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2006-02-07 City Council MinutesPage No. 1 February 7, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 7, 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 Duggan moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on January 17, 2006 as amended. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 6j, Moen Leuer development agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the January 31, 2006, Planning Commission Minutes. b. Acknowledgement of the NDC4 meeting minutes and agenda. c. Acknowledgement of Building Activity Report for January. d. Authorization for Chief Aschenbrener to attend the M-ADD/ NHSTA Leadership Summit in New York on February 16 and 17. e. Authorization for the conversion of unclaimed property from police case number 05000825 to public use. f. Authorization for the temporary promotion of Engineering Secretary Nancy Bauer to Senior Secretary from February 24 Page No. 2 February 7, 2006 until Senior Secretary Shipton returns from disability leave in approximately six months. g. Authorization for the issuance of a temporary liquor permit to Beth Jacob Synagogue to allow the sale of wine and beer between the hours of 6:00 p.m. and 10:00 p.m. on May 22. h. Approval of the Delaware Avenue (CSAH 63)/TH 110 Intersection Joint Powers Agreement with Sunfish Lake. i. Adoption of Resolution No. 06-07, "A RESOLUTION RENEWING A CONDITIONAL USE PERMIT TO LINDER'S GREENHOUSES TO OPERATE A TEMPORARY SEASONAL GARDEN CENTER IN THE PARKING LOT OF MENODTA PLAZA UNDER CERTAIN CONDITIONS." j. Adoption of Resolution No. 06-08, "A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THOMPSON AVENUE DIVERSION PROJECT (JOB NO. 9410)", and authorization to execute a Joint Powers Agreement with West St. Paul for cost allocation. k. Adoption of Resolution No. 06-09, "A RESOLUTION IN SUPPORT OF STATE FUNDING FOR THE ROBERT STREET TRANSITWAY CORRIDOR STUDY." 1. Approval of the list of contractor licenses dated February 7, 2006. m. Approval of the list of claims dated February 7, 2006 and totaling $225,558.59. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 MOEN LEUER Council acknowledged a memo from Engineer McDermott DEVELOPERS AGREEMENT regarding revisions to the proposed Moen Leuer developers agreement for a development located at the northeast quadrant of I- 494 and I-35E. Engineer McDermott reviewed the proposed contract revisions for Council. Mr. Mark Metzger, present on behalf of Mr. Mike Leuer, stated that one of the issues that Mr. Leuer wanted to discuss tonight is an increase in the $5,000 limit for a change in the cost of improvements that would require Council approval. One of the concerns is the impact that will have on the city, Moen Leuer and the contractor. Because of the low dollar amount, any changes will have to be brought to the Council for approval, and Mr. Leuer is worried about bogging down the construction process. Ayes: 5 Nays: 0 PUBLIC COMMENTS Page No. 3 February 7, 2006 Mayor Huber responded that $5,000 is what Council is comfortable with. Councilmember Duggan moved to approve the development contract and authorize its execution by the Mayor and City Clerk. Councilmember Schneeman seconded the motion. Mayor Huber introduced Ms. Rhonda Fox, a city resident with guests from the Far East. Informed Council that she works at Henry Sibley High School and as a volunteer coordinator for international activities. She introduced three individuals who are teachers from Changsha in Hunan Province in China. She informed Council that the teachers, together with ten of their school's most outstanding students are staying with local families. She further stated that she hopes this will be the first of many exchanges. Ms. Cheng Cha Qua stated that she and the teachers and students from China are honored and impressed to be so warmly welcomed by the community. On behalf of her school and its principal, she expressed appreciation to Henry Sibley High School and everyone who has made contributions to the exchange program. She described her school and its history and stated that the teachers and students are here to learn about American history and its culture first hand and to experience life in a typical American community. She further stated that they hope to build a relationship with the city. Ms. Cha Qua then presented traditional silk scarves to the Mayor and City Council. Mayor Huber presented the three guests with lapel pins from the city and stated that Ms. Cha Qua is an excellent good will ambassador and that Council hopes the exchange program continues to be successful. NPDES HEARING Mayor Huber opened the meeting for the purpose of a public hearing to discuss the city's Storm Water Pollution Prevention Program. Engineer McDermott reviewed the city's best management practices to address the six required components of the SWPPP. The practices include participation in the Wetland Health Evaluation Program, including storm water related articles in the city newsletter, mapping the city's storm sewer system, inspection of outfalls, annual cleaning Page No. 4 February 7, 2006 of sump manholes, and updating the local Surface Water Management Plan. Upcoming practices to be implemented include construction of rain water gardens in. the Somerset neighborhood, ordinances addressing erosion control and illicit discharge, development of a complaint hotline, and updating the city's website to include information on the SWPPP and other storm water issues. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Schneeman moved to close the hearing. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06 -01, Council acknowledged an application from Mr. Don MITTELSTAEDT Mittelstaedt, of Mittelstaedt Brothers Construction, for a wetlands permit for construction of a new home within the wetlands setback at 1280 Lakeview Avenue. Council also acknowledged associated staff reports. Assistant Hollister reviewed the application and the Planning Commission recommendation, stating that 1280 Lakeview is the easternmost lot on the south side of Lakeview Avenue. About two years ago, the existing house was severely damaged by fire and it was decided that the house was beyond repair. Mr. Curt Hagen came before Council last fall for a wetlands permit to build no closer than 75 feet from the wetlands, but he had no plans and never built the house. Mittelstaedt has applied for a wetlands permit and appeared before the Planning Commission last week. When Mr. Hagen's application was approved last May, one of the stipulations was that the house could be built at a distance of 75 feet from the wetlands but the driveway could not be built any closer than 100 feet. Mr. Mittelstaedt has concluded that he cannot build a house and maintain the 100 foot setback for the driveway. He cannot simply build the house based on the approval that was granted to Mr. Hagen, and has applied for a wetlands permit to build the house 75 feet from the wetland but a driveway slightly closer than 100 feet from the wetlands. A wetlands permit is not actually a variance and the 100 feet is not actually a setback. A wetlands permit does not say one cannot build closer than 100 feet from the wetlands, but if one desires to do that, he must apply for a wetlands permit. There is no requirement for hardship. The city must determine that there is no negative impact on the body of water. Page No. 5 February 7, 2006 Councilmember Krebsbach stated that she thinks this is a very serious permit to consider because the property is on a lake, not a pond. She asked if a calculation has been done on the height of the house. Assistant Hollister responded that the code enforcement staff have reviewed the plan and the house meets the standards of the zoning ordinance. He reviewed the conditions recommended by the Planning Commission: that silt fence be installed during demolition and reconstruction; that a 25 foot natural vegetation buffer area be provided along the wetland to provide filtering and to minimize erosion; that the existing septic system be abandoned and that the new house be connected to city utilities; and, that the new house be constructed with the required aircraft noise attenuation. Councilmember Duggan commented that the planner's report stated that there will be grading to within 15 feet of the wetland edge. If there is a fence behind that, the fence will be useless in relation to preserving the wetlands. There needs to be a clear understanding on just how far to the wetlands the work will be and how the wetland will be protected. The city needs to give the applicant direction if there is a conflict. Councilmember Krebsbach stated that Council needs to take a serious look at the request and to use the same diligence it uses on other neighborhoods with something coming in close to a lake. She stated that she wants a report on the height of the building and that Council must be careful about approving a structure so close to the lake and working so close to the lake. Councilmember Duggan stated that he does not have a problem with this home but does have a concern about where the silt fence will be in relation to the grading. Mr. Don Mittelstaedt, project manager, informed Council that the silt fence on the drawing is simply an illustration. The fence will surround the area where the soil will be disturbed. It will surround the entire grading area. The home is being constructed for Mr. & Mrs. Scott Norling (who were present for the discussion). Mayor Huber stated that he would be in favor of the permit approval with the condition that the height of the structure does in fact meet the 25 foot maximum and that the proposed buffer zone is reviewed and approved by staff. Page No. 6 February 7, 2006 Councilmember Duggan moved adoption of Resolution No. 06 -10, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A NEW HOME TO ENCROACH NO FURTHER INTO THE WESTLAND SETBACK THAN 25 FEET FOR A MINIMUM DISTANCE OF 75 FEET FROM THE EXISTING WETLAND AT 1280 LAKEVIEW AVENUE" with the additional conditions that the height of he structure does not exceed the 25 foot maximum and that the proposed buffer zone is reviewed and approved by staff. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 1 Krebsbach Councilmember Vitelli stated that he thinks the home will be a good addition to the neighborhood. He does not consider the height to be an issue because it is the lowest lot and the top of the house is lower than the frontage road at T.H. 13. CASE NO. 06 -03, HOFFMAN- Council acknowledged a memo from Assistant Hollister regarding MENDOTA SHORE LLC a request from Hoffman Homes for review of a concept plan for the proposed Lemay Shores planned unit development. Council also acknowledged an associated report from the city planner. Assistant Hollister informed Council that Hoffinan- Mendota Shore met with the Planning Commission last week to discuss a concept plan for twin homes on the east shore or Lake Lemay. The proposed development is similar in many ways to the Augusta Shores development that Hoffinan Homes developed four to five years ago. He stated that any comments and discussion by Council this evening are not binding. There is also a moratorium against subdivision in effect. Although they did not hold a public hearing, the Planning Commission received comments from a resident, ARC member Ellsworth Stein and Mr. Chad Leqve from the MAC. Councilmember Vitelli asked if Mr. Legve's visit was for a factual presentation on noise levels or an objection by the MAC. Assistant Hollister responded that Mr. Leqve did not request or insist that the city now allow the development. He presented the facts from MAC's point of view and did not say they object to it. He conceded that a land use decision is under the city's control and not MAC's. When someone asked how many complaints the MAC complaint line has received from the first Hoffman development, Mr. Leqve stated that there have been minimal complaints. Mr. Leqve did say that MAC requests that the homes be insulated and that the homeowners be notified of the implications of airport noise. Hoffman has indicated that is what they have planned. Page No. 7 February 7, 2006 Councilmember Vitelli stated that in the last development, one of the conditions was that it meet the city's code for insulation and noise attenuation. He asked if Hoffinan met or exceeded the city requirement. He stated that Ellsworth Stein was present for the commission's discussion and he respects Mr. Stein's opinion. Assistant Hollister stated that all Mr. Stein stated was that the ARC would be looking at this development at their next meeting. Mr. Peter Coyle, representing Hoffinan, stated that Hoffman Homes feels that Phase 2 (this development) will be more of the same and even better than the first project. He stated that Hoffman originally projected 70 units on the 68 acres, but the concept they have submitted reflects a total of 62 units. That is because Hoffinan heard a comment that they need to do a very good job of respecting the views of the Furlong neighborhood. The tree stands that buffer the west and east will be preserved and Hoffinan will install a conservation easement to protect that buffer in perpetuity. For the vast majority of the existing homes, they will have no view of the development other than what they see today. Hoffinan understands there is a concern about airport noise. They met with MAC staff three weeks ago, and MAC was strongly supportive of Phase I and this project. They indicated that the noise attenuation Hoffman incorporated in the first project exceeds the city standards. Hoffman had asked the MAC noise consultants what they would recommend and incorporated those recommendations into noise attenuation for the first project. He then reviewed the proposed density, stating that there are roughly 68 gross acres and about 40 acres will not be affected. The density is about half of the first project. Hoffinan is anticipating a different style for this project. It is a cottage style project with a mixture of front -load and side load garages. He then reviewed the proposed exterior building materials. Councilmember Duggan discussed the traffic projection and expressed concern about the ability of emergency vehicles to make turns. He asked if the turnaround at the south is temporary. Mr. Pat Hoffman responded that his intent would be to do a temporary turnaround. The property to the south is city property and the city may ultimately want to make a connection there. Mayor Huber felt that it should be a cul -de -sac. Page No. 8 February 7, 2006 Administrator Danielson responded that there should be some sort of turnaround for snow plows, etc. The city has allowed temporary turnarounds in the past, and one could be permitted and then removed in the future. The turnaround would be on the city property. Mayor Huber stated that is something Council will need to discuss. In his neighborhood, before Park Place was built, Farmdale was a temporary cul -de -sac. When Park Place was platted, there was a debate about whether Farmdale was ever intended to go through. If Council thinks the road should end at the property line, then there should be a cul -de -sac. If Council thinks there is a reason to have a connection to the city owned property, then it should be delineated. Councilmember Duggan stated that there has been a concern from a lot of people about openness and access to the lake. There is a trail connection and people have a concern about being able to get to the lake without crossing private property. He asked if there can be a view built in that area, and if not, he would like to see it better landscaped so that the four to six homes there would enjoy better protection. He felt that the roof lines look a little massive and asked what the concern of the Planning Commission was about water quality. Mr. Hoffinan responded that he believes it was brought up because the commission felt that Lake Lemay has gotten greener. He stated that he has aerial photos and it is not any greener. His goal will be to leave the area around the lake natural. Councilmember Krebsbach stated that Augusta Shores is a high quality development and all of the homes have sold. She appreciated that Hoffman is respecting the Furlong neighborhood. She commented that it appears that the link towards Resurrection could be an emergency entrance. Assistant Hollister agreed, stating that the city would blacktop that and barricade it for emergency vehicles only. That has been an access for fire vehicles. Councilmember Krebsbach suggested that there be some kind of a finish on the cul -de -sac that is adjacent to the city property so the barricades are not needed. She stated that August Shores is a good development and can see this following the same path. Page No. 9 February 7, 2006 Mayor Huber stated that it seems like the developer is creating an expanse of blacktop. It is not obvious why the first cul -de -sac to the north needs to be there. Councilmember Schneeman suggested that the developer work with rain gardens. She liked the side entrance garages and asked if there is any public access to Lake Augusta. Mr. Hoffinan responded that no public access has been designed. They talked about putting a gazebo in the north end of the Augusta Shores development and the feedback was that could become a nuisance. One of the things they did at Augusta Shores was to commit to not having docks on Lake Augusta. They will make that same commitment on Lake Lemay. He plans to leave the area natural rather than putting a trail down to the lake. Councilmember Vitelli stated that the proposal is good and he supports it. He asked what the square footages and estimated sale prices of the units will be. Mr. Coyle responded that the main level of the units will be between 1,800 and 2,000 square feet and the home owners will have the ability to finish the basements. The projected sale price is $500,000 per home. CASE NO. 06 -02, ZONING Council acknowledged a memo from Assistant Hollister regarding ORDINANCE AMENDMENT a proposed Zoning Ordinance amendment to allow replacement of non - conforming driveways. Assistant Hollister informed Council that the Planning Commission discussed both an amendment for existing driveways and an amendment for gated driveways. He stated that he asked the planner to add something to his report to address driveway gates. The police chief was concerned last year that driveway gates be passable by emergency vehicles. The driveway gate issue will be coming to Council at a future meeting. The commission could only come to a recommendation on the driveway issue. Councilmember Krebsbach stated that if a driveway is non conforming, the proposed ordinance would allow homeowners to replace them in the same location. A neighbor would not have the opportunity to object. She felt that there should be a cautionary statement that a driveway must have had city approval at the time it was installed. She also felt there should be notification to the neighbors. Page No. 10 February 7, 2006 Assistant Hollister responded that the intention is that permission would not be given to replace a driveway in the case where a driveway was illegally installed. City Attorney Diehm suggested adding "legally non-conforming" between "existing" and "driveway." Councilmember Duggan moved adoption of Ordinance No. "AN ORDINANCE AMENDING SECTION 12-1 OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR REPLACEMENT OF EXISTING NON-CONFORMING DRIVEWAYS." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PRECINCT CAUCUSES — Council acknowledged a memo from the City Clerk informing MEETING DATE CONFLICT Council that the March 7 Council meeting conflicts with the date of the precinct caucuses and recommending that the meeting be rescheduled. After brief discussion, it was the consensus to reschedule the March 7 meeting to Monday, March 6. CITY ATTORNEY Council acknowledged a memo from Administrator Danielson PROPOSALS regarding proposals received from law firms in response to the city's request for proposals for legal services. Administrator Danielson stated that the city received seven responses to the RFP. He asked that Council select how many firms they wish to interview and select those firms. After discussion, it was the consensus that the Councilmembers should rank the firms and submit their list of rankings to Administrator Danielson by Friday. ANNIVERSARY Council acknowledged a memo from Operations & Projects CELEBRATION Coordinator Kullander regarding the 2006 parks celebration and 50th Anniversary recognition. Councilmember Duggan stated that his understanding at the last meeting was the Council would be given an update after the next anniversary committee meeting. He then gave a brief update on his attendance at a meeting of the Town Center business owners and meetings with the McDonalds and Subway owners. He stated that Page No. 11 February 7, 2006 there will be an informational flyer distributed a month before the celebration to inform residents about the event. He will bring the concerns Council expressed at the last Council meeting to the anniversary committee on February 14. With regard to dignitaries, he stated that anyone can come if they wish but they may not be a part of the parade. He has not written follow up letters to them yet. Councilmember Schneeman stated that the Inver Grove Heights celebration committee requires a $50 to $75 fee from any politician who wants to be in a parade. Councilmember Krebsbach stated that the people who were invited should not be uninvited. Councilmember Duggan stated that it is the office that would be recognizing the city, not the individual who comes. Councilmember Krebsbach stated that she is comfortable with what she saw in the committee minutes and commended Councilmembers Duggan and Schneeman for serving on the committee. Councilmember Duggan stated that the committee needs to nail down times for the events and name someone to be responsible for each event. That will be discussed at the committee meeting and he will bring that back to Council at the next meeting. Registration forms for the 5k run, sports and other activities will be included in the next city newsletter. Also, it would be wonderful to persuade everyone who has lived in the city for 50 years or more to be part of the celebration. Councilmember Vitelli complimented Councilmember Duggan on his enthusiasm. He had four concerns. He is opposed to Councilmembers soliciting donations. He cautioned Councilmember to be careful in committing staff time and asking them to do things. It seems like the list of activities could be an over extension of what can be done, and if Councilmember Duggan senses that happening, he should cut things. He felt that all of Council would rather not do something than to do it poorly. He also asked Councilmember Duggan to make sure there is not a financial issue in the end. Councilmember Duggan stated that at the last Council meeting he commented on the Treasurer's report. The city actually had a surplus last year, and just 10% of that surplus would make up the difference between what has been committed to the anniversary celebration and the anticipated expenses. Page No. 12 February 7, 2006 COUNCIL COMMENTS Councilmember Vitelli complimented Assistant Hollister for being so concise and literate and knowledgeable when Council asks questions. Councilmember Schneeman stated that the skating rinks are open and there are many children using them tonight. Mayor Huber informed Council that on Friday there was a hearing at the Capitol on bonding requests. He expressed appreciation to Representative Hansen and Senator Metzen for sponsoring a bill for $50,00 for Mendota Heights for the Pilot Knob site. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:27 p.m. K hleen M. Swanson City Clerk ATTEST: John J. Huber Mayor /