Loading...
2005-09-06 City Council MinutesPage No. 1 September 6, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY v STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 6, 2005 Pursuant to due call and notice thereof, the special 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 AGENDA ADOPTION Ayes: 5 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Administrator Danielson stated that Council was provided with historical information relative to the St. Paul's United Methodist Church subdivision application this evening and has not had a chance to study the information in detail yet. Mayor Huber stated that the information was recently obtained and Council cannot act on something it has not had adequate time to review. He further stated that the city attorney would like to have a chance to review it as well. He recommended that the matter be removed from the agenda for consideration at the next meeting. Councilmember Krebsbach moved to approve the agenda with the deletion of the St. Paul's United Methodist Church subdivision application. Councilmember Vitelli seconded the motion. APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on August 16, 2005. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent for the meeting, revised to move item 6i, INET, 6j, IMT Disaster Activation, and 6k, pavement management software system, to the Page No. 2 September 6, 2005 regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the unapproved minutes of the August 23 Planning Conu-nission meeting. b. Acknowledgement of the NDC4 meeting agenda. c. Acknowledgement of the Fire Department monthly report for July. d. Acknowledgement of the Building Activity Report for August. e. Approval of the issuance of a building permit for an exterior disabled access ramp and door at Sign Art, 2170 Dodd Road. f. Approval of the probationary appointment of Sam Kuchinka as Engineer I. g. Adoption of Resolution No. 05-66, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 9903, LEXINGTON AVENUE TRAIL." h. Adoption of Resolution No. 05-67, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECIEPT OF GIFTS TO THE CITY OF MENDOTA HEIGHTS," acknowledging the gift of an AED from Tim Curley and members of the Curley family in memory of Mrs. Mary Adele Curley and a donation of $ 1,000 to the police department from Randy and Becky Pentel for a rifle and supplies. i. Approval of the list of contractor licenses. j. Approval of the list of claims dated September 6, 2005 and totaling $238,049.27. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 INET Council acknowledged a memo from Chief Aschenbrener recommending authorization for execution of an INET service agreement between the city and Comcast. Councilmember Duggan stated that the agreement states that if the INET user fails to make payment for the INET when due Comcast can terminate the agreement within ten days of giving notice. He asked that the agreement be amended to allow 30 days. Ten days does not give the city much time to find alternative service. Councilmember Duggan moved approval of the Institutional Network Service Agreement and authorization for its execution by city officials. Page No. 3 September 6, 2005 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 INCIDENT MANAGEMENT Council acknowledged a memo from Chief Aschenbrener regarding activation of the Dakota County Incident Management Team. Chief Aschenbrener informed Council that early last year Dakota County started working on starting its own IMT. It was originally set up to be a county resource. He and Sgt. Anderson represent the city on the IMT. Dakota County began looking for assistance on Thursday for people to work on the disaster in the south. The team met to determine whether they could or should respond. Sergeant Anderson hosted a meeting over the weekend trying to deal with the unknowns. As it turned out, a call that came in to the IMT type 4 team to handle all of the fire fighters in New Orleans. That was cancelled because they found a type 2 team. Dakota County is sending about 20 police to the region, and the IMT will be on call. Mayor Huber stated that Chief Aschenbrener believes the city may need to send someone in the future and he is sure that the chief is j working on back up coverage and that Chief Maczko is doing the - same. Governor Pawlenty has issued a plea to the cities to see what they can do. About 3,000 evacuees are being brought to Camp Ripley, and they are looking for some long term housing. If people are aware of a way they can help out in term of housing, schooling and employment, he asked that they please help. Councilmember Duggan suggested that Council seriously consider a contribution of $5,000 to one of the relief agencies so long as 95% of the money goes to relief and no more than 5% goes to administration. Mayor Huber responded that there are some prohibition issues that staff will have to research. Councilmember Schneeman stated that the relief agencies are asking for warm clothing. Mayor Huber stated that Chief Aschenbrener found out within the last few hours that a Lino Lakes police officer was killed in an accident on I -35W this evening. That is a reminder of the dangerous work the city's officers face every day. Page No. 4 September 6, 2005 PAVEMENT MANAGEMENT Council acknowledged a memo from Engineer McDerinott SYSTEM requesting approval to purchase a pavement management system. Mayor Huber stated that he is fine with spending $5,800 for the pavement management system but less clear about paying an additional $ 1,000 for sign management. Engineer McDermott responded that an advantage of the sign element would be that it would be linked to the city's GIS system and would be readily accessed. It is not needed for GASB34 and could be added at a later time if it is needed. Councilmember Duggan moved to authorize the City Administrator to enter into a.service agreement with iWorQ Systems for $5,800 for its pavement management system. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 BOND SALE Council acknowledged a memo and proposed resolution from Finance Officer Schabacker regarding the sale of improvement bonds to fund the 2005 street improvement projects. Mr. Sid Inman, from Ehlers & Associates, stated that the proposed resolution will allow Ehlers & Associates to prepare documents for the sale of $790,000 general obligation improvement bonds authorized under MS Chapter 429. If the resolution is adopted, the sale will be held on October 14. The bonds will run for fifteen years and will be paid by special assessments and levy. Councilmember Schneeman moved adoption of Resolution No. 05- 68, "RESOLUTION PROVIDING FOR THE SALE OF $790,000 G.O. IMPROVEMENT BONDS, SERIES 2005A." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CNS CONSTRUCTION/ Council acknowledged a memo from Assistant Hollister relative to CAFE a request for building permit authorization for parking for a caf6 at 2156 Dodd Road (former Fischer gas station). Assistant Hollister informed Council that Mr. and Mrs. Mike Doyle, owners of CNS, have relocated their cabinet business at the old Fischer site. As part of their enterprise, they are interested in having a caf6 or coffee shop at that location. A caf6 is a permitted use in the Page No. 5 September 6, 2005 B -2 zone, but in order to accommodate the cafe, they need to add parking spaces. They have submitted a proposal for a total of 13 spaces. That plan has been reviewed by the city planner and he brought up the issue of the parking being within the 20 foot setback for parking. Mr. Doyle is present tonight in the hope that Council will consider this grandfathered because parking has occurred there for decades. The question is whether Council considers this an existing non - conforming use and if they would consider it grandfathered. If Council is willing to consider it grandfathered, there are no problems other than the parking setback. If Council does not agree that this a grandfathered use, the Doyles will need to apply for a variance. Councilmember Krebsbach asked if the Doyles want to use the parking in the back. Councilmember Duggan stated that parking in the back would be appropriate for staff as opposed to visitors. The parking spaces one through 6 in the front are about 10 feet each and he drove in there several times at the height of the day and had no discomfort backing onto Dodd when he left. There is also more than enough room in front of the old Fischer station for parking as shown on the plan as spaces 1 -7. There is also lots of space in the back for staff/employee parking. Councilmember Schneeman stated that if this is as successful as she thinks it will be, Council will have to address the parking. She drove in and backed out of there today and Dodd was busy at 5:00 p.m. Councilmember Krebsbach stated that one parking space is required for every three places to sit in the caf6, which is 13 spaces. She asked if that is enough for this size facility. Assistant Hollister responded that the requirement is one space for each employee plus one for each three seats in the caf6. There must also be at least three spaces plus one space for each 500 feet of office space in a small office building, which results in a total requirement of thirteen spaces for the plan. Councilmember Duggan stated that does not include the parking behind the building for staff, which opens the parking space in the front. Attorney Schleck stated that in order for a use to be non- confonming, it must be open, obvious and continuous. The only evidence the city Page No. 6 September 6, 2005 has about the parking in the past is the testimony of the applicants. He asked if there is any other evidence. Councilmember Duggan responded that it has been there for years and has been used for servicing cars. Mayor Huber stated there are two issues, the issue of the parking and the issue of whether the parking that is being anticipated is consistent with the current use. One may be inclined to consider that a variance should be required if people feel the requested use is greater in intensity than the existing use. Mr. Doyle stated that he knows he has a lot of options. He knows the space is a little unique and he is trying to propose something that will work. Over the years, the buildings have been used regularly as a grocery store or gas station, and he does not feel this is a new use. There is quite a bit of parking in the back. The spaces closest to the street are the ones that have been used the most over the years. When the ten spaces in the back are included, there are quite a few parking spots. Most of the parking tends to be in the back, but for easy access for the customers, it is better by the street. Responding to a question from Mayor Huber about the current uses, Mr. Doyle stated that one of the buildings is used for his offices and millwork is done in the old filling station. He generally considers them retail buildings. Councilmember Krebsbach commended the Doyles for doing this, as it would be a great place for a restaurant. She recommended that perhaps there be three parallel spots in the front. More people will bQ backing onto Dodd than from the previous uses. Mr. Doyle asked whether curb parking would be similar. Councilmember Krebsbach stated that she feels the six places in the front are the ones that will be used and that the Doyles should plan it will be successful and will be busy in the morning and some people will be backing out as others are coming in. She suggested three parallel spots in the front and the seven on the side. Mr. Doyle asked whether Councilmember Krebsbach would consider angled parking instead. Councilmember Krebsbach stated that angled would be all right just so that people do not have to back onto the highway. She suggested Page No. 7 September 6, 2005 perhaps three angled parking with handicapped spots on each end. The condition would be that there be enough room to back onto the Doyle property rather than the street. Mr. Doyle stated that there is about 25 feet to where the curb would be and traffic would be another ten feet away. Twenty five feet would be good for angled parking for coming in and backing out. People would not have to back straight out onto Dodd. Engineer McDermott stated that she went to the site and there is adequate pavement to back out without backing onto Dodd. She stated that if the parking is angled, people would only be able to park there who are driving from the south to the north. Councilmember Vitelli felt that the plan is not safe. The depth of the parking is about 18 feet. The end of the parking lanes appears to be about 33 feet from the center line. A bumper would almost be on the pavement. He felt it is not safe. He also asked if MADOT approval will be required. He also thought Chief Aschenbrener should be asked for his opinion. Mr. Doyle agreed about backing straight out and stated that he thinks angled parking would take care of that. The only thing wrong with that is that it would send people north. From a safety standpoint, the shops have been there for many years and he does not know that there has been an issue. Councilmember Vitelli responded that this is an intensified use. He stated that he would guess that the prior gas station did not see the type of traffic the caB6 would have. He recommended that the matter be sent to the Planning Commission for review. Mr. Doyle stated that his general feeling is that if the parking is taken out of the front he still has enough parking for the caf6. Councilmember Duggan stated that there could be angled parking along the side and at the back and still have lots of employee parking. Councilmember Vitelli moved to send the request to the Planning Commission, that Council deem this in intensified use and ask the police department for an opinion on safety, and to direct staff to determine whether referral to MnDOT is necessary. Page No. 8 September 6, 2005 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -33, MOHAGEN Council acknowledged a memo from Assistant Hollister relative to a request from Todd Mohagen, on behalf of Moen -Leuer Construction, for approval of their final development plan, final plat and developers agreement for an office development on the northeast quadrant of I -494 and I -35E. Mr. John Nissan was present on behalf of Moen - Leuer. Assistant Hollister stated that Moen -Leuer has already received preliminary development plan approval and have submitted the appropriate drawings for final PUD development plan and final plat approval. Staff has been reviewing the developers agreement, but he does not know its status. Attorney Schleck stated that the final documentation on the agreement needs to be wrapped up and it will be ready to sign. Councilmember Duggan stated that the resolution includes the addition of brick and/or stone on all four building walls. He asked whether it will be determined in advance whether it will be brick, stone or both. Councilmember Schneeman asked if grading and drainage issues have been resolved. Engineer McDennott stated that the plans have been reviewed and all of the corrections have been made. Mr. Nissan stated that the amount of brick on the building has been increased considerably and the stone will be used for sills and enhancements. The major part of the masonry will be brick. Councilmember Duggan moved adoption of Resolution No. 05 -69, "A RESOLUTION APPROVING A PUD FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR AN OFFICE DEVELOPMENT AT NORTHEAST QUADRANT OF 494 AND 35E." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Page No. 9 September 6, 2005 CASE No. 05 -35, MANLEY Council acknowledged an application from Mr. Kevin Manley for a Critical Area Permit for the construction of a new home for Mr. and Mrs. Brian Krisko at 1205 Culligan Lane. Assistant Hollister stated that Mr. Manley is the contractor for Mr. & Mrs. Krisko. Two planning approvals, critical area permit and a two foot height variance, were required for the original house plan, however the applicants have submitted new plans that would eliminate the need for the height variance. The Planning Commission recommended approval of the critical area permit but denial of the variance. Staff has not had a chance to review the new plan as yet. Mayor Huber stated that any approvals tonight would be conditioned that the new plans and specifications do not require a variance. Assistant Hollister responded that the resolution that was submitted approves the critical area permit and denies the variance. The ordinance defines building heights as the average front grade to the mid point of the roof. It appears that the new building height is 23 feet 10 and 7/8 inches, which is under the ordinance requirement. Mayor Huber stated that staff will be reviewing the plans to be sure that what is being proposed does not need a height variance or any other variances. Councilmember Schneeman stated that she looked at the heights of several houses today and was not going to vote to approve the variance. She also called the neighbors to ask if they had any problem with a 24 foot height and they did not. She feels this is a good plan and good for the neighborhood not that it has been redesigned. Councilmember Vitelli stated that he would just drop the variance reference from the resolution and that he completely supports the request. Assistant Hollister responded that either the variance must be denied or the applicants will have to submit a written withdrawal of the request for variance. Councilmember Vitelli moved adoption of Resolution No. 05 -70, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND DENYING A HEIGHT VARIANCE FOR A NEW HOME AT 1205 CULLIGAN LANE." Ayes: 5 Nays: 0 Page No. 10 September 6, 2005 Councilmember Schneeman seconded the motion. Mrs. Krisko stated that she and her husband did not realize the original plan had a 10/12 roof pitch and they were able to go down to 8/12 and reduced the ten foot ceilings on the first floor down to nine feet. That is why the building height was reduced by two feet. CASE No. 05 -36, PETRANGELO Council acknowledged an application from Mr. Gary Petrangelo for a conditional use permit for an accessory structure at 1040 Douglas Road. Council also acknowledged associated staff reports. Assistant Hollister stated that Mr. Petrangelo has applied for a conditional use permit for an accessory structure that is already half built. The Planning Commission recommended approval as proposed. There was some discussion about the color of the shed and whether it should match the house or the existing play structure in the yard. Mr. Petrangelo asked that the condition be that it match the play house because he may paint the house in the future. Councilmember Vitelli moved adoption of Resolution No. 05 -71, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE AT 1040 DOUGLAS ROAD," with the deletion of the requirement on the color of the structure. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE No. 057, HARMS Council acknowledged an application from Mr. Michael Harms for a variance for a driveway gate at 662 Sibley Memorial Highway. Council also acknowledged associated staff reports. Assistant Hollister stated that the applicant's home is at the corner of Sylvandale and Highway 13. He would like to build a gate over his driveway that he can close and lock. When he met with staff and the planner, the planner considered the gate to be a fence, and since it is proposed to be within the 30 foot front yard setback, the planner feels a variance is required. W. Hanns met with the Planning Commission and they recommended approval. Since that meeting, Police Chief Aschenbrener has raised the issue of the locking gates. There is only one similar gate now, off of Highway 13. Stonebridge in Lilydale is a gated community, and that gate is provided with an automatic mechanism so that it automatically unlocks and swings open for police and fire equipment. Chief Aschenbrener expressed Page No. 11 September 6, 2005 concern that a similar arrangement be made for this gate and recommended that condition in the resolution. He is concerned that the safety equipment be allowed to enter the property. The other gate on Highway 13 will need a critical are permit, which will be considered at the next Planning Commission meeting. Councilmember Schneeman stated that there is another gate at Sylvandale and Highway 13. Assistant Hollister stated that the police chief is concerned that the city insist that gates have automatic opening systems. Councilmember Krebsbach stated that she can see the need for gates on Highway 13. Mr. Harms showed photos of his property, where the gate would be located, and what he is trying to do. There is stone on either side of the proposed gate about four feet high, and he will extend that to the gate. Councilmember Vitelli supported the request, but he also supports what the Planning Commission said. He asked Mr. Harms if he has a problem with the recommended conditions. Mr. Harms responded that his intent was not to keep it closed all the time but just when his children are playing outside. He was not intending to put an automatic opener on it at this time, If it was closed and public safety had to come, someone could come out and lift the latch. Councilmember Duggan stated that people do not adhere to the 40 mile per hour speed on Highway 13 and it is a steep driveway. He is comfortable with approving the gate so long as it has an easy latch lock system. Regarding snow storage, Mr. Hanns stated that the gate will swing out but it is only two six foot gate sections. There would still be 24 feet for snow. Chief Aschenbrener stated that gates provide safety and that is wonderful, but his primary concern is that if the homeowner has control and its an emergency situation and public safety was locked out, it would be a serious issue. He would like a condition that there be no way to ever lock the gate to prevent access to the property so that public safety could not be locked out. Page No. 12 September 6, 2005 Councilmember Resolution No. 05 -72, "A RESOLUTION APPROVING A THREE -FOOT HEIGHT VARIANCE FOR A DRIVEWAY GATE AT 662 SIBLEY MEMORIAL HIGHWAY," with the condition that the locking mechanism just be a latch that can be easily opened by emergency personnel. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE No. 05, SCHERZER Council acknowledged an application from Ms. Margie Scherzer for a width variance for driveway replacement 1054 Overlook Road. Council also acknowledged associated staff reports. Assistant Hollister stated that staff has been seeing a lot of driveway reconstruction, and frequently people request to reconstruct a driveway that does not conform to the ordinance. Driveways cannot be wider than 25 feet at the property line and closer than five feet from the property line. The applicant's driveway is currently 34 feet wide to the property line. It is in disrepair and she would like to fix it. The city planner was of the opinion that what she plans to do is replace rather than repair the driveway. That would be replacing a non - conforming use with a non - conforming use and that would require a variance. The Planning Commission felt that she is just doing repair. The commission recommends that Council make a finding that no variance is needed. He stated that even today staff discovered another person in a similar position. There has been some talk about putting this issue on a workshop. If Council could make a finding that replacing a non - conforming drive so long as it is not more non - conforming, it would make life lots easier for people. He suggested that Council could declare that staff does not need to refer these issues for variance. Mayor Huber stated that there are two applications this evening and two different recommendations. One says to do nothing and the other says to grant a variance. That is inconsistent if they are both just rebuilding their driveways. Assistant Hollister is suggesting that Council could make a declaration about variances not being needed. Assistant Hollister responded that the planner's logic is that if they are removing more than 50% of the driveway, it is no loner grandfathered. Page No. 13 September 6, 2005 Mayor Huber stated that Council could be consistent in these two cases by granting a 9 foot variance to this and a three foot variance to the other. Responding to a question from Councilmember Vitelli, Assistant Hollister stated that the existing driveway is 34 feet wide and the maximum allowed in the ordinance is 25 feet. Ms. Scherzer stated that they built their home 32 years ago. She went to all of her neighbors and they all said they see no problem with her replacing the driveway. Her husband is handicapped and they live on a slope and the house is on the north side of the street, so the driveway gets terribly icy. She would really like to fix the driveway, as she is afraid her husband will fall. Councilmember Duggan moved to approve a 9 foot variance and direct staff to prepare the appropriate resolution for adoption on September 20. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -39, HERMAN Council acknowledged an application from Francis Herman for a variance for driveway replacement at 1848 Twin Circle Drive. Council also acknowledged associated staff reports. Councilmember Duggan moved adoption of Resolution No. 05 -73, "A RESOLUTION APPROVING A 2.5 FOOT SIDE YARD SETBACK VARIANCE FOR A DRIVEWAY REPLACEMENT AT 1848 TWIN CIRCLE DRIVE." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE N0. 05 -40, Council acknowledged an application from Resurrection Cemetery RESURRECTION CEMETERY for a wetlands permit for grading/filling at 2101 Lexington Avenue. Council also acknowledged associated staff reports. Mr. Dave Kemp was present on behalf of Resurrection. Engineer McDermott informed Council that early in July staff received a complaint about erosion on Lake Augusta and discovered Resurrection was placing fill on the Lakeshore and needed a wetlands permit. She met with Resurrection staff, and they have applied for the permit and have been working to correct the erosion problem on the site. They have placed a silt fence along the bottom of the slope Ayes: 5 Nays: 0 Page No. 14 September 6, 2005 and have been replacing that as needed. They have also put a blanket on the slope to prevent additional erosion. Councilmember Schneeman stated that she has no problem with this. Resurrection is doing remedial work that needs to be done. Councilmember Schneeman moved adoption of Resolution No. 05- 74, "A RESOLUTION APPROVING A WETLANDS PERMIT TO ALLOW GRADING/FILLING WITHIN 100 FEET OF THE WETLAND SETBACK AREA AT 2101 LEXINGTON AVENUE." Councilmember Vitelli seconded the motion. Councilmember Duggan asked if there is any reason monument weight may be contributing factor to pressing the earth. Mr. Kemp responded that one of the goals is to place fill behind the monuments to prevent any erosion from the monuments. They have also put in drain tile and a swale to control the water and channel it to the drain tile. CASE No. 05- 41, STURMER Council acknowledged an application from Dr. Matthew Stunner, Parkview Cat Clinic, PA, for a Zoning Ordinance Amendment and Conditional Use Permit for a Cat Clinic in the B -1 Zone at Lexington Avenue & Mendota Heights Road (Northeast Comer). Council also acknowledged associated staff reports. Assistant Hollister gave a brief history of the application and stated that the city planner has prepared an amendment to the B-1 zoning district to allow cat clinics. The Planning Commission recommended approval of the ordinance amendment and conditional use permit but made some changes to the language proposed by the city planner. Councilmember Duggan stated that the ordinance lists odors and also organisms. A ventilation system could spread organisms. A filtration would be required to remove organisms. He suggested that there should be a separate section for organisms. Dr. Stunner stated that he has reviewed the language changes recommended by the commission and he thinks it is adequate and workable. He stated that filtration would have to be built into any ventilation system. His system will be a closed system and it will be vented for safety. He expects that the ventilation system will include filtration. Page No. 15 September 6, 2005 Councilmember Duggan asked about the condition on storage of dead animals off the premises. He asked whether that needs to be deleted or defined. Dr. Sturmer stated that he must meet state standards, but there are no standards in this regard, but there are professional standards that everyone meets. They bodies are stored in the freezer and they are picked up every two days and taken to a facility in South St. Paul. Councilmember Schneeman moved adoption of Ordinance No. "AN ORDINANCE AMENDING SECTION 12-117-113 OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR CAT CLINICS IN A B -1 ZONING DISTRICT BY CONDITIONAL USE PERMIT and Resolution No. 05-75, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CAT CLINIC IN THE B-1 ZONE AT LEXINGTON AVENUE AND MENDOTA HEIGHTS ROAD." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PILOT KNOB SITE Council acknowledged a memo from Administrator Danielson CONSULTANT relative to selection of a consultant to prepare a natural resource management plan for the Pilot Knob site. Administrator Danielson stated that the city is in the process of considering purchasing the Pilot Knob site and as part of the process, there was concern about what the on-going expenses and site preparation expenses might be. Council authorized him to go out for RFPs to prepare that plan. He received three proposals and reviewed them with Mr. Al Singer, from Dakota County, and Great River Greening was the low bidder. In addition to the $8,666 bid, staff is recommending that Great River Greening prepare a color illustration. Mayor Huber stated that Council needs to understand what the site might look like and what the costs might be and needs someone to design this and give Council and idea of what a design might look like. Councilmember Vitelli moved to approve Great River Greening as the consultants to prepare a Natural Resource Management Plan for the Pilot Knob Site at a not to exceed cost of $9,216, including preparation of an illustration, to be funded by the 2005 general fund contingency line item. Page No. 16 September 6, 2005 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 KINGSLEY SEWER PROJECT Council acknowledged a memo from Engineer McDermott regarding a sanitary sewer protection project in the Kingsley Estates neighborhood. Engineer McDermott informed Council that on August I there was a 2+ inch rainfall and city inspector Tom Knuth noticed a plugged culvert on Highway 13. On investigation, he found an area that has severely eroded just to the northwest of the Kingsley Estates townhouses. It has eroded about six feet off the top of the sanitary sewer. She estimates that the sewer is only about three feet deep rather than nine feet and further erosion will compromise the pipe and create additional problems. Some of the runoff comes from the Lilydale Lexington Court townhouses. Lilydale and the Lower Mississippi WMO have indicated that they have funds available to do repairs. The total project cost estimate is $35,000. The WMO will provide up to $8,500 and the remainder would be split between Lilydale and Mendota Heights. The city's share can be funded by the sewer utility. Councilmember Krebsbach moved to authorize the engineering department to prepare plans and specifications and obtain quotes for the sanitary sewer protection measures adjacent to the Kingsley Estates townhomes, and to fund the city portion of the cost from the sewer utility. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 NURT Council acknowledged a memo from Engineer McDermott regarding the North Urban Regional Trail. Ms. Lynn Moratzka was present on behalf of the county. Engineer McDermott stated that on August 2 Council adopted a resolution supporting the design of the NURT and one of the conditions was that the frontage road be reconstructed east of Oak Street by pulling it fourteen feet to the south to pull it away from one of the homes that is close to the street. Staff met with the county and the issue of funding for the reconstruction was raised. One of the thoughts was to pay for it out of the city's MSA funds. The estimate is about $50,000, including the design of the road. She recommended that Council to approve the expenditure of MSA funds Page No. 17 September 6, 2005 for the redesign and reconstruction of the roadway. Ms. Lynn Moratzka informed staff that Dakota County does not allow expenditures of county funds for city streets. Ms. Moratzka feels that if the city does not pay for this, the county will probably cancel the project and lose the federal funding and will not be able to build the trail. Councilmember Vitelli asked why federal funds or highway funds cannot be used and why the county is not willing to pay for at least a portion of the cost. If there were a tree in the way of the trail, Dakota County would pay for removing it. He would like to understand the legalities of why federal funds cannot be used or why the county is not willing to pay for it. He is not willing to have the city pay the cost. Ms. Moratzka responded that the county grant is enhancement money which is federal funding and there are specific guidelines for use of enhancement funds. It is her understanding that the funds cannot be used for a road. Councilmember Vitelli stated that the county would be moving an obstacle. He asked if Ms. Moratzka has reviewed this with the i county attorneys and if that is their interpretation on the use of federal funds. Ms. Moratzka responded that it is the understanding she has with the guidance she received from the funding agency. She can go back and revisit the issue again, but it is her understanding the funds are not available for that purpose. Councilmember Vitelli stated that there is a street, so a street is not being provided by the county. The street is an obstacle to achieve this end and moving it would be like removing a tree or any other impediment. The county is not giving the city a street. It is a brand new street and the county is asking the city to pay for it again to move it. Ms. Moratzka responded that the issue is that there is adequate right - of -way within where the trail could be located. The County did not want to move the trail to the north side of the street. MnDOT denied the county a permit to put it on the south side of the frontage road. There is enough right -of -way to put the trail on the north side, but the problem the county is facing is that a home is very close to the right -of -way and would be significantly impacted. It was the concern of the city not to put the property owner in the position of Page No. 18 September 6, 2005 having the trail that close. There is a county policy in its transportation plan that does not allow the county to use county transportation funds on city streets. If the city does not wish to take responsibility for moving the road, she will ask the county board whether they prefer that they not move forward with the project because the city does not want to pay for moving the road or that the city does not want to locate the trail in the existing right -of -way. The board would make the decision turn the funds back or move forward without city approval to build the trail within the exiting right -of -way. Councilmember Vitelli stated that he would support paying half of the cost out of MSA funds. If the county is not willing to pay half, there must not be a very high level of interest. He would not support running the trail and cutting down the evergreen trees along the Boland property. Councilmember Krebsbach stated that no one has tested what the level of county board support would be for moving the road. Ms. Moratzka stated that she has not gone back to the board on this issue because the county staff had a different understanding when this issue was raised. It was their understanding that the county wanted the road moved and would be paying for it. Councilmember Krebsbach stated that she would like to take this to the county board to see if they would move the road. The city just did an improvement and it is an issue for the residents that they paid an assessment for the street and curb and that is going to be taken out and the city would again be paying for the construction. Mayor Huber asked what the deadline is. Ms. Moratzka responded that September 30 was the sunset date for the enhancement funds if an extension had not been granted, but extension was granted to March 30. The project must be let within a 90 day timeframe after March 30. She can take the matter to the September 26 Physical Development Committee meeting and they would make a recommendation to the full board, which meets on October 6. Councilmember Krebsbach stated that she would like to approach the board to fund the road relocation so that the city is not using Mendota Heights resources to fund it. Page No. 19 September 6, 2005 Ms. Moratzka stated that Council can attend the Physical Development Committee meeting. It will be held at 9:00 a.m. at the Northern Service Center. Councilmember Vitelli stated that he understands that this is not Ms. Moratzka's problem. The city and county are dealing with this because of a decision of MnDOT, but he thinks she should bring the message to the board that the city just put the street in and there is no benefit to the city to move the street except that Council feels very strongly that the city should not be further encroached on these private properties and start cutting down evergreens. Council feels that is the right thing to do for the city and the county. The county and city were both thrown into this. Both want the trail done. His request is to share the cost $25,000 each. He would not feel so badly about that and he thinks the county wants the trail done. Councilmember Krebsbach responded that there needs to be a unified position by Council. She would first like to approach the board to see if the county will pay for all of the cost. Councilmember Schneeman stated that she would like to be appraised again of this on the 26th. She would like to attend the physical development committee meeting and would like as many Council members to attend as possible. Councilmember Duggan stated that the county must remember that everyone believed the trail was going to be on the south side and then it was forced to go on the north side. The continuing discussion was that the county would work with the people on the north side of the road and the county's willingness to move the road at half the cost would be reasonable. Should Ms. Moratzka sense intransigence on the board about paying for the project, she might the say she believes the city might consider paying 50% towards it and see if the county board would consider that. Half seems to be reasonable to him given the crunch times. He asked Ms. Moratzka to inform the city when the meetings will take place so that members can attend if they can. Ms. Moratzka responded that she will send a copy of the board paper to Council to advise them of the meeting time. She will also do further research to be sure she has full understanding of the use of enhancement dollars and Metropolitan Council funding policies. Councilmember Vitelli and Councilmember Schneeman stated that they would be happy to call Commissioner Egan about the issue. Page No. 20 September 6, 2005 BUDGET /LEVY Council acknowledged a memo from Finance Officer Schabacker regarding the proposed levy for 2006. Finance Officer Schabacker stated that the levy must be certified to the county by September 15. Included in the levy is $110,000 for a snow plow, $125,000 for the 800 MHz radio escrow and $125,000 to offset the Market Value Homestead Credit that the city will lose in 1006. In November the county will send notices to the property owners to notify them of the proposed levy, and the Truth In Taxation hearing. The preliminary levy will be a 3.2% increase on the city tax rate from 2005. Once the preliminary levy is approved it cannot be increased but it can be reduced before the final budget is adopted in December. COUNCIL COMMENTS Councilmember Duggan stated that he attended the grand opening for the condominiums at the Village of Mendota Heights and was very impressed with them. It is a lovely addition and he is very pleased. He complimented Mr. Fefercorn on his dedication to detail. Councilmember Vitelli stated that he would also like to compliment Mr. Fefercorn as the developer and the site in general at Town Center. It is really beautiful. His parents live in the seniors comples, so he goes to Town Center often. The seniors are very happy with what is going on, with the fountains, the sod, the rock decoration and now the retail building. Councilmember Vitelli moved adoption of Resolution No. 05 -76, "RESOLUTION ADOPTING 2006 PROPOSED BUDGET." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 05- 77, "RESOLUTION APPROVING TENTATIVE 2005 LEVY COLLECTIBLE IN 2006." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman moved adoption of Resolution No. 05- 78, "RESOLUTION APPROVING FINAL 2005 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2006." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Duggan stated that he attended the grand opening for the condominiums at the Village of Mendota Heights and was very impressed with them. It is a lovely addition and he is very pleased. He complimented Mr. Fefercorn on his dedication to detail. Councilmember Vitelli stated that he would also like to compliment Mr. Fefercorn as the developer and the site in general at Town Center. It is really beautiful. His parents live in the seniors comples, so he goes to Town Center often. The seniors are very happy with what is going on, with the fountains, the sod, the rock decoration and now the retail building. Page No. 21 September 6, 2005 ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned to closed session for discussion on the police labor agreement. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:28 p.m. Kdthleen M. Swanson City Clerk ATTEST: John J. 05r^ Mayor