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2005-07-19 City Council minutesPage No. 1 July 19, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 19, 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, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councihnembers 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 1 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6c, squad car sale and purchase, and 6d, rescheduled meeting, 6f, Livable Communities application, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the July 12th Parks and Recreation Commission Meeting. b. Acknowledgement of the June 2005 Treasurer's Report. c. Adoption of Resolution No. 05 -52, "A RESOLUTION APPROVING A "JOINT POWERS AGREEMENT BETWEEN LOGIS AND THE CITY OF MENDOTA HEIGHTS AND APPOINTING BOARD MEMBERS." d. Approval of list of contractor licenses. e. Approval of List of Claims dated July 19, 2005 and totaling $876,230.09. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 2 July 19, 2005 SQUAD CARS Council acknowledged a memo from Police Chief Aschenbrener recommending the sale of used squad cars and seized vehicles and authorization to lease a chief's car. Ayes: 5 Nays: 0 LIVABLE COMMUNITIES Ayes: 5 Nays: 0 Chief Aschenbrener briefly reviewed his recommendation for Council. Councilmember Vitelli moved to authorize issuance of a purchase order to Superior Ford for the lease of a new Chief's car, to authorize the sale of two used squad cars to the highest bidder and the sale of seized vehicles and to authorize issuance of a purchase order to Emergency Automotive Technologies for $6,700 for equipment and a radio for the Chief's car. Councilmember Schneeman seconded the motion. Council acknowledged a memo from Assistant Hollister recommending adoption of a resolution authorizing an application for Livable Communities Demonstration Account funding. Councilmember Duggan suggested that the second Whereas paragraph be amended to reflect that the project is on going rather than proposed. Assistant Hollister responded that the resolution contains Metropolitan Council draft language and he does not think the recommended change would harm it in any way. Councilmember Duggan moved adoption of Resolution No. 05-53, "RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS," as amended. Councilmember Schneeman seconded the motion. PUBLIC COMMENTS Mr. Cliff Timm informed Council that he has been passing out a petition to allow authorized dogs with their owners to chase geese away where they are not wanted and that he will meet with the Parks and Recreation Commission next month to discuss the matter. POLICE OFFICER Council acknowledged a memo from Police Chief APPOINTMENT Aschenbrener recommending the appointment of Denise Urmann as a probationary Police Officer. Chief Aschenbrener introduced Ms. Urmann to Council and the audience. Page No. 3 July 19, 2005 Ms. Unnann read the Police Officer Code of Conduct, introduced herself and her family to Council and the audience, and reviewed her background in public safety. Mayor Huber administered the oath of office to Officer Urmann. PARKVIEW CAT CLINIC Council acknowledged a memo from Assistant Hollister relative to a request from Dr. Matt Sturmer to relocate the Parkview Cat Clinic from Lilydale to the town -office building owned by Tony Feffer on Lexington Avenue at Mendota Heights Road. Dr. Stammer was present for the discussion. Assistant Hollister informed Council that Dr. Stunner met with the city planner and staff to discuss the possibility of relocating. The property is zoned B -1, and a veterinary or cat clinic is not an allowed use in the district. Dr. Stunner was referred to Council for a preliminary discussion before making application for a zoning ordinance amendment. The city planner suggested that if Council is interested in pursuing an ordinance amendment, perhaps it should be as a conditional use rather than a PUD and that it be limited to cat clinics rather than veterinary clinics. Councilmember Krebsbach asked if there are building requirements that would not be met in the building for disposal, ventilation, etc. Assistant Hollister responded that that the planner suggested importing much of the language on veterinary services in the B -2 zone and applying it to cat clinics in B -1. Council is at liberty to apply additional conditions. Councilmember Schneeman stated that she is familiar with the cat clinic and has never heard of a problem with it. Councilmember Duggan asked Dr. Stunner if he sees a need for major remodeling at the building where he proposes to locate the clinic. Dr. Stunner responded that the clinic will need good air flow, but he does not see the need for major structural changes. Councilmember Krebsbach stated that there will be more than one tenant in the building and she is concerned about ventilation, since many people are allergic to cats. Page No. 4 July 19, 2005 Assistant Hollister responded that the only other veterinarian in Mendota Heights is the Mendota Heights Animal Hospital and that is self - contained in its own building. This would be a first in Mendota Heights for the introduction of a cat clinic in a multi tenant building. Council may wish to place additional conditions on the clinic because this is a multi tenant building. Councilmember Krebsbach stated that Council turned down a pet shop in the Mendota Plaza many years ago, probably because that structure did not support the use. Dr. Stunner responded that there is a beauty shop next to his existing clinic, which has its own ventilation system and there are no problems. -If there was a single ventilation system serving the building the beauty shop operator would be concerned. He will want his own ventilation system in the new building so he can regulate it. Councilmember Kresbach stated that if an ordinance amendment is approved, it should include the condition that there be a separate ventilation system. Councilmember Duggan stated there are many clinics in the metro ' ) area and many are in malls. He asked if there are any instances or reports of impact on neighboring businesses. He stated that he does not see Mr. Feffer entertaining the idea of the clinic at the risk of other tenants. Dr. Stunner responded that he has not heard of any negative impact and that Mr. Feffer has inspected his existing clinic so that he could get to know about the operation. Mayor Huber shared Councilmember Krebsbach's concern about ventilation and air flow conditions. Councilmember Duggan stated that he would support the use subject to indications from experts that they can control odors. Councilmember Vitelli stated that he supports the request in general and that the appropriate words from the B -2 requirements could be moved to the B -1 district language. Assistant Hollister informed Dr. Stunner that all of the comments made by Council this evening are non - binding. Page No. 5 July 19, 2005 NURT Council acknowledged a memo from Operations & Projects Coordinator Kullander regarding a request from Dakota County to relocate the North Urban Regional Trail (HURT) north of the frontage road adjacent to Highway 110. Council also acknowledged letters from MnDOT, and Mr. & Mrs. Matt Glewwe regarding the trail location, along with a history of Council discussions related to the trail. Ms. Mary Jackson, Physical and Mr. Mike DeBar, the project designer from LHB, Mr. Kevin Western, MnDOT Area Engineer, and Ms. Lynn Moratzka, Director of the Office of Planning for the county, were present for the discussion. Mr. Kullander stated that the NURT has been around since 1989. The current situation is that the alignment of locating the trail between the frontage road and T.H. 110 was rejected by MnDOT when the county submitted its final plan for approval. MnDOT indicated that if the plan was revised to put the trail on the north side they would probably approve it. This is a county project and at county cost, and there would be no assessments. It would be constructed entirely within the right -of -way. The Parks and Recreation Commission discussed the matter last week with the neighbors and that resulted in some modifications to the trail and landscaping. Ms. Jackson stated that she listened to the neighbors and the city's position on the trail and proceeded with the design on the south side. MnDOT's rejection led the county to look at the other options. There will not be any construction this year. She stated that 80% of the project is federally funded, and the funding is set to expire on September 30 unless the county files for an extension. That has been done, and she should hear by August 19 what the status of the extension is. She stated that the county knows that if it cannot build in the 110 corridor, the funds will have to be turned back. If the county does have to turn back the funding, there will not likely be another opportunity until 2020. The county considers trails to be important community amenities and feels this would be a safer alternative to the highway for pedestrian and bike traffic. Regarding why MnDOT rejected the plan, Mr. Western stated that if the trail was placed on the south side, a guardrail would be required between the highway and the frontage road. That would create a hazard for travelers on the highway and maintenance problems and safety concerns for the pedestrians on the other side of the guardrail. With the right -of -way MnDOT owns, there is sufficient right -of -way on the north side and the county feels it would be much better on the north side for pedestrians and bicyclists. Page No. 6 July 19, 2005 Councilmember Duggan stated that he has walked the trail between Charlton and Mendota Road and it is only about 14 feet between that and the highway. He is concerned that this was not raised forcefully to Council a year ago. Concrete barriers between a trail and a highway appear to be safe, and they would deflect some of the snow. There could be plantings on the residential side to shield the medians from view. Mr. Western responded that MnDOT tries to keep things out of the clear zone. There were some right-of-way issues between Charlton and Mendota Road and the county would have had to acquire some right-of-way to get the trail further away from the highway. If the state was looking at it now, they would look at other options. Permanent concrete barriers would keep a car from corning through and hitting a pedestrian but they are not nice to look at. Councilmember Duggan responded that there are Arborvitae along the trail in West St. Paul and you cannot see the barrier. Mr. Western responded that one of the things with barriers is that there is a greater risk for the traveling public if someone hits it. The barriers create difficulty for the drivers. Councilmember Duggan stated that he had asked Chief Aschenbrener to research accident statistics and there have not been any accidents along Highway 110 except at the intersections with Dodd Road and Delaware Avenue over five years. Mayor Huber stated that the trail on the south meets state aid standards yet the state is saying no. Mr. Western responded that when the state was looking at this, they thought there was a safety issue for the pedestrians and a hazard for the traveling public on T. H. 110. Mayor Huber asked what the standard is, in view of the fact that the state approved the trail alignment a half mile away. Mr. Western responded that perhaps a mistake was made at that tune. It would not be allowed now. Responding to a question from Councilmember Duggan, Ms. Jackson stated in 1995 the alternative alignments on Marie and Wentworth were explored and they had technical challenges and right-of-way challenges. The existing trail on Marie would need Page No. 7 July 19, 2005 extension, and to meet the regional trail standard, it would need to be wider, which would also require additional right -of -way. The county has discussed the state aid requirements with Mr. Western. Since federal funds are being used, the county is held to higher standards for the NURT trail in terms of construction and safety standards. Ms. Moratzka stated that she was involved in the project very early on. One of the issues regarding Marie Avenue is that when the county looked at it there were political issues and the City Council decided not to put the trail on Marie and to place it in the T.H. 110 corridor, along the south side. The county would have to start all over again to consider Marie. That would take until about 2012 based on the planning process and Metropolitan Council approval process and applying for federal funds. Mayor Huber stated that he was likely on the Council at the time Marie Avenue was discussed and he cannot imagine saying that it would be acceptable to tear up these front yards and not someone else's. When council talked about it, the trail was between the highway and the frontage road and not through the neighbors' yards. Councilmember Duggan stated that Ms Moratzka had stated at the October 5, 1995 Council meeting that an 8 foot trail width was the absolute minimum standard for a regional trail. He asked if that standard is going to be acceptable if the trail is on the north side of the frontage road. Ms. Moratzka responded that she has discussed that with MnDOT and that 8 foot is the absolute minimum. Councilmember Duggan stated that these property owners have been expecting that if there is a trail it would be on the south side. If it has to go on the north side, he sees 8 feet rather than the 14 feet as some type of amelioration for them. Ms. Moratzka responded that the trail could be eight feet but it would be four feet off the curb line. Ms. Western stated that MnDOT has agreed that 8 feet would be an acceptable width. Councilmember Duggan stated that the least impact on the neighbors is an 8 foot trail. A ten foot trail and four foot border would take a huge chunk of their yards. The 8 foot trail would save at least six feet of the neighbors' properties and they might agree to that. Page No. 8 July 19, 2005 Mr. DeBar stated that he has been the engineer working with Dakota i County on the trail for a number of years. He showed a drawing of the proposed alignment and stated that the county is proposing a four foot boulevard for the clear zone and then an eight foot trail. The four foot buffer allows some safety separation from the traffic and some green space. Mr. Western stated that if there is nothing in the boulevard, that buffer could be cut down to two feet. Councilmember Duggan suggested that the existing centerline of the frontage road could be moved over two feet. Mr. Western responded that without a median area, two feet would not be enough. A distance of four feet is needed from the edge of the roadway to the edge of the trail. Councilmember Duggan asked if four feet could be added to the highway side of the frontage road. That would create a larger buffer from the curb on the north side. Ms. Jackson responded that for an on- street solution the county has done that, but this is a regional trail and off street solutions are the none. It would also be contrary to the county preference to provide safer off road solutions. Mayor Huber stated that the people who are really going some place on their bikes are never on the trails. If Ms. Jackson is talking about shall children learning to bike, it is true that off road is safer, but no one else uses the trails for bikes. Ms. Jackson stated that the Cannon Valley trail is the model. The county recognizes that people will choose to ride on the road, especially skilled riders. Mr. DeBar stated that the county has come up with some alternate alignments. The trail would go on the north side, all on MnDOT right -of -way. No temporary easements will be needed. A couple of homes on the east side are very close to the right -of -way, and one of the solutions the county proposes is to shift the alignment of Mendota Road towards T.H. 110. It is proposed to shift the alignment of the right -of -way to the south fourteen feet to miss the trees and separate the trail from the homes a bit. The northerly edge of the trail would be about the edge of the curb line for those two homes. Another issue with this alignment is that before the trail Page No. 9 July 19, 2005 curves back to the north near the high school, there are some wetlands and steep slopes that would require a retaining wall. The wetlands would not be impacted. Responding to a question from Councilmember Schneeman, Mr. DeBar stated that the drainage issues can be handled and any existing problems would be improved. With respect to moving the frontage road, Councilmember Vitelli asked what the setbacks from the homes would be after the realignment. Mr. DeBar responded that the trees are right off the existing curb line and the proposed edge of the trail would be right on the edge of the existing curb line, which allows the county to preserve the existing trees. That is the only modification being proposed for the frontage road. Councilmember Krebsbach stated that on Marie the trail comes right to the curb. She did not think bicyclists will use the trail and that it will really be a pedestrian trail. She asked if the four foot buffer can be eliminated so the trail can be moved right up to the new curb. Mr. DeBar responded that there are some standards with MnDOT and this is a federally funded project, so it is held to higher design standards than other trails. He did not believe the suggestion would be acceptable. Councilmember Duggan stated that an eight foot trail makes sense rather than a four foot boulevard that would not serve any purpose other than the standards. He stated that for ten years people have waited, thinking the trail would be on the south side. Mr. DeBar agreed that there definitely is ownership. He commented that the residents have maintained and improved the right -of -way. When drove here this evening he saw several people biking on the north side and not one on the south. Councilmember Schneeman stated that when she and the city administrator went out there recently, people were riding their bikes on the road. She felt the trail will be used tremendously once Town Center is built and the people living along it will like it. There are 21 miles of trails in the city that people enjoy, and she thinks putting the trail on the south would be a safety issue. Bicyclists will not be using it but families and children on bikes will use it. Page No. 10 July 19, 2005 Mr. DeBar responded that is part of the reason for the four foot boulevard — for safety for children learning to ride their bikes. Councilmember Duggan stated that the county is moving the road for the people on the east end and he would think the others would say it should be moved for them as well. He suggested adding four feet to one side of the road for about 700 feet. Park Commissioner Stan Linnell stated that the trail would definitely be a safety improvement if there is some boulevard. He agreed that high speed bicyclists will not use the trails, but he believes casual bicyclists will use it to go across town to get to a destination. The commission is very supportive of trails and most prefer the south side of the frontage road. He and one other commissioner prefer the north side. Councilmember Duggan suggested that the trail be eight feet into the properties from the curb with four feet designated and striped on the north side of the road and adding four feet on the south side, moving the centerline of the road. Councilmember Vitelli stated that Councilmember Duggan is describing a bike lane rather than a trail. Councilmember Duggan responded that it would minimize the amount of property being taken from the neighbors by adding four feet to the south side of the road for 700 feet. Mr. Linnell stated that taking the curb out and moving it four feet would help the neighbors a lot. Mr. Western stated that if the trail is 8 feet it needs to have at least two feet to the curb. It would have to be ten feet from the curb to the back side of the trail and there could not be anything in the grassy area. If the roadway could be moved over four feet, the crown of the road would also have to be moved and the drainage would need to be looked at. Mr. Allen Shade, 649 Highway 110, stated that last year he was assessed $800 and now from South Lane to Warrior Drive people will be getting it free. He stated that the trail would have to cross 13 driveways. The neighbors asked if it could be on the south side of the frontage road and were told that MnDOT would not allow it. He asked who would be liable if there were an accident (crossing the driveways). He also asked where the mailboxes will go. He stated Page No. 11 July 19, 2005 that he has not seen where a path has ever been resurfaced and was concerned about maintenance. He stated that there is a pond by Sibley where there are ducks and he will make sure that Ducks Unlimited is aware of this. He asked who will be responsible for maintenance and if the city is going to tax the property owners in the future for maintenance or if the residents have to maintain it. He stated that there have been six accidents on the frontage road near where the path will be. Mr. DeBar stated that the minimum boulevard is two feet. He is proposing four feet so mailboxes would be at the road edge. The county would try to maintain the same general characteristics the street has now. If curb and gutter is not needed, it will not be installed. When he starts looking at the old alignment up to South Lane, it is a wider roadway to the east and it might be an option to shave some of that off. Councilmember Vitelli stated that at quite a few of the homes the front yards are such that the path will eliminate the ditch. He asked why the ditch is there now and what will happen. Engineer McDermott responded that the ditch is there for the stone j water to flow into and the county is looking at whether they can build the trail in the ditch or put in some storm sewer. Mayor Huber stated that the city has a program where it resurfaces trails every few years. The county will be responsible for maintenance on this trail. Mr. John Bukowski, 663 Highway 110, stated that he has attended a lot of these meetings when the county started planning the trail and when there was discussion on putting it on Marie. He was at the Park Commission meeting and one thing he brought up was once Town Center was approved it was decided to reconstruct the frontage road. The city knew the county was going to put in the trail. It is very poor planning for the city and county not to get together at that time. The road could have been shifted closer to the highway. Councilmember Krebsbach stated that Council always thought the trail was going to the south. Had they thought it was going to have to go to the north, the road would have been shifted. Mr. Bukowski stated that in front of his house he has a row of seven or eight trees with lilacs bushes between them. The trail as proposed on the north side will not affect those trees or his barrier but it does Page No. 12 July 19, 2005 create a substantial traffic hazard. As he goes out of his driveway, by the time he is able to look both ways over the hedge most of his car will be in the bike path. It is a total blind spot and he will be liable because he would be driving the vehicle. Ms. Jackson responded that the county has discussed that internally and will look at landscaping and mitigation on a case by case basis. She wants to be sure there are safe sight lines so that people can back out of their yards. The county will look at what types of things they need to do with either retaining walls or moving landscaping. Councilmember Schneeman asked Ms. Jackson if there have been a lot of complaints from people after the county has completed other trails in the past. Ms. Moratzka responded that the county track record has been excellent. She worked on the Big Rivers Regional trail and there was a lot of controversy and many of the neighbors' concerns were similar to this. The county spent a lot of time meeting with the neighbors and working with the community and do the work that needed to be done to deal with the concerns. The feedback she got from them was that they were very pleased. The county also did trail work between Thompson Park and the Wentworth Library. They worked individually with the property owners on sight line issues and landscaping and that is the county's goal. The goal is to do the best job possible to snake people comfortable with the trail going in. The county is trying to accommodate a regional trail and connecting the Valley Park trail to West St. Paul and to the Big River trail. Mayor Huber stated that the city has put in trails and people were not happy the trail came into their yards. What bothers him on this is that the city developed a plan and stuck to it and dealt with difficult issues and now there is a flip flop. The neighbors need an answer why they have been hearing for ten years it was going on the south side. He is extremely disappointed for the residents. This has been handled abysmally. Mr. Bukowski stated that one of the things is that a couple of years ago he had a ditch in front of his property for about 80 feet. A couple of years ago he asked the city if he could fill that in and the city agreed as long as he did it a certain way. He bought $1,000 worth of pipe and put it in there and added onto his house. One of his concerns is if the ditch is filled in for the rest of the way whether the county will connect its pipe up to his driveway pipe and whether they are going to reimburse him if they use his pipe. Page No. 13 July 19, 2005 Mayor Huber responded that if the county has to do some work they have to put the property into the same condition it is in now. Mr. DeBar stated that any impact to the yards would be restored to the same or better than existing conditions. Responding to a question from Councilmember Vitelli on why he filled in the ditch, Mr. Bukowski stated that he got tired of mowing the ditch. The two houses on the east end, where they are talking about moving the road are very close to the intersection. He asked if the alignment of the intersection will be changed if the road is moved over. Mr. DeBar responded that it would not impact the intersection at all. Ms. Maureen Bolin, 673 Highway 110, stated that the water than comes down the service road goes under the road one house up from her to the east. Her problem is that when it rains a lot it like a river because what does not go under the road goes past her house. She asked if the county will be able to fix that problem in some way. She also stated that she would rather not have the trail at all and does not think it will be safe. She stated that as a driver, she thinks it is dangerous given the speed of skateboarders, etc. Mr. DeBar stated that the county would fix those problems and did look at the whole area comprehensively for storm water control. Ms. Dihn Van Tran, 689 Highway 110, asked that the trail be moved to save her trees. She stated that she moved here from another country 25 years ago and they bought this house 19 years ago. The prior owners of the land did not tell them that the city had right -of- way 14 feet into her land. She asked why the county needs to build the trail and whether it is absolutely necessary and who it will serve. The existing community should be the first consideration for the people who plan the trails. She does not see many people taking the trail on Dodd, and this trail is a luxury. She stated that she appreciates that the county would move the road to save her trees. Mr. Joe Henry, 657 Highway 110, stated that he is concerned that he is just hearing about the extension of applying for the federal funds for the first time. The neighborhood has gone through a lot with the Town Center construction and street construction. He stated that he feels that a sidewalk or something is necessary but if it is going to be an 8 or 10 foot trail in front of his yard, he does not want it. He suggested that a sidewalk be built if something is necessary. Page No. 14 July 19, 2005 Ms. Joyce Boehmer, 639 Highway 110, stated that the trail starts and ends between Dodd and Delaware. He asked where the safety is. Crossing at Delaware is very dangerous and crossing at Dodd is treacherous. It is a pointless trail. He stated that when he bikes, he goes through the neighborhood and over to Valley Park. Councilmember Schneeman stated that she has always wanted to see an underpass under Dodd. Ms. Boehmer stated that it would be better to put a bridge there that would take care of the safety issue. She suggested that the county wait to do the safe thing. Ms. Sylvia Glewwe stated that she has lived in here her whole life and does not object so much to the concept as the reality of the trail. Her concern is the impact on the neighborhood and the resentment she hears towards this plan. This has not been handled the way it should have been. The high school kids who drive -up and down her road are a bigger safety issue than the highway is. Cars on the highway have not been a problem but kids driving all over the yards have been. Mr. Justin Herzog, 669 Highway 110, stated that one of the considerations that had not been mentioned is the home owner going to the mailbox. He asked how old his children have to be to go out to get the mail for him. The trail will go between his yard and his mailbox. There was some thought several years ago about putting a divider between the curb and the highway. He does not think anyone has looked into the ramifications of using a divider on the south side of the frontage road between the highway and the frontage as it is now. Mr. Allen Shade stated that either side of the road doesn't matter. The children from Sibley go down the road at 80 miles per hour and it does not matter which side of the road the trail goes. Councilmember Krebsbach stated that she expects to support this because she likes the idea of people being able to walk, but building a bike trail for two blocks with 13 driveways on the north side is switching hazards from along the south side to crossing 13 driveways. At most the trail should function as a sidewalk. Ms. Jackson stated that with the existing funding, a sidewalk is not a realistic option. The funding application was for a ten foot pathway, which could be reduced to 8 feet. Page No. 15 July 19, 2005 Councilmember Krebsbach asked if the best case scenario is to build it on the south side and moving the frontage road north. Ms. Jackson responded that the county has talked about that but she cannot speak to what MnDOT would prefer. Councilmember Krebsbach suggested starting over and building it to be a bike trail on the south. Mr. Western responded that MnDOT would want thirty feet from the edge of the trail. Mr. DeBar stated that the road would have to move about 12 feet north to have the trail on the south. There must be 30 feet of clear space from the edge of the shoulder to the trail. Councilmember Krebsbach asked if there are any statistics on a trail that crosses thirteen driveways in terms of bicyclist safety. Ms. Jackson responded that she does not have statistics but can get them. MnDOT identified the north alignment as the safest alignment and she asked MnDOT about the driveway situation because the county thought the trail was okay on the south and they were very cautious about even looking at the north side without an indication the driveway situation would not be a problem. MnDOT said that it would not be a problem. Councilmember Krebsbach stated that if this goes through she does not want any ditches. She asked where the storm water would go. Mr. DeBar responded that storm sewer pipe would be put in to carry the water from catch basin to catch basin. Councilmember Duggan stated that he spent some time with Mr. Fred Wohlers who was very concerned about the true measurement of distances because of a legal document he has. He is concerned about what measuring point the trail would be built from. Mr. Kullander responded that the city originally wanted to acquire 50 feet of right -of -way and at some time that was changed to 40 feet of right -of -way and a ten foot temporary slope easement. The temporary easement reverted back to the land owners in 1972. Councilmember Krebsbach asked how the residents feel about two feet rather than four feet for the buffer. Page No. 16 July 19, 2005 Mr. Bukowski responded that it would affect him adversely because it puts the trail closer to his lilacs and trees and it would make it harder to see as he comes out of his driveway. Councilmember Vitelli stated that he agrees with MnDOT that the path on the south side is very threatening and dangerous and he understands what people are saying about speed on the frontage road. He believes there will be an increase in pedestrian and auto traffic after Town Center expands, which raises a concern about pedestrian safety. A trail is needed to create a link to the regional trail. It will not go on the south because there is no money to put it there. He thinks a trail continuation is needed and would support it on the north side. The funding is available and it is on existing right-of- way with no need to take anyone's property. The two homes he was most concerned about are accommodated because the trail will not be any closer to them than the existing curb. He thinks filling the ditches is a plus and that the four foot buffer is what should be done. Nothing will grow in a two foot buffer. He stated that his position is to continue the trail and put it on the north side. He stated that he sees why people are upset about it and why the Mayor is upset, but he feels the trail should be continued and there is nothing Council can do about the south side. Mayor Huber stated that it is not a funding issue on the south side. It is a design issue. MnDOT will not let Dakota County build a trail that does not meet the design standards. Ms. Jackson responded that MnDOT is the reviewing authority for the county to get the funds and if MnDOT says no, they pull the plug. Councilmember Schneeman stated that her major concern is safety and she thinks that will be a major issue for the residents on the frontage road. She spoke with the Chair of the Parks and Recreation Commission this evening, and he said the commission supports this because they want a trail there and if it cannot be on the south side, then let it be on the north side. She agrees with the Mayor that this has not been handled properly. She stated that she sees many children using the trail and she can se children going down to Town Center when it is done. Mayor Huber stated that he voted no to the trail fifteen years ago and will vote no now. He has heard about safety and getting people off the road but cannot get past the representation the city has been Page No. 17 July 19, 2005 making to these people for a long time and he will not back down from that. Councilmember Krebsbach stated that ultimately something will have to go in and she would only support this if the border is only two feet to preserve the plantings that people have. Councilmember Duggan stated that the Parks and Recreation Commission did not make a recommendation. The community shares their views. The commission mentioned that the previous year they made a recommendation for the south side. Less than a month ago, the city accommodated the neighbors on Cherry Hill Road and had major changes in the OPUS development. There are 14 out of 15 homes in this area who are against the trail and against the trail in that area. The lady at 645 Highway 110 talked about other ways of doing this and he does not see why this cannot wait. He does not support the trail on the north side. Councilmember Duggan moved to deny completion of the trail on the north side form Delaware Avenue to Oak Street. Mayor Huber seconded the motion. Ayes: 2 ( ) Nays: 3 Krebsbach, Schneeman, Vitelli Councilmember Vitelli stated that as an accommodation to Councihmember Krebsbach he would support the two foot buffer. He suggested that it drop to two feet where needed. Councilmember Vitelli moved to approve the trail on the north side. with two feet of buffer area and if the neighborhood decides it prefers to have all trail, a 10 foot trail would be in lieu of 8 feet and a 2 foot buffer. Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated that one of the conditions is that the buffer be two feet. In the discussion it was clear that when it does trails, Dakota County goes on a case by case, house by house basis and one of the conditions of the motion would be that the county staff meet with the neighborhood to determine whether they prefer a two foot buffer or a ten foot trail, but not to exceed ten feet total encroachment into the boulevard. Mr. DeBar pointed out that the mailboxes need to be on the curb line and two feet of clear area is necessary, so a three foot minimum buffer is needed. Page No. 18 July 19, 2005 Councilmember Vitelli stated that he understands the logic. A mailbox must be inset from the curb and a mailbox can be two feet wide. It could encroach on the trail and people could hit it with a bike. He supported a three foot buffer. Councilmember Krebsbach stated that another condition of the motion will be that the realignment of the frontage road does take place, as shown in the county drawing, to reduce the impact on the two houses to the west, that there be no ditches remaining and that any vegetation that is damaged be restored by the county. Mr. DeBar stated that there needs to be two feet of grass buffer on each side of the pavement. There cannot be a tree or bush in that area. Councilmember Vitelli stated that he will accept the stated conditions in his motion. Responding to a question from Mayor Huber, Mr. DeBar stated that the county will avoid all trees possible. Part of the realignment of the road will be to hiss the spruce trees. The county will meet with each neighbor and go over what will impact their properties. The county will salvage all the vegetation it can and will do a one to one replacement for vegetation that must come out. Ms. Moratzka stated that what the county is asking for is authorization to proceed with looking at designing a trail on the north side to see if it will work. If the county can come up with something that meets Council's conditions and come up with a design that meets MnDOT approval they will be back to show Council what they have done so that everyone is in agreement. The county has asked for an extension because they were told at the last minute by MnDOT that the county could not do what they wanted to do. The county already spent $80,000 on this project trying to put it where they thought it was approved. She is trying to save the grant funds, connect the trail and work something in that will fit the city and neighbors' interests. The county will not be doing the final design, but needs to take Council's concerns and the neighbors' concerns and see what can be done to salvage this project. The motion will allow the county to proceed. Responding to a question from Councilmember Krebsbach, Ms. Moratzka stated that if the county is not able to meet the concerns of the city and the neighbors, the city can retract its support. Page No. 19 July 19, 2005 Attorney Schleck suggested that the motion include that Council is only supporting the design study, not the design. Ms. Moratzka stated that she understands that is the city's position. Councilmernber Krebsbach stated that she would like it to be communicated that Council's eventual support is contingent on the conditions. MU030YOW95093119-IM Ayes: 3 Krebsbach, Schneeman, Vitelli Nays: 2 Huber, Duggan Councilmember Vitelli expressed appreciation to the neighborhood, Dakota County and MnDOT staff for their efforts on this difficult issue. RECESS Mayor Huber called a recess at 10:34 p.m. The meeting was reconvened at 10:42 p.m. INVER GROVE HEIGHTS Council acknowledged a memo from Engineer McDermott NORTHWEST EXPANSION regarding the City of Inver Grove Heights' draft Alternative Urban Areawide Review (AUAR) for the northwest portion of Inver Grove Heights. Engineer McDermott informed Council that staff received the draft AUAR for a 3,100 plus acre area in the northwest comer of Inver Grove Heights. The main impact on Mendota Heights is a proposed interchange at Delaware and 1-494. She stated that she has spoken to both MnDOT and Dakota County regarding this and that Mr. Western may be able to provide more information. NhiDOT and the federal highway administration does not have an issue with the interchange spacing, but according to Mr. Western, both MnDOT and the federal agency do have an issue with the addition of an interchange. Staff is asking Council to decide whether it supports the interchange or maintains the statement in the 2002 Comprehensive Plan that does not support the interchange and direct staff to prepare a letter to Inver Grove Heights. Councilmember Duggan stated that in looking at this, he felt there is a huge lack of information on two interchanges being so close. It would be interesting to see what Sunfish Lake's response is. He stated that the map does not tell him what is being proposed at Argenta and 1-494 and he would like to have a lot more detail should Inver Grove Height come back for Council's support. Page No. 20 July 19, 2005 -- Councilmember Krebsbach moved to oppose the proposed interchange, maintaining the opinion stated in the 2002 Comprehensive Plan, and to direct staff to prepare a response letter to Inver Grove Heights. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Mayor Huber asked staff to send a copy of the letter to County Commissioner Egan. CASE NO. 03 -04, PROPERTY Council acknowledged a memo from Assistant Hollister regarding MAINTENANCE ORDINANCE the draft Zoning Ordinance Amendment for property maintenance. Assistant Hollister gave a history and background on the proposed ordinance, stating that he had presented Council with the recommendation of the Planning Commission on June 21, and Council asked staff to solicit the opinions of the city's prosecuting attorney and any Council members who wanted to submit comments. There were also comments from the Mayfield Heights neighborhood. Councilmember Krebsbach stated that she discussed the proposed ordinance at her meeting with the Mayfield Heights residents and she feels Council needs to do a good review of the draft. Attorney Schleck stated that one of the things that is important for Council to do is to step back. and think about what the goal was when this was originally brought up — to provide additional health, safety and welfare protection or to try to regulate things that may not specifically be health, safety and welfare related. It is important to keep the goals in mind. Mayor Huber stated that there are some parts of the proposed ordinance that are pretty concrete, stating a specific number, etc., and it is very understandable as to what they mean. There are others that get hard to define what they mean and they are not open to interpretation, so from an enforcement standpoint that raises some concerns. Councilmember Krebsbach stated that Council did not want the ordinance to be so onerous but wanted the ability to take care of properties that become problematic. Councilmember Dugan complimented staff on their work and stated that, in his opinion, there are just some minor changes that need to be made. Page No. 21 July 19, 2005 Councihmember Vitelli stated that he was ready to approve the ordinance this evening. Council has spent six months on it, and unless the city attorney tells Council there is a problem, he would like to act on it at the next meeting. Council can change the ordinance if there is a problem with it in the future. Mr. John Korman, 2251 Dodd Road, stated that a couple of weeks ago he came to the city for help. He has a neighbor with huge trees that have been dead for three or four years and talked to the neighbor about taking it down but she said it would cost thousands of dollars. Another neighbor found someone to do it for $1,000, but that was too much. The trees are so big that when they come down, they will come down on one of the houses. He came to City Hall looking for some relief and was told it is a civil matter. He feels it is a health and welfare issue and asked that Council consider including removal of trees in the ordinance. Attorney Schleck responded that there is a potential for this to happen, but it has not happened. The ordinance deals with the issue of downed trees and how fast people must remove them but in terms of looking at the health, safety and welfare of the community, there is a balancing test that needs to be done. It is not something that cities traditionally get involved in regulating. Case law is that most of these issues are dealt with between individual neighbors. Mr. Korman stated that he thinks Council should have some right when there is a huge tree that could do substantial damage to someone's property or safety. Even tree removal companies do not want to take down a tree that has been dead that long because it is dangerous for them. As a citizen, he has a right to fear for his safety. Mayor Huber responded that it is an issue that caught the eye of the city attorney. He further stated that Council needs to be concerned about enforcement. Attorney Schleck asked Mr. Korman how much damage it would cost him in property value if the tree fell on his house. He stated that if Mr. Korman and his neighbor paid $1,000 to take the tree down, with the permission of the owner of the property with the dead tree, there would be no risk. Councihmernber Vitelli suggested that perhaps the cost could be split three ways. If it was him and he was as concerned as Mr. Korman, he would consider that. Page No. 22 July 19, 2005 NATIONAL NIGHT OUT Council acknowledged a memo from Administrator Danielson asking if Council wishes to reschedule the starting time for the August 2 meeting to 8:00 p.m. to allow Council more time to attend the National Night Out also being held that evening. It was the consensus not to change the starting time. DODD ROAD UPGRADE City Engineer McDermott informed Council that she received a letter from the City of Eagan stating that Eagan is requesting federal funding to widen Dodd Road to six lanes between I -404 and T.H. 55 Eagan is requesting a letter of support from Council. Councilmember Krebsbach stated that this came up in the past and Council said no. Council should not support something that brings that high of a volume of traffic onto Dodd. It was the consensus to send a letter to Eagan declining the request for support. COUNCIL COMMENTS Councilmember Krebsbach noted that St. Peter's Church will hold a dedication ceremony for its new building on July 12. She stated that it is a lovely church that fits within the bluff. Councilmember Krebsbach informed Council that she has had calls from neighbors on Ashley who are concerned about people cutting through from Beebe to get to St. Joseph's Church. She asked if "Children Playing" signs can be installed. Engineer McDermott responded that those signs are not acceptable under state guidelines and that they have been proven not to be effective. Councilmember Krebsbach gave Council a brief report on the Mayfield Heights neighborhood meeting. Councilmember Schneeman announced the birth of her new grandson, Finn Doherty. Councilmember Vitelli complimented Engineer McDermott and the team that worked on the Somerset area improvements, stating that it is a very nice job and was very well done. Councilmember Vitelli informed Council and the audience that St. Thomas Academy won the national competition for their solar car. Page No. 23 July 19, 2005 Councilmember Vitelli informed Council and the audience that St. Thomas Academy won the national competition for their solar car. Councilmember Vitelli stated that the police team, and particularly Sgt. Garlock, puts in a lot of time on the selection of new officers and they are doing a great job in the process. Councilmember Duggan stated that the theme for the city's 50th Anniversary will be "building neighborhoods, building the city. Among the activities that are planned are sports contests, arts contests on Mendota Heights themes. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:15 p.m. John J. er Mayor ATTEST: Kathl en M. Swanson City Clerk