Approval of Sign permits for 2296 and 2297 Waters Drive. h. Adoption of Resolution No. 06 -51, "A RESOLUTION APPROVING MINNESOTA DEPARTMENT OF NATURAL RESOURCES CONSERVATION PARTNERS AND Page No. 2 July 18, 2006 ENVIRONMENTAL PARTNERSHIP GRANT AND ACT AS LEGAL SPONSOR FOR GRANT NO. EP06 -004 SAVANNA." i. Adoption of Resolution No. 06 -52, "A RESOLUTION AUTHORIZING MENDOTA HEIGHTS TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP ". j. Adoption of Resolution No. 06 -53, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR RIDGEWOOD DRIVE SANITARY SEWER REHABILITATION (JOB #200604)." k. Approval of the List of Contractors. 1. Approval of the List of Claims dated July 18, 2006 and totaling $847,110.25. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 THE SAGE MARKET AND City Clerk Kathleen Swanson said an application was received from WINE BAR Mr. Robert Kowalski and a limited partnership for an on -sale wine license for the new Sage Market and Wine Bar that is being constructed in Town Center. All background investigations were completed and cleared. The application is complete and the fees have been paid. Ms. Swanson and Chief Aschenbrener recommend approval of this license. Since new licenses cannot be approved at ( j the first Council discussion, action on the license application cannot occur until the next Council meeting. Chief Aschenbrener said all background checks have been processed in accordance with all rules and regulations, looking for specific items related to liquor law violations and character law violations. Chief Aschenbrener said there have been no items found to be of concern. Councilmember Krebsbach asked if there are any considerations made for any affects on the community by an establishment serving liquor. Chief Aschenbrener said that is not one of the considerations in an investigation or consideration of a liquor application, as this is not required by law. Bob Kowalski, applicant, shared his pictures and gave an overview of the "European Market" type grocery store he will be building. Within this store, there will be a 50 -seat wine bar which will be separated by wall /entrance from the grocery store. In addition, there will be light entrees available for sale. The wine bar will encompass approximately 1,100 square feet. Hours of operation have been estimated to be 12:00 noon to 9:00 pm Monday through Thursday, and 12:00 noon to 11:00 pm on Friday and Saturday. Page No. 3 July 18, 2006 Ms. Swanson said the City has an ordinance that regulates the hours of operation based on state statute, and the hours being proposed by the applicant fall well within those guidelines. Councilmember Krebsbach said the residents are very interested in the grocery store, and asked the applicant to talk about the relationship between the grocery store and the wine bar, and the affects the wine bar may have on families with children. Mr. Kowalski said the grocery store area is over 3,000 square feet and feel that the children will be very comfortable as they will be able to enjoy deli services in the grocery store part and will have no need to be in the wine bar. Mr. Kowalski said he is planning on purchasing a large grill to hold barbeques outside, and donations from his profits will be given no non - profit organizations, such as the Boy Scouts. Mayor Huber asked the applicant for a target date. Mr. Kowalski said he would like to be opened by September 7th or 8th Councilmember Schneeman asked for more clarification on the waterfall. Councilmember Schneeman asked if there would be any outdoor dining. Mr. Kowalski said there will be seasonal dining outside. Councilmember Vitelli said he fully supports this application and said he has a tremendous amount of confidence in what Mr. Kowalski is planning. Mayor Huber opened the public hearing. There being no public continents, Councilmember Duggan moved to leave the public hearing open until the next meeting. Councilperson Krebsbach seconded the motion. Further Discussion Councilmember Vitelli said he would not be voting in favor as he feels that the hearing should be closed at this time and does not see the need for furthering the process. Councilmember Schneeman agreed. Ayes: 3 Nays: 2 (Schneeman, Vitelli) BID AWARD: DELAWARE City Engineer Sue McDermott said this bid award is for Delaware AVENUE STREET Avenue Street Reconstruction, and is a joint project with the City of RECONSTRUCTION West St. Paul, between Dodd Road and Annapolis. Bids were opened on Wednesday, July 11th and received two bids. Arndt Construction submitted the low bid at $824,789.70. Staff recommends approval of this award of bid. Arndt Construction has done numerous project with the City in the past, and Staff has Page No. 4 July 18, 2006 confidence in their performance. Ms. McDermott said Staff's estimate was slightly lower than this bid by about $21,000. When Staff recommended approval of the plans and specifications there was a 10% contingency on top of the $800,000 and in essence, the bid is still coining in lower than what was originally shared with Council. Councilmember Vitelli moved Resolution No. 06 -54, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR DELAWARE AVENUE STREET RECONSTRUCTION (CITY PROJECT NO. 200523). Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06 -19 Ms. McDermott reviewed Case No. 06 -19. The Planning OPUS CORPORATION. Commission has unanimously recommended approval of all of these items. Councilmember Schneeman said she would like to know how many Planning Commissioners are present when recommending cases such as this. Ms. McDermott said with this particular case, all the commissioners were present. Tom Becker, Project Manager with Opus Corporation, reviewed the application materials as follows: Replatting The Revised Final Plat has been slightly tweaked on some lot lines due to drainage issues. Mr. Becker reviewed the site map explaining the new lot lines and indicated how the drainage will flow. Mr. Becker said the rock excavation for the pond was more than anticipated, but the rock was re -used for the classified under the roadway. Monument Signs Mr. Craig Nelson, representing Damon Farber Associates, is the landscaping architect on this project. Mr. Nelson explained how the monuments would look like and how they would be placed. Mr. Nelson provided drawings that show how the entrances would look like with various setbacks and clearances from the road. Mr. Nelson said that bringing the signs closer to the entrances will give the development more presence without impacting the road. Ms. McDermott said there are no plans for widening Highway 13. Councilmember Duggan said he feels the project is significant as it is Page No. 5 July 18, 2006 and questions the need for the signage so close to the road. Mr. Nelson said the need for closer signage to the roadway is to address the higher speeds that people are traveling along Highway 13. Councilmember Duggan asked how high the plantings in the center island will be. Mr. Nelson said at maximum, they will be 24- inches. Councilmember Vitelli said he feels the plan is excellent and having the monuments in 10 feet closer is reasonable. Councilmember Schneeman said she would prefer to have the signage closer to the road. Mayor Huber asked if the signage will be lit. Mr. Nelson explained how the lighting will be a high pressure sodium, 100 -wait, which will cast a wane glow, illuminating the design in the middle of the sign only. The lighting will be scheduled to turn on in the evening and turn off in the morning. Councilmember Krebsbach said she would support a 5 -ft. height on the signage, and feels that at this height, no one would miss the signage. Fence Mr. Nelson reviewed the layout of the fence location, which stops three feet short of the property line at Wachtler. Mr. Nelson said the fence will be made of cedar and meets the 30% open requirement. Councilmember Duggan asked if there was any consideration in using a wrought -iron type fence. Councilmember Duggan said he likes the overall project, and likes the fact that the fencing ends where it does. Councilmember Vitelli said Mr. Nelson knows his business, and Opus is an outstanding developer doing an outstanding job, and would hesitate trying to second guess their judgment in these designs. Mr. Nelson said they have proposed a more private type of fence to give residents more privacy from the walking trail. Mr. Nelson proceeded reviewing the landscaping plan. Mr. Nelson said in addition to the proposed plantings, they will be working with individual property owners to any additional plantings. Councilmember Schneeman asked when planting of the trees will take place. Mr. Becker said they are hoping to begin around July 31St. Councilmember Duggan moved adoption of Resolution No. 06 -55, Ayes: 4 Nays: 1 ( Krebsbach) DISCUSSION OF 2006 STREET RECONSTRUCTION PROJECT ROAD. Page No. 6 July 18, 2006 "RESOLUTION APPROVING MINOR PUD AMENDMENT, FINAL PLAT, CONDITIONAL USE PERMIT, CRITICAL AREA PERMIT FOR THE SUMMIT OF MENDOTA HEIGHTS," as presented. Councilmember Vitelli seconded the motion. Further Discussion Councilmember Krebsbach indicated that while she would vote in favor of the motion based on all the other issues involved, she would prefer the 5 -ft. height and thereby will not be voting in favor of this proposal. Councilmember Duggan said he likes the landscape plan, and the choice of the cedar fence makes sense for the privacy issues. Mayor Huber said he is supporting the 10 -ft. as he feels the additional 5 -ft is not a huge issue with him. Ms. McDermott said this item is for street reconstruction in the Ivy Falls neighborhood. The public hearing was held on June 6th and discussion was continued at the June 20th meeting, and additional infonnation was requested which is what is being presented tonight. Staff has received a couple more communications from residents who live on Woodridge, as well as a letter and email from two people who live on corner lots. The lot at Woodridge and Sylvandale would like curb and gutter installed on both streets. The property owner who lives at Woodridge and Cascade would like to see a consistent solution on both streets. Ms. McDermott said she did a walls -thru on the project with Councilmember Krebsbach and one option that was discussed was the use of mountable curb, and agreed that this may be a more unobtrusive alternative to the 6 -inch barrier curb that is typically used. Ms. McDermott said in the past, this curb was not approved in the City of Mendota Heights. From an engineering standpoint, with the storm sewer, this type could be a viable alternative. The Public Works Department would prefer the 6 -inch high barrier curb because of the snow plowing. Ms. McDermott said it is her recommendation to reconstruct all of the streets in the Ivy Falls neighborhood, including Woodridge Drive, with concrete curb and gutter as some of the streets in the area already have this type of curbing. Ms. McDermott said this resolution is to order the plans and Page No. 7 July 18, 2006 specifications to do this work, and that it needs a 4/5 vote from the Council. Councilmember Krebsbach said the property where the residents talked about the water garden and the concern about the storm water pipe coming through; she does feel that to maintain the bluff and to manage the water, the storm water needs to be managed through a curbing system. The surmountable curbs are easier on the eye without that urban look. Councilmember Krebsbach said it's important to pay attention to the infrastructure. Ms. McDermott said if the City would use the surmountable throughout the neighborhood, there would be a barrier curb around the comers because there would be catch basins located there. These comers would then make a good transition from one design to the other. This way, the neighborhood could use the surmountable except for the barrier curb that is already on Woodridge. A resident in the audience said she would prefer the surmountable curbing as opposed to the barrier, although she would accept either design. Another resident thought Councilmember Duggan had made a good suggestion to go to the residents so that they could vote on their preference of design. Councilmember Duggan asked Ms. McDermott what the height difference was between the two designs. Ms. McDen-nott said it would generally be a 2-inch difference. Councilmember Schneeman said both types cost the same. Councilmember Vitelli asked how the Staff will deal with the existing standard curbing. Ms. McDermott said she recommends that the City stay with the standard curb on those streets, and keep the surmountable on Woodridge only. Councilmember Schneeman asked how the City will know what type of curbing the residents will want. Ms. McDen-nott said Staff has heard from nine people who did not want any curb and gutter, and one person who wants it. Ms. McDermott suggested having another meeting to talk about this. Mayor Huber said he would suggest ordering in the project, which is scheduled for 2007, and have Staff see if they can get a sense of where the residents want. Councilmember Krebsbach moved adoption of Resolution 06-56, "RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION IMPROVEMENTS ON Page No. 8 July 18, 2006 WOODRIDGE DRIVE, ARCADIA DRIVE, MAPLE PARK COURT, FALLS VIEW COURT, CASCADE LANE, MAPLE PARK DRIVE FROM SYLVANDALE TO CASCADE LANE, AND SYLVANDALE ROAD," with curb throughout the project, with Woodbridge being surmountable curb and the other streets will be the standard curb. All catch basins will be the standard curb based on recommendations from the Engineering Department. Council member Duggan seconded the motion. Friendly Amendment: Councilmember Krebsbach said if the Woodridge residents wish to confer with the Ms. McDermott, the move to the other type of curbing would be their option. Councilmember Duggan accepted the Friendly Amendment. Further Discussion Councilmember Vitelli said he supports this motion except that there are two memos from residents that live on the comer, and it may be a good idea to let these residents know how the transitions around the comers will be done. Ms. McDermott said she would talk to these residents. Councilmember Schneeman said the residents need to know what they are voting on, and she has heard that the lower curbing gives people the opportunity to drive up onto the grass and works very well, and to make sure the residents know the price is the same. Councilmember Vitelli said it's important to have the standard curbing as it's the best choice for the water control and the other is that the Public Works says it's better for snowplowing. Mayor Huber said he feels more comfortable with the standard curbing as well, and is willing to try to surmountable if that is what the residents want. Ayes: 5 Nays: 0 DISCUSSION OF Mayor Huber said there is a request from SuperAmerica to address SUPERAMERICA SIGN the Council and Staff on this resolution. REQUEST. Tom Jones, Construction Specialist with Speedway SuperAmerica, thanked the Council and said that the contractor that applied for the permit did not inform Speedway SuperAmerica that the applicant needed to come before the Council for permit approval. It is his understanding that the permit was denied at the last meeting and would like the opportunity to state their case. Mr. Jones presented a picture of the actual sign, which is the exact Page No. 9 July 18, 2006 same kind of sign that is on Highway 55 and Mendota Heights Road, except that this one has been converted to LED. Mr. Jones explained how the LED lights work, being a cluster of lights within the sign. Mr. Jones said he reviewed the sign ordinance, and asked what part of his sign is prohibited. Mayor Huber said it would be specifically something that emits a beam of light. Councilmember Duggan said it would be a beam of light that can or would be controlled electronically. Councilmember Duggan said the "electronic component" would be similar to the issues the City had with the sign at Sibley High School. Mark Erickson, representing SuperAmerica, is from the local store in Mendota Heights. Mr. Erickson said the electronic signs are safer and easier to operate and maintain as opposed to the old way with the suction cup in the winter time. The competitors are all starting to use these types of signs. It would be a seamless change and the sign itself is already lit. The numbers are more defined in the electronic mode. Councilmember Vitelli said the Council would be doing the wrong thing to deny this application and agrees with the representatives of SuperAmerica in that he cannot find any wording in the ordinance that prohibits this type of sign. By following this ordinance as it is worded today, that would exclude a lot of existing signs. Mayor Huber said his concern is that this type of sign would be able to advertise a lot of things at one time, and has the potential of becoming a rolling / scrolling sign. Mayor Huber said he has a problem with a sign that is constantly changing. Councilmember Krebsbach said the Council turned down the Sibley sign because it was felt there would be a proliferation of digital signs along Highway 110, and to approve this resolution would allow for the City to maintain that they do not wish to have these types of signs along Highway 110 in the future. Councilmember Vitelli said he was against the animated, moving portion of the Sibley sign. Councilmember Krebsbach said that as the gas prices change every half hour, the proposed sign would also change. Mayor Huber said he is not inclined to support this sign and would like to think application is being denied based on the how the ordinance reads. Mayor Huber said he is willing to explore a way in which technology influences signs of today, and look for a way that would allow the City to be able to prohibit a particular style of sign, } and leave an opening to where technology seems to be going. After that, perhaps SuperAmerica would come back to the City for further discussions. For the moment, however, Mayor Huber said this is a Page No. 10 July 18, 2006 close call and tends to think this is a bit outside what the ordinance covers. Councilmember Schneeman said that is a wonderful suggestion and also feels torn on this issue. Councilmember Schneeman said she was very vocal on the Sibley sign because of the scrolling on the sign, and the affects that may have on the neighbors. Councilmember Schneeman said Snyders Drug Store on Robert Street now have these types of signs, and the Council may well see a proliferation of these signs. She would like to review the ordinance as well. Councilmember Duggan moved to approve the adoption of Resolution No. 06 -57, "A RESOLUTION DENYING AN APPLICATION FOR A SIGN PERMIT," excluding items #2 and #3 in the Findings of Fact. Councilmember Krebsbach seconded the motion. Further Discussion City Attorney Tami Diehm said it would be acceptable to exclude the 2005 Findings of Fact as they are not needed, and the City can deny this application based on the previous findings. Councilmember Duggan said he agrees with Councilmember Vitelli's comments that #2 and #3 are totally inappropriate from a personal viewpoint. Mayor Huber directed Staff to look for ways to deal with ordinance language and the changes in technology to be reflected into that language. Councilmember Krebsbach commended SuperAmerica for holding to City Council decisions, and that they have been a wonderful member of the community. Ayes: 4 Nays: 1 (Vitelli) DISCUSSION OF ICHOR Ms. McDermott said Steve Grittman, the Planner for the City of OUTDOOR STORAGE Mendota Heights, and herself, met with Sarah Westall from Ichor Corporation, and at that time, they were unaware that the Code Enforcement Officer had cited this company for outdoor storage in the industrial zone. Mr. Grittman had prepared the submitted report before this knowledge, which recommends that the applicant be cited and that Council could allow them to come into compliance within 6 or 7 months. Ms. Westall has indicated that the company will be constructing a new building in Cottage Grove and will be moving in January /February, 2007. In the meantime, this issue has been referred to the City's prosecuting attorney and Ms. McDermott and Ms. Diehm would like the opportunity to discuss this case further with Bill Menard, Steve Grittinan, and the Dakota County Page No. 11 July 18, 2006 Enforcement Officer before the Council moves forward with approving anything. Ms. McDermott said there is a question as to whether or not the applicant can apply for a CUP. Councilmernber Schneeman said the area around the dumpsters is a mess. Ms. Westall said there are other companies that contribute to that area as well. Ms. Westall said she never met the owner of her building, and the building manager and leasing agent is not willing to lease out additional space. Ms. Westall said she has tried to work with these people, but there is always someone new in those positions, and she is getting no help at all from the building owner and his representatives. Ms. Westall said she has been trying to cope with these problems for about nine months. The current building manager has since given Ms. Westall permission to store goods as they have been, as well as getting the okay from the next-door neighbor to use his dock. Since that time, this building manager quit or was fired, and Ms. Westall is working with another person. Mayor Huber said this case will be on the next meeting agenda, and Ms. Westall will need to be at this meeting. Ms. Westall thanked the Council for their time. DISCUSSION OF CITY HALL Police Chief Aschenbrener said this issue was discussed at the last TOWER Council meeting and he was directed to do some further investigation into the need of a pole at City Hall. Chief Aschenbrener said he contacted Jeff Nelson, PSC Alliance Inc. Chief Aschenbrener provided a memo he received from Mr. Nelson with his findings, as well as answers to the questions the Chief was asked by the Council. Mayor Huber said the tower that's there right now will not be coming down, and would the Police Department continue to use it. Chief Aschenbrener said he would be doing so. Chief Aschenbrener said that according to Mr. Nelson, the data portion of the public safety network is still up in the air. There is a wide variety of different options that they are actively looking out metro-wide. As they work through these agreements, starting with the counties and communities, they will determine the processes that will take place. Depending upon which technology is chosen, that will determine exactly what the number of tower sites needed and location of tower sites to provide adequate coverage for the mobile data terminals in the squad cars. At this point, Mr. Nelson does not perceive that a new tower is needed for public safety at this time. Councilmember Vitelli asked the Chief if he is saying that there is Page No. 12 July 18, 2006 absolutely no benefit to the City for a tower to be taller than the tower currently at City Hall. Chief Aschenbrener said that was correct. Chief Aschenbrener said there may be a need for something in the north central area, which is a very difficult area with the current technology and site locations, and talked about how the City is sharing towers with neighboring cominunities. Steve Carlson, representative of T- Mobile, said he is aware of the study done by Mr. Nelson. Mr. Carlson said when T- Mobile first came to the City and talked to the Staff, they had no knowledge that public safety would have any need to put any new technology on their tower. T- Mobile is coming to the City for two primary reasons: 1) lack of any alternatives north of this area, and 2) there is an existing hole in service to their customers. Mr. Carlson said he would like to go back to the original proposal of a 100 -ft structure versus the revised plan for a 120 -ft. tower. Mr. Carlson said he is proposing to modify the plan back to the 100 - ft. pole with replacing the structure that's there. Mr. Carlson said there is a definite need for this pole in order to give adequate coverage to the large residential neighborhood. Mr. Carlson reviewed coverage maps and revised proposal. Councilmember Duggan said in other cases, the City has used height- senses to determine site lines. Councilmember Duggan asked if Mr. Carlson would be willing to do the same type of research, based on science knowledge and understanding, and the ability to transpose something on paper that is actually not there, to give the Council a feel for what this tower will look like. Councilmember Duggan said it would be good to see these results before any action is taken. Mayor Huber asked Staff where they were with the 60 and 120 days. Ms. Diehm said she believes there is a procedural concern at this point because this case will hit the 120 day point on August 15t, and although there is another Council meeting scheduled on that day, it was Staff's recommendation that a decision be made tonight. Ms. Diehm said the Council is now hearing about the application changing some and she cautioned the Council to look carefully at the application that was considered by the Planning Commission because if now the Council is looking at a different design, the Planning Commission's review is based on public safety use, 120 -ft. tower; the Council may want to act on this application that is technically before them and have the applicant to re- apply. The Council can waive fees if they so choose to. Mayor Huber said he believes this case could go past the 120 days if there is a written agreement by both parties to do that. Ms. Diehm l said that was correct. Mayor Huber said he would like to see what Page No. 13 July 18, 2006 this tower will look like if T- Mobile is willing to give there a visual understanding. Mayor Huber asked if other Council members would be willing to do that. Councilmember Vitelli said the City does not need this 100- ft.pole. for the benefit of one cell phone provider. Councilmember Vitelli said because of that fact, he will never approve this. It would be like putting a 100 -ft pole at Copperfield and Delaware. There are residents in the area, and if Opus proposed such a pole by their condos, the residents would be up in arms. And then more would come, such as Sprint or another carrier. Councilmember Vitelli said to approve this after denying a 12 -inch sign is hard for him to swallow. Mayor Huber said it's important to protect the residents from what they don't want, and that's this point of view is contrary to the tower ordinance which recognizes the City does need to deal with this. Mayor Huber said it's difficult to recognize a balance between the residents concern of site lines and that cell phones are here to stay. Councilmember Krebsbach said she is very concerned about the size of the equipment shed, and asked if there is a possibility to co- locate with the AT &T tower currently in the area. Mr. Carlson said that pole is a Cingular structure and is primarily to service Highway 13 and Lilydale areas. Councilmember Schneeman said this tower is not very tall, and could it be made taller? Mr. Carlson said it would have to be about 200 -ft. tall. Councilmember Duggan asked if the spire at St. Peters Church would be a good location. Mr. Carlson said that is a historic building and may not allow for this type of use. Councilmember Vitelli said Mendota Heights is not the only spot in the metro area that lack coverage in areas; other communities have this same problem. Councilmember Schneeman said she receives a lot of complaints about spots in the city and asked Mr. Carlson if he checked out the area at Dodd Road and Smith as there is a need for coverage in that area. Councilmember Schneeman said she would be interested in seeing the demonstration. Councilmember Krebsbach said her biggest concern is the shed and she would not be interested in the demonstration. Councilmember Duggan said he has no problem with the demonstration. He is concerned with the language of the ordinance, and in having new language crafted to address this type of proposal. Ayes: 5 Nays: 0 Page No. 14 July 18, 2006 Councilmember Duggan suggested that the application be denied, and allow the applicant to come back with a demonstration, and because of the deadline and lack of language in the ordinance to support the variance that has been crafted and discussed, it's more advisable to say no at this time and waive any charges for the applicant to come back. Mayor Huber asked Ms. Diehm for her thought on procedures at this time. Ms. Diehm said if the Council wants to deny the items that are before them tonight, it is recommended that some specific findings of fact are included and there has been a resolution prepared to do that. If the City is not interested in pursuing a tower at the City Hall site, it is recommended that the Council direct City Staff to terminate the lease negotiations as was done for the Wentworth Park site. If the Council is interested in seeing what other options may be available, then the Council may want to keep those lease negotiations open. Councilmember Vitelli moved adoption of Resolution No. 06 -58, "A RESOLUTION DENYING A CONDITIONAL USE PERMIT, VARIANCE, WETLAND PERMIT AND ORDINANCE AMENDMENT FOR A WIRELESS COMMUNICATION FACILITY INCLUDING A 120 -FOOT MONOPOLE TOWER AT 1101 VICTORIA CURVE." Councilmember Schneeman seconded the motion. Ms. Diehin said Staff recommends Findings of Fact to be as follows: 1. The applicant has not met the conditions of Ordinance 12.1.J.6 relating to telecommunications towers 2. The City's current ordinance provides reasonable accommodation without the need for amendment or variance 3. The strict enforcement of the zoning code would not result in an undue hardship and therefore the applicant has failed to show a hardship that would justify the variance that has been requested 4. Neither the proposed amendment or the proposed CUP meet the comprehensive plan requirement of preserving the character and quality of existing neighborhoods since the proposed tower has negative visual impacts on surrounding residential properties 5. The proposed tower is not necessary for public safety Councilmember Krebsbach was excused from the meeting. DISCUSSION OF EXTENTION Guy Kullander, Operations and Projects Coordinator, said the OF MENDOTA HEIGHTS developer of the Mendota Homes, Inc., (formerly the site of Lilydale WATER SYSTEM Tennis Club) contacted Staff regarding an extension of the city's water system. Mr. Kullander and Ms. McDermott have met with the Page No. 15 July 18, 2006 applicant several times to discuss their desire to hook into the water system. Originally, the applicant talked with Saint Paul Water Department to extend their mains down Highway 13 to connect to their new project. Mr. Kullander told the applicant that it would be easier to connect into Mendota Heights system rather than Saint Paul's. Mr. Kullander spoke on how the connection could be made for this project. The water main could be constructed underneath the existing bike trail, which has a lot of open space in that area. This option would also benefit the City by having the applicant upgrade the trail. Mr. Kullander said would pay for all the costs of construction, and they would probably need to create an escrow account for the City to cover Staff time. Mr. Kullander referred to his memo dated July 12, 2006 where he has listed three options. However, he now says there are only two options. If the City let the contract, the City would manage it and Saint Paul Water Department would inspect the installation of the pipes as they do with all Mendota Heights project. If Saint Paul Water Department was the lead agency to install the pipe, they are the contractor which would then hire another contractor to dig the trench and then Saint Paul's crews come into handle the pipe. Mr. Kullander said that the Saint Paul Water Department is not very prompt to get the work done. Mr. Kullander said he would like to have Mendota Heights go through there as quickly as possible so that the trail is out of commission for just a short time. Councilmember Vitelli asked why Mendota Heights gets involved. Mr. Kullander said that Lilydale does not have its own water system and relies on Mendota Heights for their service. Lilydale is charged for the connection. Mr. Kullander explained how the pipes would run and be connected. Councilmember Duggan said he has some concern about the Council's lack of support for this development in the first place. Councilmember Duggan said there were concerns about the bluff line and how the site lines would be affected. The density is being proposed at 10 per acre right next door to Mendota Heights, and will have a huge visual effect on the area. Councilmember Duggan said he would like to know if this project is a done deal before the City goes farther with the water support. Mr. Kullander said this project will actually decrease the traffic and parking flow and the project will be farther away from the bluff than the existing building is now. Councilmember Duggan said he would like to see an independent Page No. 16 July 18, 2006 engineer conduct a study to find that there will be no negative impacts on the slope areas. Councilmember Schneeman said she agrees with the comments made by Councilmember Duggan and that there have been some new rulings that pertain to development along the river front. Councilmember Schneeman said she would like to have more information on those rulings, and does not believe that the traffic will have a lesser impact. Councilmember Vitelli expressed his concerns regarding the digging up of the park and trail areas, and the Staff's time commitment on this proj ect. Councihmeinber Vitelli asked if there would be enough water pressure. Mr. Kullander said the water pressure would be more than adequate. Mr. Kullander said his objective was to come to the City for their input and if the Council feels this is a good idea, then the required studies and inquiries will be made by City Staff, and come back to the Council with more detailed information. Staff time will be very minimal on this. Mayor Huber said he would be in favor of Option #1. Erin Mathern, Mendota Homes, Inc., spoke about the proposal and answered questions. Councilmember Duggan asked what an estimated cost would be for this project. Ms. Mathern said the cost from the City of Mendota Heights is $27,000 for the connection charge and $200 per unit for the water availability charge. Mr. Kullander said these fees go back to the Water Utility Fund for the entire city. Mayor Huber moved to direct Staff to prepare a Development Agreement with Mendota Homes as proposed. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 FEASIBILITY REPORT FOR Ms. McDermott said last year the Lower Mississippi River Watershed MARIE CREEK EROSION Management Organization had Barr Engineer prepare a study for the REPAIR PROJECTS Marie Creek area. This study included the base flow issue and erosion corrections that could be done along the creek. Ms. McDermott is requesting a feasibility report for the Marie Creek Erosion Repair Project. The City would like to hove forward with a 429 process and specially assess any properties. Ms. McDermott said Page No. 17 July 18, 2006 her report to the Council would reiterate the Barr findings and also outline funding sources and identify any easements that may be acquired along the creek area. Councilmember Schneeman moved adoption of Resolution No. 06- 59, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR MARIE CREEK EROSION REPAIRS." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 SPECIAL CLOSED MEETING Ms. Diehm said the Council met in a closed session before this Council meeting to discuss the proposed settlement of an on-going lawsuit related to slope failure. Ms. Diehm recommended the following findings: Pursuant to the terms of a proposed settlement agreement that the Council considered, the City will undertake to seek to stabilize the slope and repair damage that has been caused by the slope failure. The City will receive a financial contribution of $210,000 from Braun and United Properties, and the City will pay the balance of the recent costs which will be coordinated by the City Engineer. This proposed settlement constitutes the settlement of a disputed claim and as part of this settlement, the City will not be admitting any fault or any wrongdoing. This settlement has been negotiated by the City's legal counsel. She recommended that the Council vote to direct legal representative and the Mayor and the City Administrator to finalize the settlement agreement that reflects those terms. Councihnember Duggan moved to abide by this ruling. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Duggan attended the dedication at St. Thomas Academy. Councilmember Duggan asked if the city water supply is sufficient or if there will need to be watering restrictions. Ms. McDermott said there are currently no watering restrictions at this time and St. Paul Water has not suggested that there be any. Councilmember Schneeman said the ballfields have been well filled this summer. Councilmember Vitelli said he was at Caribou Coffee and it was a pleasure to see people gathering in that little park and can envision when Mr. Kowalski opens up his market, as well as other tenants Page No. 18 July 18, 2006 coming in, this area will be very nice. Councilmember Duggan announced the arrival his granddaughter at 8 pounds 7 ounces, and her name is Cleo Grace ADJOURN There being no further business to come before Council, Mayor Huber moved that the meeting be adjourned. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:40 p.m. Rebecca L. Shaffer, CPS Recording Secretary ATTEST: John J. H Mayor