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2006-04-18 City Council MinutesPage No. 1 April 18, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 18, 2006 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: Mayor Huber, Councihnembers Krebsbach, Schneeman and Vitelli. Councilmember Duggan had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Ayes:4 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on March 21, 2006 as amended. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 6i, Marie Creek Study, 61, Mendota Heights Road traffic signal, and 6r, Town Center outlot improvement payment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the April 11, 2006, Parks and Recreation Commission Minutes. b. Acknowledgement of the March Treasurer's Report. c. Acknowledgement of the March Fire Report. d. Acknowledgement of Infill Letter Memo. e. Authorization for Payment for Sewer Backup. f. Approval of Sign Permit for 2425 Waters Drive — Silestone. g. Approval of Sign Permit for Highway 110 — SuperAmerica. Page No. 2 April 18, 2006 h. Approval of Sip Permit for 1440 Northland Drive — Brown College. i. Acknowledge Marie Creek Study Memo j. Approval of Mechanical Equipment for 3M at 2465 Lexington Avenue. k. Approval of Temporary Liquor License for St. Peter's Church. 1. Approval of Resolution No. 06-27 "RESOLUTION APROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO MENDOTA HEIGHTS ROAD FROM 135 TO TH 13, NORTHLAND DRIVE AND ENTERPRISE DRIVE (PROJECT #200602)." m. Approval of Workers' Compensation Premium. n. Authorization to Sign Professional Services Contract for GASB 34 Implementation Assistance. o. Approval of the list of contractor licenses dated April 18, 2006. p. Approval of the list of claims dated, April 18, 2006, and totaling $158,290.34. q. Approval of Payment for Town Center Outlot Improvements. r. Authorization for the appointment of Chrissy Johnson as a summer engineering intern. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 MARIE CREEK STUDY Council acknowledged a memo from Engineer McDermott regarding a draft report on Marie Creek flow restoration. Councilmember Schneeman asked about Wentworth Creek, stating that it is clogged up and really needs attention. She asked if Dakota County is interested in that body of water. The creek runs through Wentworth Park and it is a mess. She asked if its restoration could be considered at the same time as the Marie Creek study. Engineer McDermott responded that she can look into it. Responding to a question from Councilmember Krebsbach, Engineer McDermott stated that Marie Creek runs from Dodge Nature Center on the east and ends at Valley Park. The city has received several complaints over the last couple of years that the flow has decreased at the cast end. The creek is also experiencing erosion on the west end of the study area. The Lower Mississippi Watershed Management Organization hired Barr Engineering to study the issues. The loss of flow is due to the reducing water levels over the Page No. 3 April 18, 2006 years and they recommended methods to repair the eroded creek bank. Councilmember Krebsbach stated that she would like to know to what extent the Hidden Creek development may have impacted Marie Creek. Council's concern at the time the development was approved was that there would be too much water coming from the development and impacting the creek. Engineer McDermott responded that Barr looked at that in the study and determined the retention is adequate. Responding to a question from Mayor Huber, she stated that there has not been a funding source identified. The WMO is paying for Barr. Mayor Huber stated that there are some similarities with Ivy Falls Creek, and to the extent that there are similarities staff should look at the methods used to fund the Ivy Falls Creek improvements done several years ago. Councilmember Krebsbach moved to acknowledge the memo. Councilmember Schneeman seconded the motion. Ayes: 4 (� Nays: 0 MENDOTA HEIGHTS ROAD Council acknowledged a memo from Engineer McDermott TRAFFIC SIGNALS regarding the installation of a traffic signal at Mendota Heights Road and Pilot Knob Road. Councilmember Schneeman informed the audience that it had been determined by the county that the intersection needed a traffic signal to promote safety and efficient operations. Through a Joint Powers Agreement between the city and county, a new signal will be installed at a cost of $250,000. The cost will be shared 50/50 with the county. The estimated city cost is $125,000. Engineer McDermott informed Council that the funding for the city portion of the cost will be from MSA. Councilmember Schneeman moved adoption of Resolution No. 06- 26, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE PILOT KNOB ROAD AND MENDOTA HEIGHTS ROAD TRAFFIC SIGNAL AND AUTHORIZE EXECUTION OF THE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY." Page No. 4 April 18, 2006 Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 TOWN CENTER OUTLOT Council acknowledged a memo from Engineer McDermott IMPROVEMENTS recommending payment to Ross Feffercorn for Town Center outlot improvements. Engineer McDermott informed Council that Mr. Feffercorn has requested a payment of $108,800 for landscaping work on the city outlots. At the last Council meeting, Councilmember Krebsbach recommended that staff verify that the plantings have been installed. She reviewed a punch list from the landscape architect and Tom Knuth confirming that the work is substantially complete. The prime contractor, Rochon Construction, has retained 10% from the landscaping contract to ensure that the trees that died over winter will be replaced this spring. Councilmember Krebsbach moved to authorize payment of $108,779.38 to Ross Feffercorn for landscaping improvements to the city outlots at Town Center. Councilmember Vitelli seconded the motion. (' ) Ayes:4 Nays: 0 ARC REPORT Council acknowledged the Airport Relations Commission 2006 Plan of Action. Commission Chair Liz Petschel and Commissioners Vern Edstrom and Ellsworth Stein were present for the discussion. Chair Petschel reviewed the 2006 Airport Noise Plan of Action for Council. She also reviewed the commission's accomplishments over the past year. She informed Council and the audience on the items that the commission will concentrate on in 2006 and responded to Council questions. Councilmember Schneeman stated that the Airport Relations Commission does a wonderful job working with the MAC and the FAA. tower. She informed the audience that the MSP Noise Oversight Committee meetings and the Airport Relations Commission meetings are open to the public. Councilmember Krebsbach stated that Council will want to keep updated on what is going on with Runway 17 -35. Page No. 5 April 18, 2006 NURT TRAIL Engineer McDermott stated that in November, 2005, Dakota County staff appeared before Council to discuss -the HURT alignment, including a mid -block crossing at Oak Street. They have completed the plans and are present this evening to review those plans and report on their meetings with the neighborhood residents. The county is asking for approval of a resolution granting a limited use permit to the county. Ms. Mary Jackson and Mr. Jason Aune, landscape architect from LHB, and Tim Korby, engineer from LHB, were present on behalf of the county. Ms. Jackson stated that the trail design has been completed and she and her staff have been working with the neighbors along the route. They met with almost all of the property owners and made a good faith effort to contact everyone. There are still a few yards with some tricky issues, and she will be sending a letter to the property owners in the coming week with drawings on what will be changed in their yards. Responding to a question from Councilmember Vitelli, Ms. Jackson stated that the county will review the plans with MnDOT through June and once MnDOT's approval is received bids will be let. She anticipates construction will begin in August or September. Mr. Tim Korby, from LHB Engineers, stated that he has been working on the project for about two years. He has met with most of the residents and has also met with representatives of the City of West St. Paul, Sibley High School and MnDOT. Plans have been drafted and he is still trying to get comments from the remaining residents he has not had contact with yet. Everyone was invited to call him if they want to set up meetings and everyone has had the opportunity to meet with him and the county staff. The plans before Council this evening have been submitted to MnDOT, West St. Paul and Dakota County. Responding to a question from Councilmember Krebsbach about objections, he stated that he is not aware of any objections. He has met with everyone who wanted to meet with him and their concerns have been accommodated. Ms. Jackson stated that there are some residents who still have concerns with the trail but she does not think they will try to block the trail. The county has tried to address the concerns the residents raised on driveways, site lines, etc. There are still some people who have expressed concerns about the trail itself in general. Page No. 6 April 18, 2006 Councilmember Krebsbach stated that there was one resident at the Council discussions on the trail who had a whole planting of trees that would be impacted. Ms. Jackson responded that she has worked with the homeowner. He has a hedgerow that is growing in the ditch and it has been requested that all ditches be filled. She discussed with the property owner about a replacement conifer planting but they would be set back from the 13 foot zone the county needs between the trail and plantings, according to state standards. Mr. Korby reviewed the trail alignment, stating that it is 8 feet wide on the north side of the road. The rest of the trail is ten feet wide. It is about three feet from the curb. In the area where there are yards, he is proposing that from the curb to the trail be stamped concrete. That will look more like a streetscape project. He thinks all of the neighbors are in favor of it. It is also proposed that the gravel parking lot on the high school property be paved as part of the proj ect. Mr. Aune stated that he and Ms. Jackson met with the individual homeowners who had concerns about losing shrubs or tree material. j He was able to design the project plan with the loss of only one tree. The property owners were given the option of replacing what they will be losing with plantings of their choice. At 657 North Freeway Road, the property owner was given options to consider. They prefer a conifer hedge to replace the lilac hedge. Councilmember Vitelli asked if Ms. Jackson had met with Mr. Feffercorn, developer of Town Center. Ms. Jackson responded that she met with him last June on site with the project architects to discuss the trail alignment in the vicinity of the water ponds and everyone decided that routing the trail on the south side of the ponds would be best. She indicated that she will again contact Mr. Feffercorn to update him on the plans. Councilmember Krebsbach complimented Ms. Jackson and the consultants for working with the neighborhood. She agreed that moving the trail to the south side of the pond would be best. Councilmember Vitelli stated that when Council viewed this about a years ago they discussed the issue of people crossing the street and concerns about parking and visibility. He asked what the county Page No. 7 April 18, 2006 staff and consultants have concluded about parking limitations and signage so that no one gets injured. Mr. Aune responded that as part of the design he put in ample signage and markings in both directions. Parking will be the same as today. There will be crossing markings for the trail and parking in both directions. Councilmember Schneeman stated that she will be very happy when the trail is done. She was watching one day last week and there were six children crossing the road. She hopes the people living along the trail will be happy with it. Councilmember Krebsbach asked if the city could get a mid -block light if it is every determined that a crossing light is needed. She also asked who would pay for it. Ms. Jackson responded that since it is a county regional trail, it would be a county issue. She did not know who would determine that a signal would be needed. Councilmember Schneeman moved adoption of Resolution No. Resolution No. 06 -28, "A RESOLUTION GRANTING A LIMITED USE PERMIT TO DAKOTA COUNTY FOR TRAIL CONSTRUCTION WITH THE CITY STREET RIGHT -OF -WAY OF MARKET STREET AND THE NORTH HIGHWAY 110 FRONTAGE ROAD." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO.L 06 -06, TRUE Council acknowledged an application from Mr. Phillip True for a 12 foot front yard setback variance for a garage addition at 660 Brookside Lane. Council also acknowledged associated staff reports. Assistant Hollister informed Council that Mr. True is planning an addition to his house. Mr. True had originally requested a 14 foot expansion of the garage to the east. The Planning Commission felt better with a 12 foot expansion and Mr. True agreed to that. It is anticipated in the future that Laura Street will be reconstructed as an urban section and there was a concern that Mr. True or any future owner be able to park a car in the driveway without that car sticking out into the right -of -way. Page No. 8 April 18, 2006 Mayor Huber noted that Laura Street is very narrow. The concern is that someday there will be a need to widen it. Mr. True stated that part of the consideration for doing this is that he cannot expand on the south and west sides of the house because they are already at the setback. He also explained why he cannot extend the house to the front. After discussion, Councilmember Vitelli moved adoption of Resolution No. 06 -29, "A RESOLUTION APPROVING A 12- FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 660 BROOKSIDE LANE." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 06 -07, HEINO Council acknowledged a memo from Assistant Hollister relative to continued discussion on an application from Mr. Glen A. Heino, Wold Architects and Engineers, for Henry Sibley High Schoolfor a Conditional Use Permit for Fill and a Variance for Accessory Structures. Assistant Hollister stated that two weeks ago the discussion revolved around two items, phasing of the project and whether the parking lot met the city's green space and landscaping requirements. The parking lot does conform to the standards of the R -1 zone and staff is not concerned about that issue. Staff feels it would be appropriate for Council to approve the parking lot as presented. With respect to the building permit, Council has all the authority it needs to make an extension to the one year time limit for completion. The applicant preference and staff sentiment is that the easiest way to do that would be for Council to grant a three year permit. As a condition of that extension, Council could require an annual report on how things are going. The motivation for placing a time limit on building permits was the concern over someone taking out a permit and never finishing the project. He is confident this project will proceed with all due haste. In the phasing plan that was submitted, it indicates that the vast majoring of the exterior work will be done in the first year. The interior work will be done over the following two years. Mr. Aplikowski stated that he has met with city staff and thinks he is putting forward the best plan for the school district and the city. Councilmember Krebsbach asked if cost overruns (if any) would affect the phasing of the project. Page No. 9 April 18, 2006 Mr. Aplikowski responded that the project has been bid and it is on budget and there is a contingency to handle over runs. The site work should be done this summer. Councilmember Krebsbach stated that Council has the same cautions on all projects. As a city government, Council should be supportive of the school district. She does not object to a three year permit with the condition of an annual report. Councilmember Schneeman stated that she would like to have someone come back every year for three years. Councilmember Vitelli moved adoption of Resolution No. 06 -30, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL AND VARIANCE FOR ACCESSORY STRUCTURES AT HENRY SIBLEY HIGH SCHOOL, 1987 DELAWARE AVENUE," and invite the school district back for a report at the first meeting in May, 2007. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CLOSED SESSION Mayor Huber stated that Council needs to conduct a closed session on May 2 for discussion on the on -going litigation on Park 3 Golf Course. COUNCIL COMMENTS Councilmember Krebsbach expressed condolences to the family of Dr. Olin who passed away recently. Councilmember Vitelli informed the audience that Officer Eric Peterson used excellent judgment in preventing what could have been a worse situation at Mendota Elementary School when he noted a minor explosion in a propane tank. He has fire prevention and control training and knowledge and took care of the problem by turning off a valve to the propane. Councilmember Schneeman gave Council an update on the 50th Anniversary Celebration. Mayor Huber informed the audience that the annual Spring Clean up will be held on May 6. Page No. 10 April 18, 2006 ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to 6:30 p.m. on May 2 for a closed session discussion the on -going Par 3 litigation. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 THVIE OF ADJOURNMENT: 9:30 p.m. Kathleen M. Swanson City Clerk ATTEST: ayor