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2006-03-21 City Council MinutesPage No. 1 March 21, 2006 CITY OF MENDOTA HEIGHTS (� DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 21, 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, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember moved adoption of the revised agenda for the meeting. Councilmember seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on March 6, 2006 as amended. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Schneeman CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 6f, Private Watermain Agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the February 8, 2006 Airport Relations Commission Minutes. b. Acknowledgement of the March 14, 2006 Parks and Recreation Commission Minutes. c. Acknowledgment of the Treasurer's monthly report for February. d. Adoption of RESOLUTION NO. 06 -17, "A RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN MENDOTA HEIGHTS." Page No. 2 March 21, 2006 e. Authorization to Issue a Purchase Order to Pearson Bros., Inc. for 20006 Street Sweeping for their low quote of $73.99 per hour. f. Authorization for the issuance of a purchase order to John Henry Foster Minnesota, Inc. for an air compressor for the Public Works Garage for their low quote of $2,744.51. g. Authorization for the Mayor and City Clerk to sign Change Order No. I for the Thompson Avenue Storm Water Diversion Project. h. Authorization for renewal of the NOISE Membership. i. Adoption of RESOLULTION NO. 06-18 "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFTS FROM SIGNART TO THE CITY OF MENDOTA HEIGHTS 50 YEAR CELEBRATION." j. Approval of the list of contractor licenses dated March 21, 2006. k. Approval of the list of claims dated March 21, 2006 and totaling $132,027.13. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 WATERMAIN AGREEMENT Council acknowledged a memo from Engineer McDermott recommending that Council approve a Private Watermain Agreement with the City of St. Paul Water Utility for the Summit of Mendota Heights. Responding to a question from Councilmember Krebsbach, Administrator Danielson stated that there is a public ring road in the Summit of Mendota Heights with private drives branching out from it. Watermain is being constructed in those private streets and in order to make them public, OPUS and the city must sign the agreement. Councilmember Krebsbach moved to authorize the Mayor and City Administrator to sign the Summit of Mendota Heights Private Water Main Agreement. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 SAFE AND SOBER Council acknowledged a memo from Police Chief Aschenbrener regarding a presentation by Mr. Bob O'Brien, Safe and Sober Liaison. Mr. O'Brien stated that the Mendota Heights Police Department is a great department and had done a great job in the Safe and Sober Page No. 3 March 21, 2006 mobilizations. In addition to a Safe and Sober Award, because of the great job they did in the December DWI mobilization, the Office of Traffic Safety is recognizing them with a major prize given by the Office to nine departments out of 430 agencies that vie for the prizes. The police department has chosen two light bars. The Office of Traffic Safety makes the awards because of the great job agencies do in education and saving lives in the con-ununity. He informed the audience that Sgt. Neil Garlock and Officer Steven Meyer were recently given awards by MA-DD for their DWI enforcement. Mayor Huber expressed appreciation for the award and for the light bars. Councilmember Vitelli stated that he was really surprised at how many DWI arrests are made by highway patrol and police officers during a year. CASE NO. 06-04, NELSON Council acknowledged an application from Mr. Richard E. Nelson for a wetlands permit for restoration of the shoreline and rear yard at 796 Havenview Court. Council also acknowledged associated staff reports. Mr. Nelson was present for the discussion. Assistant Hollister briefly reviewed the application, stating that it came to the attention of the city' s code enforcement officers that Mr. Nelson was working in the wetland buffer without a permit and he was informed that a wetlands permit was necessary. He has extensive plans and has submitted a considerable amount of material. Responding to a question from Councihnember Krebsbach, Assistant Hollister stated that Mr. Nelson intends to leave the grades more or less as they are. Mr. Nelson stated that When he started the work he had just moved her from Georgia and it was not necessary to get a pen-nit there. When he started digging he unearthed a lot of debris the builder had pushed down the hill and into the pond, including the old farmhouse and machinery shed that had existed on the property. He was stopped by the code enforcement officer. He has not done anything on the restoration for two years. He is proposing native grasses and wildflowers which will have a wild prairie look and will require two years of maintenance by the installer. It will not interfere with the pond. There will be some grading by a bobcat to make an earthen rock type of barrier to hold his yard in place. The topography that exists will not be radically changed. Page No. 4 March 21, 2006 Councihnember Krebsbach moved adoption of Resolution No. 06- ( 19, "A RESOLUTION APPROIVNG A WETLANDS PERMIT FOR RESTORATION OF SHORELINE AND REAR YEARD AT 796 HAVENVIEW COURT" Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Responding to a question from Councihmeimber Duggan, Assistant Hollister stated that the Planning Commission discussed the idea of requiring that the pipes that are stabilizing the soil be removed, but some of the commissioners felt that if they are serving a stabilization purpose they should be left there. The Planning Commission concurred. CONCEPT DISCUSSION — Council acknowledged a memo from Assistant Hollister relative to a MINNSTAR BUILDERS request from Minnstar Builders for discussion of a concept plan for development of the Acacia owned property east of Pilot Knob Road. Assistant Hollister informed Council that Minnstar was planning to appear before Council in November but the city felt at that time that since the city was in the process of purchasing the property west of Pilot Knob Road that discussion should be delayed until that process was concluded. The city has now purchased the west side of Pilot Knob. The concept plan is for a townhouse development. As part of contemplation of an earlier development proposal, Council made the decision to require an EIS for this property. At that time the development proposal was considered it was for the combined property west and east of Pilot Knob Road. It is staff' s interpretation that the EIS designation still stands. Council could make preliminary comments on the concept plan or simply say they are not in a position to comment on it unless an EIS is performed. Council could choose to make preliminary comments, but they would not be binding, pending an EIS. Responding to a question from Councihnember Vitelli, Assistant Hollister stated that Acacia Cemetery owns the land except for some city owned parcels that are shown on the drawings. Mr. Bohlman stated that when he first met with Assistant Hollister about bringing forward a proposed concept, they discussed that one of the goals of the initial meetings like tonight would be to determine whether the EIS that was previously ordered for the project on The Bluffs would carry over and be required for any substantially similar development. MinnStar feels it is in everyone's best interest, at such time as this comes as a more complete and formal proposal, to Page No. 5 March 21, 2006 submit it with an updated EAW with the assumption that an EIS would come out of that. In response to the question of whether the previously ordered EIS would still stand — MinnStar is assuming yes. Councilmember Duggan asked what has happened in Mr. Bohlman' s change of thinking. MinnStar balked strenuously at an EIS and now he says they may strongly consider it. MinnStar bogged down on the determination and payment of the scoping costs to the city. Mr. Bohlman responded that MinnStar believes an EIS will need to be done for this project. There were a number of issues facing The Bluffs project. Going into the EIS there were more owners and more property was involved. Now one piece of property is out of the mix and MinnStar is only dealing with one property owner and contractual obligations. To MinnStar this is a brand new project that is much less dense, having 97 units - 5.93 units per acre. Councilmember Duggan responded that this is entirely different situation and to be considered on its own, not in comparison to The Bluffs proposal. Mr. Bohlman responded that this is an entirely new product and MinnStar is doing a project with it in Savage that should be done soon. Council would actually be able to see those units before this proposal comes back for approval. He asked for Council feedback. Councilmember Krebsbach stated that, should there be development, she would want to see the north line be at the tree line and that the point not be developed because that would negate what has been done to preserve the historic character of the Pilot Knob site. Then there would at least be a clear view of the Pilot Knob site. Even though she has great respect for Savage, the buildings MinnStar is presenting is certainly not at all representative of looking at what is unique about the site. Whatever kind of housing is proposed must reflect the historic character of the Pilot Knob site. What has been presented would not be at all acceptable. Mr. Bohlman responded that he is just presenting artist concepts and the architectural details, such as the colors, materials, siding, etc. can be changed to fit the community they are in. Councilmember Duggan stated that he has the same comments about preserving land to make the preserved Pilot Knob area continuous and contiguous. The two northerly and easterly units dominate the Page No. 6 March 21, 2006 Pilot Knob preserved area and that is totally unacceptable to him. The biggest concern he learned from the EAW for the former project was the difference in the statements of engineering groups and the impact of the impervious surface on this entire area. He would not consider any development at all without seeing an EIS first. Even if an EIS is favorable to the slopes, that does not mean he may look favorably on any development. Based on what he read, the impact of the Bluffs would have been hugely negative. He does not know if he would be persuaded even if two units were taken out from each of the six blocks. A great deal of effort was made to save at least some part of Pilot Knob. He hopes that Acacia Cemetery would continue that idea and preserve some of the land. He urged MinnStar, if it does submit something, not to propose anything near the water area. He would still want less density in the rest of the project at the same time. Councilmember Scbneeman stated that she thinks it is a waste of money for MinnStar to come before Council with a proposal before there is an EIS. She was very surprised with the project quality, stating that this is such an important piece of land to this community, the state and the nation, and the nature of whatever goes in there would have to be very special. She would not contemplate anything unless an EIS is done. She stated that she would love to see the property be open space. Councilmember Vitelli agreed with Councilmeraber Krebsbach about drawing a line on the north, above which nothing could be developed, but he would draw the line further south. He agreed with the comments on the style of the buildings, stating that they look like barracks. There is a conflict between Council's desires and what is on the books. The property is zoned for high density and Council has to resolve that. Mayor Huber stated that at the root is addressing the EIS issue. Whether the buildings looked good or bad, there is still the issue of the EIS. There is nothing that leads Council to think that an EIS does not need to be done. Council looks to MinnStar to move forward on the EIS. Before that, he cannot snake any constructive comments on the concept plan. Mr. Bohlman responded that the buildings that would be proposed would take more on the character of the land and would be different from those that are being constructed in Savage. What he presented was just the architectural style. He was glad to hear that Council feels an EIS is needed, but the question is the tuning of how to hove Page No. 7 March 21, 2006 forward. An EIS would normally come further down the road. It seems that Council wants the EIS before MinnStar goes any further. Mayor Huber responded that when MinnStar last left this a couple of years ago, Council was looking for the developer to submit the $7,200 for the scoping documents. Administrator Danielson stated that the city would possibly want to contact its consultant again to see if $7,200 is a valid figure and get comments from him. Mr. Bohlman stated that if this were to come through to a more formal proposal, MinnStar would submit an updated EAW simultaneously. That would have to be submitted to the city' s consultants for the scoping study for the EIS. Attorney Diehm stated that if Mr. Bohlman submits an application and there is a determination that an EAW is going to be prepared, then based on the EAW, MinnStar would move forward to the EIS stage. Mayor Huber stated that the process that was in place that last time, Council voted that an EAW was needed. That took about eight months. After it was studied, it was determined that an EIS is necessary. He asked if Council needs to reaffirm that an EAW is needed. Attorney Diehin responded that it depends on whether the proposed project is significantly the same as the project that initiated the environmental review process earlier. If there have been significant changes, it may make sense to have the application submitted and at that point a determination could be made that environmental review is needed. She agreed that the city should discuss the issue with its consultant again. Councilmember Duggan strongly recommended that MinnStar provide the city with an EIS. The only thing that has changed since the last time is that there is 8.5 acres that is not available. An EIS has a much more stringent method of determining what can go on than an EAW. He also suggested that Mr. Bohlman invite the community to sit in on discussions and listen to their thoughts on the proposal. Mr. Bohlman stated that if he just submits a completed EIS, the city and its consultants do not have a chance to participate in the scoping. Page No. 8 March 21, 2006 He stated that he thinks it would be appropriate to bring an updated EAW first. He stated that he is committing to doing an EIS. Councilmember Duggan recommended that Mr. Bohlman invite the community, native an otherwise, to sit in on the discussions and listen to their thoughts on what might be appropriate for the area. Mr. Bohlman responded that his next step will be to hold informal meetings with the neighborhood and get input. That will help to make sure that a project is designed that is unique to the community. Councilmember Vitelli stated that as Mr. Bohlman develops further ideas for the site he should take into consideration and be more considerate of the fact that the city, county and state have just spent $1.9 million to purchase and preserve the Pilot Knob site. He is disappointed that MinnStarr would put all of these units across from that site. He asked MinnStar to be a bit more considerate of the investment the city has made. Council heard brief comments from Gail Llewelen and Professor Bruce White. ZONING ORDINANCE Council acknowledged a memo from Assistant Hollister relative to a INTERPRETATION request from Ms. Tara Schwagmeyer for an interpretation of whether massage therapy fits one of the categories of pennitted uses in the B -4 District. Council also acknowledged an associated report from the city planner. Assistant Hollister stated that Ms. Schwagmeyer met with the city planner and staff to talk about whether massage therapy is an allowed use in the B -4 District, which also includes the B -2 uses by reference. She is inquiring about the possibility of performing massage therapy in the Peter Family Chiropractic office in the Mendota Plaza, not just for Dr. Peter' s patients but also for her separate client base. The question is whether Council is interested in allowing the use, and since it is not explicitly listed in the zoning descriptions, whether Council would be interested in amending the ordinance. Although there is a chiropractic office in the Plaza now, that is not listed as an explicit use in the ordinance. Mayor Huber responded that he would be in favor of trying to clean up the ordinance language for what is already in the district. If Council decides to allow the use, it would have to be a conditional use for this activity. Council retains a bit more control with a conditional use permit versus a permitted use. Page No. 9 March 21, 2006 Councilmember Krebsbach stated that she agrees with considering ( an amendment to allow massage therapy as a conditional use. She would want the use to be part of a full service beauty salon, or, if it is a stand -alone massage therapy business, that it qualify for a health care reimbursement. She stated that Council agreed to Brown College having the A.S. degree for massage therapy with the condition that the program was training for health care reimbursable services. Mayor Huber stated that there are services that physical therapists and occupational therapists do that are not qualifiable for health care reimbursement. Staff will need to craft the language Councilmember Schneeman agreed with Councilmember Krebsbach' s recommendation, stating that if Ms. Schwagmeyer' s (or any other applicant' s) license does not qualify her for health care reimbursement, Council would not grant the conditional use permit. COUNCIL COMMENTS Councilmember Vitelli informed Council that he has suggested to Administrator Danielson that he provide a timetable for replacement of the City Engineer. Councilmember Krebsbach extended Council's regards to the school district as they go through the transition time for a new superintendent. She also commended the members of the 50' Anniversary Committee, and especially Councilmember Duggan and for all of their work. Councilmember Duggan stated that he would like Council to include in a future workshop agenda consideration of establishing a uniform lights on/lights off policy for commercial areas and also discussion of floor area ratio versus lot sizes for residential areas. He informed Council that at the recent NOC meeting, the committee had unanimous agreement to allow Apple Valley to be included in the rotating membership. They will have a two year seat and they will report directly to the other rotating members. Administrator Danielson requested that Council schedule a closed session prior to the next regular meeting. He stated that he and Attorney Tom Hart met today with representatives of Par 3. Attorney Hart would like the opportunity to meet in closed session with Council on April 4 at 6:30 to discuss the outcome of the meeting with Par 3. Page No. 10 March 21, 2006 Administrator Danielson informed Council that Engineer McDermott is not present this evening because her family is in Denver looking for a new home before they get transferred. She will be with the city until the end of June, and Administrator Danielson would like to begin advertising through the middle of April. That will allow time to make a recommendation to Council on May 16. He stated that he would like to have two Councilmembers be part of the interview panel. Councilmembers Krebsbach and Vitelli volunteered to serve on the interview panel. Administrator Danielson informed Council that he and Councilmembers Duggan and Krebsbach and staff members met with Resurrection Cemetery representatives last week to review their long range planning. What they sold to so far, the Augusta Shores property and the ten acres that the city bought, is all they intend to sell. They plan to utilize the rest of their property for cemetery purposes and they talked about some specialty Hmong burial techniques they may have to discuss with Council. That will occur in the north part of their site. They also talked about looking to expand the cemetery into the western suburbs and are looking at a site in Eden Prairie. Staff discussed with Resurrection's representatie running a trail through the cemetery if the Lemay Lake addition is approved, and they did not disagree with that concept. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned to 6:30 p.m. on April 4 for discussion on the Par 3 litigation with legal counsel. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:54 p.m. K4ihleen M. Swanson City Clerk ATTEST: John J u er Mayo&