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2005-10-18 City Council MinutesPage No. I October 18, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 18, 2005 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, Mimiesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Co-uncilmembers Duggan, Klebsbach and Vitelli. Councilmember ScImeeman had notified Council that she would be late and arrived at 7:33 p.m. 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. Couricilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Co-uncilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6f, request for trail construction, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Minutes & Agenda. b. Acknowledgement of the Unapproved Minutes from the October 11, 2005 Parks and Recreation Meeting. c. Acknowledgement of the Approved Minutes from the September 14, 2005 Airport Relations Commission Meeting. d. Acknowledgement of the minutes from the August 9, 2005 Parks and Recreation Meeting. e. Acknowledgement of the Fire Department monthly report for September. f. Acknowledgement of the Treasurers monthly report for September. g. Authorization for issuance of a Purchase Order to Tri State Bobcat for a Snowblower Attachment for the Bobcat for its quote of $5,735.40. h. Authorization for issuance of a Purchase Order to Ancom Communications for six pagers for the fire department for their low quote of $3,288.90. Page No. 2 October 18, 2005 i. Approval of the Rescheduling of the November Parks and Recreation Meeting to November 9 and cancellation of the December Parks and Recreation Conunission meeting. j. Approval of Cancellation of the December Planriing Commission Meeting and Rescheduling of its January Meeting to January 31. k. Adoption of Resolution No. 05-100, "A RESOLUTION APPROVING AN AMENDMENT TO THE DISPATCHING CONTRACT WITH DAKOTA COUNTY." 1. Adoption of Resolution No. 05 -101, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IVY FALLS ADDITION STREET RECONSTRUCTION." m. Approval of the list of contractor licenses dated October 18, 2005. n. Approval of the list of claims dated October 18, 2005 and totaling $629,055.85. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on October 5, 2005 as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TRAIL REQUEST Council acknowledged a memo from Operations & Projects Coordinator Kullander relative to requests from a resident on Sunset Lane for construction of a trail segment from the Sunset Lane cul- de-sac westerly to the Ivy Falls neighborhood and requests from residents in the Bunker Hills area for a trail segment from the Bunker Hills neighborhood south to the Valley Park trail. Councilmember Krebsbach stated that the Mendota Heights Moms group is interested in a trail being completed along Dodd from the Village to Marie. She asked for a history of where the current requests came from and whether a trail along Dodd can be included. Engineer McDennott responded that staff came to Council several months ago requesting authorization to prepare a feasibility report for a trail along Dodd and that study is underway. The current requests came from a resident on Sunset Lane who would like a connection from Sunset to Sylvandale. There is a nice open space for putting a trail in if the neighbors are all agreeable. Page No. 3 October 18, 2005 Cou cilmember Krebsbach stated that one of the priorities of the city 7 is a trail along Dodd. She asked if the Parks and Recreation Commission has considered that and if putting the trail segment in the Bunker Hills neighborhood would preclude a trail along Dodd. Mr. I,'-ullander responded that staff has already been directed by Council to do a feasibility report for a trail along Dodd from Town Center to Marie. Once the study is done, staff will look at funding options and will likely recommend that the work be done in 2007. Staff will need to coordinate that with MnDOT. Staff will design the trail and MnDOT must approve the design. That will take about 18 months. The two segments being considered this evening would be fiuided by the special park fiuid. The one on Dodd could be fielded either by MSA or the special park fiuzd. Cotulcilmember Krebsbach moved to approve the requests for construction of the two trail segments. Coiuicilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Cliff Timin updated Council on his efforts with respect to goose control. ASSESSMENT HEARING: Mayor Huber opened the meeting for the purpose of a public 2005 STREET IMPROVEMENTS hearing on proposed assessments for the 2005 Street Improvement projects. Engineer McDermott stated that the purpose of the hearing is to consider proposed assessments for the 2005 improvement projects which include the reconstruction of Dodge Lane, Simset Lane and Ivy Falls Avenue and the rehabilitation of Ivy Hill Drive, Maple Park Drive and Ridgewood Drive. She then reviewed the proposed assessment rates for reconstruction and rehabilitation. Most of the streets have been paved except for Ivy Falls Avenue. The townhome association hired the city's contractor to repave their parking lot and the contractor is trying to get the lot done first so that he does not have to drive over the new streets to do that work. She informed Council that she has received two requests for deferment of assessments uritil such time as the land develops. Dodge Nature Center has requested deferment. Staff proposes to assess the property in the future should they ever put in a driveway to Dodge Lane. Mr. Kevin Cleric has a second lot that he chooses to keep open and he is asking for deferment until such time as it develops. Page No. 4 October 18, 2005 Mayor Huber stated asked if Mr. Clark would have to come to Council for -utility connections should he decide to build on the lot or sell it. Engineer McDermott responded that he will need to request connections and also that the assessment will be recorded as deferred at the county. Property owners can pay their assessments to the city without interest within 30 days of the adoption of the assessment roll. Unpaid assessments for the street rehabilitation project will be certified for collection over ten years and the street reconstruction project will be certified for collection over 19 years at 6% interest per year. Mr. Rich Mike, 651 Sunset Lane, asked if people can pay off the balance in the fixture. Engineer McDermott responded that the assessment balance can be paid to the county at any time but interest will apply after 30 days. Mr. Mike asked if there are any plans to plant trees or grass on the city property at the end of the dead end. Engineer McDermott responded that the area will be sodded or seeded later this week. Mr. Paul Ryan, 522 Dodge Lane, asked if the November 18 certification date is firm if the project is not complete. He stated that there was a comedy of errors with the utilities. He lost electricity, gas, telephone and Comcast in one day and there are still temporary wires. There is a five foot hole that the utility company has not filled and he understands their people are working on storm damage. He stated that he would like to get the utility work done this fall and is not anxious to pay the assessment -until the work, is all completed. Engineer McDermott responded that the city retains 5% of the contract amount until the project is 100% done to the city's satisfaction. The city cannot hold the -utility companies to the contractor's completion date. It is the responsibility of the utility to do all of the restoration work and the city will keep on them, but she cannot guarantee it will be done by November 18. The reason staff wants to have the assessments adopted tonight is that it will save the residents interest. If the assessments are not adopted until January, another year of interest would have to be applied. Mr. Ryan stated that he does not intend to pay for a project that is not completed. The city has more leverage against the utility than he has. Page No. 5 October 18, 2005 Engineer McDermott responded that she had another instance on a project started last year with Xcel where it took until yesterday for them to finish the sod restoration even though she called them every week. She will try calling them again. She stated that Coimcil could defer adoption of the assessment rolls to the next meeting but the rolls need to be certified to the county by a certain date. Mayor Huber asked Engineer McDermott to give him an update at the end of next week and perhaps he and staff can have a conference call with the city's Xcel representative Collette Jurek. Mr. Stan Lirmell stated that Engineer McDermott mentioned that the city plans to sod the end of Sunset but he does not think the city ever intends to snow it. He suggested that prairie grass would be a better idea than sod. Ms. Sally Countryman stated that she is very happy with the work. The contractor did a wonderful job but the city said property owners would be notified every step of the way and that did not happen. The work started two or three days before she got a letter from the city. Engineer McDermott apologized, stating that she tried to get firm dates from the contractor but they started sooner than anticipated so the letter did not get out in time. There being no fiirther questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved adoption of Resolution No. 05 -102, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE 2005 IMPROVEMENT PROJECT (IMPROVEMENT NO. 2005, PROJECT NO. 1)," Resolution No. 05 -103, "RESOLUTION DEFERRING THE MAKING OF ASSESSMENT AS TO DODGE PROPERTY (IMPROVEMENT NO. 2005, Project No. 1)," and Resolution No. 05 -104, "RESOLUTION DEFERRING THE MAKING OF ASSESSMENT AS TO CLARK PROPERTY (IMPROVEMENT NO 2005, PROJECT NO. 1)." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 6 October 18, 2005 PILOT KNOB HEARING Council acknowledged a memo from Administrator Danielson regarding a public hearing on the proposed acquisition of the Pilot Knob site. Council also acknowledged several letters in support of the acquisition. Dr. Fred Harris, from Great River Greening, was present to review the Natural Resource Management Plan which the city had retained him to prepare. Administrator Danielson informed the audience that the Pilot Knob site is located at the south end of the Mendota Bridge. It was proposed for development into townhouses a few years ago and the city asked the developer to complete an EIS. Instead, the developer sued the city and there was a lengthy battle in court, all the way to the Supreme Court. During that time, a private agency negotiated with Dakota County, the DNR and others, to come together with funds whereby they could purchase the site and keep it open. They recently asked the city to cooperate with their effort by contributing money and ownership. After receiving the request, the city was concerned about some of the acquisition costs and future costs. Council asked for proposals to prepare a natural resources study and retained Great River Greening. The study gives options and possible funding sources to improve the site and to maintain it for the next ten years. Mayor Huber informed the audience that Mr. Bob McGillivary, from Trust for Public Land is also present. TPL was responsible for much of the negotiation and assembling the project. Dr. Harris stated that his firm was hired to identify a reasonable and basic plan for managing the site. The goals of the study were to address the highly disturbed condition of the site, to make it an inviting and attractive place befitting the gateway to the city, to make it compatible with the system of natural areas that adjoin Pilot Knob, to create a setting appropriate for the community to learn about and honor its cultural and historical significance and to determine a reasonably low cost approach to restoration and management that achieves the desired results. Great River Greening analyzed what currently exists on the site. He reviewed photographs of the site and described the plants that currently exist on the site. The site is unusable as it is right now. The Seth Eastman drawing of Pilot Knob in 1847 provided the most significant tool for identifying the ecology of the site. He reviewed the plants, grasses and trees that existed according to the Eastman drawing. Dr. Harris reviewed the plan Great River Greening prepared a for restoring the native plant communities. He then reviewed the restoration and management process for planting and maintaining the site. Dr. Harris reviewed Page No. 7 October 18, 2005 the estimated costs for site preparation, plant establishment, maintenance, tree planting and trail, overlook and parking construction. He reviewed potential funding sources and verbal commitments for restoration funding and potential in-kind contributions and grants. Councilmember Schneeman asked Dr. Harris to explain what exotic plants are for the audience. Dr. Harris responded that they are plants that are not native to this area but have made their way here fi-om other countries. The problem with them is that they crowd out native species and create problems for wildlife. Councilmember Krebsbach asked what the city's costs would be each year on average if the total restoration cost is $140,000 over the ten year period. Dr. Harris responded that it would cost about $52,000 over the first two years because of the need for very intensive preparation work to prepare the land for restoration and to purchase the seed.. That estimate is based on no volunteers participating. The potential sources of interest are very large, and he would think many people will come forward to assist in the restoration. Councilmember Krebsbach stated that Council needs to be cognizant of planning as if there were no volunteers. She asked how critical it is to restore the site as described in the plan and who the city is accountable to for completing the plan. Dr. Harris responded that if there are grant funds for the restoration, the city may be accountable to the sources of the funds. Mayor Huber stated that as Council has been looking at this issue over the last few months, some of the grant money that is envisioned assumes that there will be some restoration. Council commissioned the study to understand what the city's potential exposure is for restoration costs. The plan prepared by Great River Greening is a solid plan to bring the site back to its original state. Dr. Harris has identified several potential grant sources and volunteer resource. Dr. Harris stated that there re lots of different organizations that fund restoration projects and there are many individuals in Mendota Heights who are interested in volunteering as well as many others. He suggested the city engage a partner to do grant writing. Page No. 8 October 18, 2005 Councilmember Duggan stated that there is a map on page 32 and 38 of the study showing native plant communities for restoration of Pilot Knob. He asked if that plan will work for volunteers and staff to plant or if the city will have to go out and buy plans for the site. He also asked about the seeding plan on page 38 and the cost of planting trees on page 43. Dr. Harris stated that the city can take the plan on page 32 and get a contractor to do seeding. It is not necessary to get a different plan. Some of the seed will need to be spread by hand. Page 38 is different because scattered trees will need to be planted. He stated that he has provided cost estimates for four different tree options. One option is to plant the trees in mounds because the Native American community considers this a burial ground and there should be little disturbance to the ground. It may that an archeologist could be present to monitor the digging. In that case the trees could be planted in the ground, which would be much less expensive. If six foot trees are planted, they would be more fire resistant if the site is going to be managed with fire in the ftit-Lire. If acorns are planted, there would need to be much more effort to protect them in the ftiture. Councilmember Duggan asked if the low cost overlook design is included in the plan or if it is an option the city can look at. He also asked about the $63,000 that Dr. Harris referred to in the study as verbal commitments. Dr. Harris responded that what is included in the study is a very low key approach. He stated that $37,000 of the $63,000 is an application for grant finds and the remainder is verbal commitments. He stated that he is very optimistic that the city will be able to generate substantial funds for this because of the site's ecological, historical and cultural aspects. Councilmember Vitelli stated that the land has been an issue for quite a while. The current owner has expressed a willingness in selling the 8.5 acres for about $1.9 million. The Trust for Public Land has worked with the DNR and the county and has found sources for $1.5 million of the $1.9 million. They came to the city and asked if the city would contribute the remaining $400,000. The city would then own the property. It could not be developed and it would have to be restored and maintained as described in Dr. Harris' presentation. Council must decide if the city's tax payers want to spend the money to buy and preserve the site. It is a beautiffil site Page No. 9 October 18, 2005 and there is tremendous opposition against developing the site with townhomes by the Native American community and people who want to preserve the site for historical purposes and the view of the river. Mr. Robert McGillivary, from the Trust for Public Land (TPL), gave a brief overview of his organization and what it is that they are proposing. TPL is a national, non-profit real estate conservation organization with a mission to preserve land for people to enjoy as parks gardens and other natural places. He showed slides of projects that TPL has worked on in Minnesota. TPL helps communities acquire land for parks and open space. They acquire an option on a property and help raise hinds during the option period so the amount of money the commimity pays for the property is substantially less than what the owner receives for the property. When everything is lined up, TPL acquires the property and sells it to the community. He showed photos of the site and explained why Pilot Knob is so important in terms of ecology, historical value and cultural value. There is wide support for preservation of this property, as evidenced by a list of letters of support from agencies, groups and individuals for conserving the property. He described TPL's role with Pilot Knob. He then reviewed the commitments for funding for acquisition. TPL is asking the city to commit $400,000 to the purchase, to agree to own the property, to be the grant applicant on state and county grants and to direct the city's staff and attorney to complete work on the transaction so it can close by the end of the year. Councilmember Krebsbach stated that Council was concerned this summer about additional financial exposure. She asked if there anything more that the city needs to contribute other than the $400,000 and the restoration cost. Mr. McGillivary responded that the city would be responsible for the restoration and normal maintenance costs that the city would have with any of its property. All of the funds in the TPL ftinding package are firm. Councilmember Vitelli asked why Mr. McGillivary believes the purchase price is right. It seems like it is too high. Mr. McGillivary responded that TPL has had a professional MAI appraiser appraise the property a year ago. That appraisal is being updated, and he is informed that the land will appraise for the $1.9 million. Page No. 10 October 18, 2005 Councilmember Vitelli felt that the appraisal should take into consideration the hurdles and legal fees the owner would have to go through to deal with the agencies and objections of the Native American who would probably file a lawsuit. Mr. McGillivary responded that the appraisal takes those items into consideration. Attorney Schleck stated that he does not believe the appraisal takes those things into account. It does not spell out the specific costs associated with development of the property as proposed in the appraisal. The appraisal values the property as if it were to develop as single family. It does not take into account the challenges to develop it as single family. Mr. McGillivary responded that it takes into account what it would cost to perform an EIS and looks at similar properties. The proposal that was previously submitted for developing the property passed through the Planning Commission before it came to Co-uncil and before the citizen lead effort to require an EIS occurred. Attorney Schleck responded that the appraisal nebulously takes into account some of the challenges but not all of the challenges associated with developing the site as single family. It takes EIS preparation into account but does not take into account the potential for law suits. Mr. McGillivary agreed that it does not take law suits into account but it does take into account the EIS. Councilmember Vitelli stated that Council should let the citizens know that following other courses that Council could take would expose the city to legal fees. If Council does not do this, there will be quite a few problems the city will have to deal with because the developer will not be happy. Mayor Huber agreed, stating that the city has taken a lot of legal steps on this and has been judged correct by several courts and that did not come for free. The city has spent well over $50,000 already on this site not including staff time. Mayor Huber asked for questions and comments from the audience. Mr. Al Singer, manager of the Farmland and Natural Areas program for Dakota County stated that this morning the Dakota County Board of Commissioners voted to authorize a joint powers agreement with Page No. 11 October 18, 2005 the city committing $400,000 for acquisition of the property and $10,000 for capitol improvements such as restoration. The couuity has been a very important partner in trying to make this project happen. He has worked with the city staff on how to manage this parcel. He has found that a lot of public entities do not think about how they will manage a piece of property and how much it will cost. That is why the county requires a plan up front. The city does not have any obligation to follow through on implementing the plan. He likes the plan developed by Great River Greening and thinks it is appropriate for this site. He stated that there is tremendous potential for engaging other organizations, individuals and finding sources to see the plan through. He stated that the county will continue working with the city to make this site a public benefit to the residents of the city and the county. Mayor Huber acknowledged letters of support from Senator Metzen and Representative Rick Hanson. He introduced Representative Hanson to the audience. Representative Hanson stated that before he was a representative, he worked on the farmland natural area referendum. In all of Dakota County, Mendota Heights had the highest voting percentage in favor of the referendum in all of Dakota County. That shows that the residents of Mendota Heights really care about open space. He worked with a lot of partners to try to get that referendum passed, including other conservation organizations, and he is available to help in making this happen. Ms. Irene Jones, Outreach Director with Friends of the Mississippi River, offered encouragement in the decision. FMR has over 1,500 active members and thousands of volunteers. She thanked Council for the steps it has taken to date to protect the site from development. She encouraged Council to approve the purchase of the site and the plan prepared by Great River Greening. She asked that Council give consideration to the significance of the site. Hopefiilly FMR can help with restoration efforts, both in raising funds and providing volunteers to help with restoration. She stated that because of the significance of the site, she has no doubt that finds for restoration can be raised from a variety of public and private sources. Ms. Celeste Riley, 1013 London Road, a member of the Sierra Club, submitted a letter from the Sierra Club in support of preservation of Pilot Knob. She stated that the North Star Chapter of the Sierra Club is donating $500 and will make a significant commitment of volunteer hours to assist during the Pilot Knob site restoration. Page No. 12 October 18, 2005 Mr. Wally Kurtz, Maple Park Drive, stated that he is in favor of the plan for the restoration of the site except that he has a concern about management and maintaining the site. He stated that he lives near Ivy Hill park, and it was a beautiftil park many years ago and then storm water was directed through the pond and now the water is green. He stated that the beautiful park, has gone by the wayside. The plantings are not maintained and nothing gets done unless he complains to Council. If the Pilot Knob site is acquired, he hopes that it is well taken care of. Ms. Jennifer Otto, 1954 South Lane, stated that she is strongly in favor of acquiring the property. The site is of significant importance and it should be acquired for preservation and restoration. She stated that she is willing to commit time and effort in the fiord raising efforts. Mr. Joshua Hodak, a representative of the Sierra Club, noted that Pilot Knob is listed as an endangered green space in the Sierra Club's 2004 Citizen's Guide to Endangered Green Space. The Sierra Club would like to see the site moved to the protected green space section of the guide and has made a commitment of $500 and will commit volunteers to restoration of the site. TPL is also expert at getting volunteers. Mr. Jim Losleben, 815 Hazel Court, stated that he is concerned about the value of the site. Having lived in the city for over 35 years, all the professional planners have never identified the site as beautiful as he heard tonight. He stated that in his business he looks at total cost over 15 years. The net present value of $400,000 is $784,000 and $14,000 per year escalated at 3% over ten years is another $264,000. That is $1 million to the city over a fifteen year period. He asked if the citizens will get a chance to vote for that $1 million investment. Mayor Huber responded that there are a couple of things that make it difficult to do a referendum. One is that the timeframe is relatively tight. The litigation only concluded within the last four months. TPL stepped forward and was able to negotiate a purchase agreement but that has a time limit that expires within the next couple of months. He stated that the last referendum, for parks, was $3.5 million. The present value of that is about $8 million. Although $400,000 is a lot of money, it is way less than 10% of that referendum. Council makes many decisions about spending. As an example, the radio -upgrades that are part of the city budget will cost $250,000 over the next year or two. The city is also switching over Page No. 13 October 18, 2005 to county dispatching and will be replacing a lot of equipment. Council makes decisions about several hundred thousand dollars each year that they do not take to the voters. Council is holding this public hearing and there has been a lot of press coverage to get information out to people. Ms. Chris Snyder, 2085 Valencour Circle, stated that she likes the plan to have open space to commemorate the history of the area but has a concern for the rest of the developable land in the area. She asked if the Acacia property will be open for development. Mayor Huber responded that there is still an EIS designation on this property. If the city acquires this property, the plan that was before Council cannot come back before Council because the city carn-lot develop the property. Whether Acacia or someone else has different ideas about what to do with the Acacia property is up to someone else at a future point. The city does not know what Acacia might want to do. Councilmember Krebsbach pointed out that the agreement on the Pilot Knob site does not preclude development of the Acacia property. Responding to a question from Ms. Snyder, Mayor Huber stated that the city is almost fully developed and its tax rate is one of the lowest in the Twin Cities. Because of the vision of previous Councils, this is a high quality developed city. There are a few incremental developments left. The way he views the tax rate is that the city provides services to the residents. The rest of the city's taxes neither go tip or down when property develops. When new development comes in there is incremental revenue but also incremental cost. Council still wants to fill in those areas that are still available for development, like the OPUS site, but also wants to make sure to preserve what is available. Ms. Snyder asked if the city will be asked in the ftiture to subsidize the purchase of the Acacia property. Mayor Huber responded that this is a significant contribution and what happens on the Acacia property is a decision for another day. Mr. Stan Linnell, a member of the Parks Commission, stated that the Parks Commission has not been formally asked to take a position, but he believes the commission would be supportive of city Page No. 14 October 18, 2005 acquisition of Pilot Knob. He expressed appreciation to the outside agencies that have offered fields to make the acquisition possible. Mayor Huber introduced Ms. Gail Llewellen, stating that before there was TPL and a lot of people working on this, there was Ms. Llewellen and he does not know if there is a way to adequately expression for everything she had done. Ms. Gail Llewellen, 656 Sibley Memorial Highway, President of the Pilot Knob Preservation Association, stated that she would not be here without the many groups that comprise the association. All of them have come together to urge Council to preserve the site. She then read a statement from Ms. Rhoda Gillman, a member of the state archeological association and author of a book on Henry Sibley, urging Council to preserve the site. Ms. Llewellen stated that two years ago she attended her first City Council meeting on this topic and Council urged a small group of opponents to development to come back and tell Council what it is they wanted done and how they would go about doing it. The vision before Council tonight is that vision. The small group has become a multitude. More than 200 of them expressed their concerns in the environmental assessment process and more than 500 expressed their concerns in petitions delivered to the city last week. Since that time, the site has been recognized nationally by being placed on the National Register of Historic Places. On behalf of everyone she has talked to, she heartily endorsed the plan prepared by Great River Greening and TPL. In particular, the paramount importance is the restoration to the site's natural condition, the commitment to the long term vision for the site, interpretative materials, walking trails and an overlook using natural materials. The Pilot Knob Preservation Association offers to help write grant applications, contribute at least $1,000 towards the city's expense and participate in volunteer days. She urged Council to honor the thousands of years of history by preserving this portion of the "Hill Much Visited" forever. Councilmember Krebsbach stated that the city has made good decisions about how it would develop. Pilot Knob is still green, it is still open, and there were developments Council did not accept. She commended the level of commitment people have made and she can see that Council does not need to worry about the $140,000 investment and that people will be stewards of the property. She stated that she would like to see the commitments in writing. She thanked Senator Metzen and Representative Hanson for their support as well as Dakota County. Page No. 15 October 18, 2005 There being no further questions or comments, Councilmember Schneeman moved that the hearing be closed. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Huber stated that he would like to see Council put the process in motion to go forward with the grant application and direct staff to prepare the documents for the next meeting for the $400 contribution. Attorney Schleck stated that one thing that is important is to understand the parameters of what the city is going to do. It is important in some type of motion to limit the city's initial financial contribution to $400,000. He also stated that it is important that there be something that would limit the city's process for restoration and maintenance to the things contained in the Great River Greening plan and it is important to talk about how the city is going to move forward in terms of whether staff is going to do everything in terms of the parameters that are laid out. If Council sees fit to do that, staff will come back with a formal resolution next meeting. Mayor Huber stated that the parameters would be that the contribution not exceed $400,000, that the plan is a good one, that the city continue to work on grant applications that might be appropriate in that regard. The grant applications for acquisition are already in place, but staff will have to complete the applications and bring them to Council for approval. Councilmember Krebsbach stated that she has not seen all of the documents that add up to the $1.9 million and would want to see those. Mr. McGillivary stated that the if he were to inform the DNR and Dakota Cotmty to bring forth the grant agreements, those agreements would show the commitment. He could ask those agencies to send a letter to the city. Mr. Singer stated that Dakota County was the applicant for the state grants because the city was involved in the litigation. Those commitment letters have already been received by Dakota County with the full awareness by the state that the city would be a partner. The county has the commitments from Metro Greenways, the Natural and Scenic Area program, the remediation fiend, and the vote from the county board authorizing a joint powers agreement with the city for the other $400,000. With the exception that has been raised Page No. 16 October 18, 2005 privately through TPL, all of the money is in place to Hind the acquisition. Cotuzcilmember Krebsbach asked if there is a letter of commitment from the Trust for Public Land. Mr. McGillivary responded that TPL will be selling the land to the city for $120,000 less. The TPL attorney has been working with the city attorney on drafts of a purchase agreement. Mayor Huber stated that he is supportive of the acquisition, but he would like people to know that there are procedural steps that need to be gone through over the next several weeks. Attorney Schleck stated that many of the grant agreements are standard form and he does not see them as being a hurdle. The purchase agreement with TPL is being cleaned up. In terms of documentation, staff should be able to get that done soon. Councilmember Vitelli moved to direct staff to move ahead with the acquisition process. Councilmember Duggan seconded the motion. Councilmember Krebsbach stated that her approval would be contingent on all of the documentation being as stated, including the TPL. Councilmember Vitelli stated his motion would include that staff should be sure that the documents that are drafted should be clear that the city's contribution is contingent upon what was presented as the other agency contributions. Attorney Schleck responded that is already addressed in the draft purchase agreement — the city is not in unless everyone is in. Councilmember Duggan stated that next year will be the city's fiftieth anniversary and he is excited that the city has moved towards combining the preservation of Pilot Knob and the fiftieth anniversary. He then read a poem that he written recognizing the anniversary and the importance of Pilot Knob. Councilmember Krebsbach asked that the motion should include a condition that this does not preclude development of Acacia. The grants are silent as to what happens to the Acacia parcel. Page No. 17 October 18, 2005 Councilmember Schneeman stated that she feels privileged to be a part of this conversation and is very pleased with all of the people who have put so much time and energy into the process. It is a unique and terribly important acquisition, not just to Mendota Heights, but to the entire United States because the site has such immense historical and cultural significance and she happily supports the acquisition. Mayor Huber stated that the reality is that people centuries before this council figured out the importance of where Mendota Heights sits. This is an opportunity to preserve the site for centuries to come. There has been a lot of preservation around the confluence of the two rivers, such as Fort Snelling and St. Peter's Church, and there is a piece that was not addressed and he is happy to vote for the acquisition and preservation of Pilot Knob. Councilmember Vitelli stated that a year or two ago he remembers stating that the best solution would be one where everyone wins. At the time he thought a good solution would be to have the Historical Society buy the land from the developer. That is very close to what happened. In business or government one knows there is a good solution when everyone seems happy in the end. The American Indians, the Sierra Club, and the people who are interested in preserving the site are happy, and he believes the developer of the site is happy. The city has to pay $400,000 but he believes that is a good investment. It seems like a very wise decision. Ayes: 5 Nays: 0 RECESS Mayor Huber called a recess at 9:48. The meeting was reconvened at 10:00 p.m. CASE NO. 05 -51, DOYLE Council acknowledged a memo from Assistant Hollister relative to an application from Mike and Kathy Doyle, CNS Construction, Inc. for variances from the parking requirement at theold Fischer Gas Station at 2156 Dodd Road. Council also acknowledged a report from the city planner. Assistant Hollister stated that the Doyles acquired this property a while ago and opened a cabinet shop and a show room for kitchen cabinets. They now want to add a coffee shop and have met with both Council and the Planning Commission about that possibility. A coffee shop is a permitted use within the zoning district and there are no zoning issues except for parking The Doyles had initially approached Council with the idea of putting parking spaces up Page No. 18 October 18, 2005 against Dodd Road. Council referred them to the Planning Commission to apply for variances from the parking requirements. The Doyles did apply for a variance and the Planning Commission continued discussion from September 27 to October 25, requesting the Doyles to submit additional information. The variance application to place parking spaces within the 30 foot setback is still in process and will come before the commission this month. Because winter is coming and in the interest of time, the Doyles met with staff to see if it would be possible for them to put together a plan that would meet the parking and zoning requirements. They prepared a plan and are present this evening to review that plan and ask Council to allow to build the parking spaces, which conform to all ordinance requirements. The city plam-ler, police chief and city engineer have reviewed the plan and approve of it. The one issue the planner noted is that the Doyles propose a free standing sign that would be 10 feet from the Dodd Road right-of-way. The planner recommends that Council require that it be.30 feet from the right-of- way in accordance with the city ordinance. MnDOT will need to approve any change to the access configuration on Dodd Road. Co-uncilmember Duggan stated that Council approved a setback variance to St. Paul's Church for its sign because they were concerned about visibility and also approved a setback variance for a sign for the animal hospital. He asked if Mr. Doyle is comfortable with having the sign 30 feet from the right-of-way. He stated that it would be barely visible, especially going from south to north on Dodd. Assistant Hollister stated that he met with Mr. Doyle on site today and Mr. Doyle is willing to move the sign back, but if Council is sympathetic to placing it only ten feet back the Doyles would need to apply for that variance. Council could approve everything but the sign this evening and that could come back in November. Councilmember Schneeman agreed that it does not make much sense to put the sign so far back, but she likes the old Fischer sign and would somehow like to have it retained. Councilmember Krebsbach stated that the building is very close to Dodd and she does not think a sign will make much difference. Councilmember Schneeman responded that people could not tell from the front of the building that there is a caf6 because there is a cabinet shop and another business there to. Ayes: 5 Nays: 0 Page No. 19 October 18, 2005 Mr. Doyle stated that the company next door has some big lilac bushes along their lot and a sign 30 feet from the right-of-way would not be seen from the south. He likes the existing sign but it advertises a business that no longer exists. He does not intend to incorporate his sign into that sign. Councilmember Vitelli moved to approve the parking plan as presented, without any variances, and to authorize the issuance of a building permit for parking and lighting for a caB6 at 2156 Dodd Road. Councilmember Schneeman seconded the motion. Councilmember Vitelli informed Mr. Doyle that he will have to apply for a variance if he wishes to place the sign closer than 30 feet from the right-of-way. COUNCIL COMMENTS Councilmember Vitelli suggested that the Council members give Administrator Danielson their comments on the proposed police matrix by the end of the week. Councilmember Schneeman asked that Council address rental properties at the infill workshop. Mayor Huber informed the audience that the Fire Department annual dance will be held on October 28 and that the Caribou Coffee will open in Town Center on November 21. Councilmember Duggan suggested that Council look at an ordinance that would give the city more control over occupancy, weekend partying, parking and litter at residential rental properties. He also suggested that Council ask M13DOT look at installing a stop light at Market and Dodd Road. Engineer McDermott stated that she can check with MnDOT but she believes their response will be that the intersection is too close to Dodd and T.H. 110. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to 6:30 Page No. 20 October 18, 2005 p.m. on November I for a closed session on pending litigation. Co-uncilmember Duggan seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:30 p.m. KAleen M. Swanson City Clerk ATTEST: John J. I May ��