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2005-06-21 City Council minutesPage 1 of 34 June 21, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 21, 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: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent for the meeting, revised to move item 6f, NURT alignment, 6g, grant application, 61, final plat extension, 6m, digital sign denial resolution, and 6n, 2005 street improvements, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the May 11, 2005 Airport Relations Commission minutes. b. Acknowledgement of the minutes of the June 14, 2005 Parks and Recreation Commission meeting. c. Acknowledgement of the Fire Department monthly report for May. d. Acknowledgement of cancellation of the July Airport Relations Commission meeting. e. Acknowledgement of a memo regarding the use of CDBG funds for removal of barriers in parks. f. Approval of the purchase of a plotter from the City of Prior Lake for the engineering department. g. Adoption of Resolution No. 05-39, "A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE Page 2 of 34 June 21, 2005 CITY OF MENDOTA HEIGHTS FOR DISPATCHING SERVICES." h. Adoption of Resolution No. 05-40, "A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO COMPLETE A SPEED STUDY ON MARIE AVENUE FROM VICTORIA ROAD TO TRAIL ROAD." i. Approval of list of contractor licenses dated June 21, 2005. j. Approval of the List of Claims dated June 21, 2005 and totaling $737,549.40. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 NURT ALIGNMENT Council acknowledged a memo from Operations & Projects Coordinator Kullander regarding the alignment of the North Urban Regional Trail at Dodd Road and Market Street. Councilmember Duggan commented Council that Mr. Fefercorn had indicated a preference for the trail on the south side of the pond and the Parks and Recreation Commission reiterated its preference for the north side. There was concern in relation to a safety fence. If the trail is moved to the south side, there can be a nicer fence but the city has to pay for it. If it is on the north side, the county pays for it. Councilmember Schneeman stated that Council wants to the safest trail. Further discussion was tabled until Mr. Fefercorn is present. GRANT APPLICATION Council acknowledged a memo from Administrator Danielson regarding the 2005 Metropolitan Council Livable Community Demonstration grant application. Councilmember Vitelli stated that he thinks Council should discuss a strategy and he has asked staff to be prepared to share their ideas on strategy with Council. The city should also be in touch with Rick Aguilara and discuss who will make the presentation and what will be said. Administrator Danielson responded that the strategy is that the city has received grant money in the past for the Town Center project, that it is a good project, and that the city needs more money. The but/for is that but for the money Page 3 of 34 June 21, 2005 from the Metropolitan Council, this project would not go ahead. The city has spent the grant money that it received. The original application was for more money, and the city is applying for the difference now. The city has until January to make the presentation. He and the former city administrator made the presentation for the last grant application. Councilmember Krebsbach stated that in one of the memos there was an indication that Mr. Fefercorn would like to use any remainder of the underground parking grant money for lighting. She asked what the balance is and if that money can be applied to construction of the other underground parking. Administrator Danielson responded that the balance could be applied to the other underground parking. Councilmember Duggan stated that he feels it would be appropriate to do that since the funding was specifically requested and designated for underground parking. Mayor Huber stated that the city needs to make sure to use all of the funds before the grant expires and that the funds are spent in a manner consistent with the request that was originally prepared. Responding to a question from Co-Lu-icilmember Schneeman, Administrator Danielson stated that the deadline for submitting the application is June 30. Councilmember Schneeman stated that if staff needs any assistance, she will be happy to contact Mr. Aguilara. Councilmember Vitelli moved to approve the application. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 MOEN LEUR FINAL PLAT Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Todd Mohagen for an extension to submit the final plat a PUD at 1-494 and 1-35E. Mayor Huber stated that there was a requirement in the planning process that required that the final plat be submitted Page 4 of 34 June 21, 2005 by April 12. Mr. Mohagen is requesting that deadline be extended to October. Mr. Charlie Melcher, the project's engineer from Quality Site Design, was present on behalf of Nomar Construction, the owner of the property. He stated the he attended all of the Council meetings on this matter. After the last meeting, he met with the project architects and discussed with their staff what the strategy would be. The first item of business was to get the plans and specifications and developers agreement together for city staff review. He is still in the process of getting the plans and specifications approved by St. Paul Water. He stated that he expects to get their review letter some time in four weeks or so. St. Paul Water is meeting to approve allowing Nomar to have water from Mendota Heights Road. Secondly, he and the city engineer have been passing information back and forth relative to the developers agreement. To date, they do not have a developers agreement put together to refer to the city attorney. With the revisions that will need to be done in response to the St. Paul water review letter, and getting the city's engineering staff to review the plans, they could be ready for plat approval in September, but early October would be safe. Mayor Huber stated that he does not remember St. Paul Water ever holding tip getting final plat approval. Administrator Danielson agreed, stating this will be a private water line, so it is somewhat unique. Councilmember Vitelli stated that a key question is on what date it was submitted to St. Paul Water. Mr. Melcher responded that he believes the request was submitted to St. Paul Water about six weeks ago. Councilmember Vitelli stated that it was submitted to them at a time after which the time limit for the plat ran out. It sounds like this project was put on the shelf, and that is why everything is late. He asked Mr. Melcher how many hours he has spent on this since Council gave its approval. Mr. Melcher responded that he has been working at the direction of the developers on this. Since Co-uncil approval, Page 5 of 34 June 21, 2005 the site has been balanced, so he has probably billed over $10,000 from an engineering standpoint. Councilmember Vitelli stated that he is not sympathetic and he feels they should reapply. He doesn't ever remember this happening in the past. He stated that he would be willing to grant another two weeks. Councilmember Duggan asked if St. Paul Water has given any indication of when they will be able to get approval. He stated that the developer just gave the city a two line letter of request with no details. Mayor Huber stated that one possible avenue would be to just let the timeframe lapse and take no action on the request. Council could just say they did not meet the time limits and the project is over. Council could consider asking them to go through a reapproval process, just coming back to Council, but in doing so with a project that lapses like this, it gives Council concern over the ability of the developer to bring the project to completion. He would like to have information showing Council that the developer has the ability to do what he says he will do. Mr. Melcher stated that the developer owns the property and he does not feel the developer has any wish to not go forward. They would like to get it developed. That is why he is working with St. Paul Water to get this through. If there was a time lapse, that is something the architect and engineering staff should be accountable to, and it would be harsh to through out the money spent on architecture and engineering. Mayor Huber responded that he understands that Mr. Melcher thinks it is harsh, but Council has approved dozens of projects over time, and when something lapses as long as this, it gives Council concern. Sooner or later, the city needs to know that the developer can come through. When things lapse this badly, it gives Council question over the attention to detail and the ability the developer has to go forward. The developer is asking Council to revive something that is already dead. He stated that he is not inclined to give the extension and may need to have the developer reappear before Council to give Council a level of confidence that the project will be completed. Page 6 of 34 June 21, 2005 Councilmember Vitelli moved to consider the project lapsed, and if the developer wishes to reapply that is fine, but he must bring something to Council that gives Council confidence that the project will move forward. Councilmember Schneeman seconded the motion. Councilmember Schneeman stated that her concern is that the letter was not submitted to St. Paul Water until May 17. Councilmember Duggan stated that he thinks the project engineers should have sent the permit applications in time to get things done. The application to St. Paul Water was eleven weeks after the city approved the project and then the developer waited eight more weeks to ask for renewal. He can understand a short delay because of the private water matter but he cannot understand why the engineer would delay the request to St. Paul so long. Mr. Melcher responded that after he got preliminary approval in March, he sent the survey crew out to find the watermain in April and then again to finalize the MnDOT connection to 1-494 to survey where they were going to discharge the storm water. From an engineering standpoint, he was performing work as necessary. From the owners standpoint, if they needed to send a letter requesting extension in a timely manner, that was not done. Mayor Huber stated that the developer has put Mr. Melcher in a bad position and should have come to Council himself. Councilmember Duggan stated that Mr. Leuer should come to the next Council meeting and give Council a credible explanation, or he will have to start the process over again. Mayor Huber felt that Council should deny the request and have them reapply. That does not mean the project is over, but Council needs something more in the ftiture to prove the project is going forward. VOTE ON MOTION: Ayes: 5 Nays: 0 CASE NO. 05-13, FRETSCHEL Council acknowledged a proposed resolution to deny applications from Mr. Richard Fretschel to allow an animated, digital sign at Henry Sibley High School. Page 7 of 34 June 21, 2005 Councilmember Duggan stated that he wanted to be sure that the language in the resolution coincides with the language of the application itself, and he has been assured of that. His concern was that if Mr. Fretschel had only applied for an animated digital sign, that is what should be in the resolution. He has been told that as part of the process, the city planner and Mr. Fretschel had drafted language that included the term electronic message board. Councilmember Schneeman moved adoption of Resolution No. 05-41, "A RESOLUTION DENYING AN APPLICATION FOR A ZONING ORDINANCE AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCES FOR AN ANIMATED DIGITAL SIGN OR ELECTRONIC MESSAGE BOARD SIGN AT 1897 DELAWARE AVENUE." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 2005 STREET Council acknowledged a memo from Engineer McDermott, IMPROVEMENTS along with the plans and specifications for the 2005 street improvement projects. Council also acknowledged a letter from Mr. & Mrs. Kevin Clark, 643 Sunset Lane. Engineer McDermott stated that Mr. & Mrs. Clark question the need for curb and gutter on Sunset and that was decided when Council approved the feasibility report. The city typically installs curb and gutter to improve maintenance and keep the water from going under the pavement into the street base. With the installation curb and gutter, the street should not have to be reconstructed again in the future. When maintenance is done, it will be either mill and overlay or seal coat in 20 to 25 years. Mayor Huber stated that when the city does curb and gutter, it is the policy that the city pays part of the cost. When curb and gutter is not installed, the property owners pay 100% of the cost. Mrs. Susan Clark stated that she has lived on Sunset Lane since 1962. Her parents built a house there and her aunt and uncle had a house there She and her husband bought her friend's house on Sunset Lane because she likes the way the neighborhood looks. She does not like the feel to look at a street with curb and gutter. It looks like every other suburb. Page 8 of 34 June 21, 2005 She likes Sunset Lane and Mendota Heights, which is one of the reasons she and her husband settled here. The water just runs down the street now. Mayor Huber responded that Council ordered the project in with curb and gutter. He understands that some people have a question about the aesthetics of curb and gutter and do not want it, and others do. Engineer McDermott stated that the second issue that the Clarks have is about the catch basin location. She stated that she can look at it and if it makes sense to move it she will. Their third item was that the Clarks own two lots and are being assessed for two units. One of the lots is vacant, and it has been past practice to defer assessments until vacant lots develop if the owner requests deferment. Mrs. Clark stated that the lot has always been in her family as well. She does not want a house built on it. Councilmember Duggan stated asked if the Clarks would be assessed two units if they combine their lots into one. Mrs. Clark responded that they tried to combine the lots for tax purposes and the county said they could not do that. Engineer McDermott stated that if the Clarks combine the lots they would only be charged for one lot. If the property was subdivided in the future, the assessment for the vacant lot would be picked up at the time the lot develops. Mr. William Gra-Lipe, 642 Sunset Lane, stated that he has lived in his home for twelve years and has never had a water problem and the drainage is great. He does not see the need for curb and gutter. He does not care for the curb and gutter. He stated that as far as the water getting under the street and creating a problem, he felt that the street would not be in the condition it is in if it had been maintained better over the last ten years. Responding to a question from Council, Engineer McDermott stated that Sunset Lane is about 40 years old. Councilmember Duggan stated that the city received a communication from a resident in the area who was unhappy about not being able to park their car in the driveway or on Page 9 of 34 June 21, 2005 the street for a couple of days. He stated that staff should do whatever it can to advise people when they are going to be affected by construction and tell them that they will not be disrupted too long. Councilmember Vitelli moved adoption of Resolution No. 05 -42, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SUNSET LANE (PROJECT #200212), IVY FALLS AVENUE (PROJECT #200210), IVY HILL DRIVE AND MAPLE PARK DRIVE (PROJECT #200506), RIDGEWAOOD LANE (PROJECT #200508), AND DODGE LANE (PROJECT #200214)." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Cliff Timm expressed concern over the safety on Wagon Wheel Trail near the culvert where people fish. He stated that Mr. Courtney Pince told him that he had nearly hit a child a week ago. He fiirther stated that he enjoys seeing people fish but when they come with a carload and let the children play in the street it is dangerous. The city needs to work on off -road parking and fishing, and he is looking forward to working with Councilmember Schneeman on that. He also informed Council that he talked to Senator Metzen and Representative Hanson today about when Jay Riggs is going to be replaced at Dakota County Soil and Water so that he can work with someone on rain gardens. He feels that there should be rain gardens at St. Thomas Academy and will work with them on rain gardens and the goose problem. He has been working on a project of trying to discourage geese with dogs. FIREWORKS Council acknowledged a memo from Administrator Danielson regarding the Fourth of July fireworks. Mr. Steve Watson was present on behalf of Mendakota Country Club. Mr. Watson stated that ten years ago Mendakota Country Club, in conjunction with the city, started hosting the July 4 fireworks. Initially the country club supported the funding and the city provided public safety. In 1999 the fireworks cost $8,800, and it has gone up to $12,000. Two years ago Mendakota asked the city for some financial support and the city contributed $1,500. This year the cost rose from Page 10 of 34 June 21, 2005 $10,000 to $12,000, and he is asking Council to consider some additional funding. Councilmember Duggan moved to authorize staff to participate in co-sponsoring the July 4 fireworks and to authorize a payment of $2,000 to Mendakota Country Club to assist in the cost of the fireworks. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 WATER MANAGEMENT PLAN Council acknowledged a memo from Engineer McDermott regarding the Local Surface Water Management Plan. Engineer McDermott informed the audience that the city recently retained Bonestroo Rosene Anderlik & Associates (BRAA) to update the city's surface water management plan. She introduced Mr. Bob Barth, from BRAA, to Council and the audience, who reviewed the report and answered questions from the Council. Councilmember Krebsbach commended BRAA on the report and the aerial photography. Mr. Barth stated that the plans are a statutory requirement. In Mendota Heights' case, there are unique aspects including the wetlands map, and the intent is to resolve the wetland boundaries. The other is updating surface water models and updating the maps and converting them to software. Responding to a question from Councilmember Duggan regarding population estimates, Mr. Barth stated that the city should update its ordinance to reference the current estimates. He further stated that BRAA has recommended other changes to the ordinance. Councilmember Duggan stated that Council is fairly certain that nothing will happen to the Garron property and that some of the focus areas have changed since the study was done. Mr. Barth responded that he will get more information from Engineer McDermott on those. Page 11 of 34 June 21, 2005 Councilmember Krebsbach stated that it is noted in the study that Lake Augusta has no outlet, but that water is coming in. She asked Mr. Barth what his recommendation is. Mr. Barth responded that with respect to landlocked lakes, the issue is degradation. The Metropolitan Council is making 25 cities go through non - degradation analysis. His recommendation is that if a landlocked lake works, the city should leave it alone. Councilmember Krebsbach stated that the recommendation for Wentworth Park is to construct pre- treatment ponds, but he is not recommending that for Valley Park. Mr. Barth responded that the treatments ponds for Wentworth are to improve the water quality. He also recommended buffers for Friendly Hills Park. He stated that the assessments were very preliminary by BRAA's wetlands staff and city engineering is reviewing them and the city's park people need to review them. Councilmember Schneeman stated that there was also a recommendation to eliminate mowing to the edge of the pond to reduce the geese problem. She further stated that in time the city will need to put in aerators in the ponds and that they are very important to the city. Councilmember Krebsbach stated that she and the Mayor were both called by a resident in Kensington to look at an outlet there. The lake at Kensington has four inlets or more and that is not showing yip on the aerial photos for having outlets designated. Mr. Barth responded that the study does not show all of the storm sewer. It is a watershed model, and the study is showing how watersheds are connected. Councilmember Duggan pointed out some errors in the report. The study attributes the Mendakota Country Club to Par 3 Golf Course and also had a different name for Acacia Cemetery. KOWALSKI MARKET Council acknowledged a memo from Administrator STUDY Danielson regarding the market study for a market at the Village at Mendota Heights. Page 12 of 34 June 21, 2005 Mr. Keith Wicks informed Council and the audience that he prepared the study for Bob Kowalski and RF Entities to determine the feasibility of a proposed grocery store for the Village at Mendota Heights. He stated that doing a market study is a standard process in the grocery industry. The market was assessed in terms of demand and competitive structure. The store Mr. Kowalski is proposing was discussed and assumptions for the 3,000 square foot facility was done in detail so the forecast is limited to that specific model. He stated that he also looked at a 4,000 square foot facility. The store will be a specialty food store and will have a featured quality deli and with meat and seafood. He projects that this store will take about a 3% market share out of the primary trade area. Coimcilmember Krebsbach stated that she is very pleased to see the store come in. She started that the residents she has talked to want it. She feels it will be a destination if it also includes a place to sit and eat or have coffee. Mr. Wicks stated that the difference between the models is that they both have a service meat and seafood section, produce, core grocery, etc, and they both have caf6 seating and sandwich activity. The retail model that Mr. Kowalski is proposing will have a bakery partner and there could be a coffee shop. The deli will drive the lunch trade and even some evening meal trade. The marketing plan will have to be to draw both retail food service and to draw the local workers and business industry to have lunch. Responding to a question from Cotmeilmember Duggan, Mr. Wicks explained how he arrived at the weekly retail potential. Councilmember Duggan stated that the underlying assumption is that the store would get all the business for the trade area. Mr. Wicks responded that the market model breaks the 20,000 population into neighborhood sections and that is farther defined based on other operations within the area. There is also a float factor for specialty retail and convenience stores, and that is typically about 15 to 20% of the market place. The rest share the over $750,000 of retail food potential. Page 13 of 34 June 21, 2005 Councilmember Duggan stated that he is looking forward to the store being built and going to it when it is built. Councilmember Vitelli stated that the city paid for part of the study. Key to the city is the question if the market for the 3,000 to 4,000 square foot market is a viable business potential at that site. He stated that the key issues are whether the Kowalskis are excited and if they want to proceed. Mr. Wicks responded that it is viable in terms of the retail sales potential. The model Mr. Kowalski has presented to him makes sense. It works at this site, but there is a new issue that came up recently that needs to be investigated further. Mr. Kowalski stated that one thing that needs to be made clear Lip front is that it is not the Kowalski family market project. It has nothing to do with the Kowalski Markets, which do facilities of 18,000 square feet or more. He stated that he was approached a couple of weeks ago by Mr. Ed Paster, who is talking about looking for a grocery partner for the shopping center. He stated that he does not want to go forward with his market if he knows someone else is coming in with a 7,000 to 10,000 square foot facility in the shopping center. The goal for tonight was to just do a feasibility study. Everyone wants a store badly. The study was done to see if the model will work. If he proceeds, his next piece will be to find financial partners and decide on a final format. He showed a photo of a similarly sized market in Atlanta and stated that he likes the format, which has seating in the middle. He is proposing that the perimeter of the store be small grocery, strong perishable, upscale perishable and great service. Councilmember Vitelli asked what Mr. Kowalski is going to do in the next two months. He commented that the study is encouraging. Mr. Kowalski responded that for the last three months he has been exploring this every day. He will take it to the next level of seeking investors and getting an architect involved. He has to finalize the design, and if the money and plans fall in line, he will move ahead. He first needs to know what is going on at the shopping center. Page 14 of 34 June 21, 2005 Councilmember Duggan suggested that Mr. Kowalski get a copy of the concept plan that Mr. Paster presented in the past couple of years. Councilmember Schneeman commented that when Mr. Paster was at a past Council meeting, he said that at that time the market would not support a fall sized grocery store. Mr. Kowalski stated his brother did a feasibility study for a large store and it would not work. Responding to a question from Councilmember Schneeman, Mr. Kowalski stated that he is more comfortable with the 3,000 square foot store, but if an investor was willing to support a larger store (4,000 square feet), he would do that. Councilmember Vitelli thanked Mr. Wicks for the study and stated that he looks forward to working with Mr. Kowalski. LIQUOR LICENSE HEARING Mayor Huber opened the meeting for the purpose of a public hearing on an application from Kristen and Robert Kowalski for an off sale liquor license for The Wine Market, proposed to be located in Town Center. Council acknowledged a memo from the City Clerk regarding the application. Mr. and Mrs. Kowalski and Mr. Ross Fefercorn were present for the discussion. Ayes: 5 Nays: 0 The City Clerk informed Council that the license application is complete and the background investigations were positive. She informed Council that, under the ordinance, action on new liquor licenses cannot be taken until the next regular Council meeting. Mr. and Mrs. Kowalski spoke briefly and responded to Council questions. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Duggan moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved to table action on the application to the July 5 meeting. Councilmember Schneeman seconded the motion. Page 15 of 34 June 21, 2005 Ayes: 5 Nays: 0 TOWN CENTER/NURT Councilmember Krebsbach asked Mr. Fefercorn about the balance of the Metropolitan Council grant funding for the underground parking that he wants to use for lighting. She stated that she understands there is a small balance from the underground parking in Building F and Mr. Fefercorn wants to apply that to lighting in the parking ramp for safety. She asked whether the balance could be added to the underground parking for the other building. Councilmember Vitelli noted that if the balance is applied to the underground parking, Mr. Fefercorn might not meet the timeline for funding this year. Mr. Fefercorn stated that the underground parking is deep and cavernous and to make it inviting, he thinks it is important to have high quality lighting. Lighting was budgeted and was always contemplated, but he did not know how it would work out. The lighting would access the underground parking and the access to the underground parking. Councilmember Vitelli asked when Mr. Fefercorn when he estimates fully drawing on the Metropolitan Council funds. Mr. Fefercorn responded probably in October. He believes that both of the grants will be drawn down entirely by December of this year. Councilmember Duggan stated that at the last meeting Mr. Fefeercorn told Council about the challenge of the NURT trail on the north side versus his preference for the south side. The Parks and Recreation Commission has reaffirmed their recommendation for the north side because they see it as bringing more people into the center. If it goes on the south side, the city would need additional funding for safety because of the embankment. Mr. Feffercorn showed the alignment of a portion of the trail. His concern is if it is intended to be a bike trail, there some hairpin corners that will not be bikeable. Also, the embankment is fairly steep, and federal standards require a safeguard railing around the entire trail. It would be an acceptable walking trail. If there are signs that say Page 16 of 34 June 21, 2005 "dismount your bike and walk," he can get it, but if it is a bike trail, he thinks there will be accidents. Councilmember Duggan stated that as he understands it, there will be bicyclists on the trail, but the primary use is as a walking trail from Delaware into Town Center. Councilmember Schneeman stated that she believes there will be a lot of bicyclists using the trail as well and she thinks it would be safer to have the trail on the south side. Mr. Fefercorn stated that he wants to encourage pedestrian traffic through the area, but does not want to encourage an unsafe condition. That is why he suggested that the trail go south of the pond. If the NURT trail gets built on the north side, a less expensive trail could be built on the south side. He informed Council that he is hiring Landform to survey Outlot A again to be sure the grading plan is correct. Engineer McDermott stated that she is trying to set up a meeting with Dakota County and MnDOT to discuss NURT trail options. Mayor Huber suggested that perhaps there could be a fork, in the trail where bike racks can be placed so that people could get off their bikes to go into Town Center and not have to bike through along the street. Councilmember Vitelli asked staff and Mr. Feffercom to meet with Dakota County to review the two options and careftilly discuss the pros and cons of each. CASE NO. 05-08, MENKE Council acknowledged an application from Mr. Dave Menke, on behalf of the OPUS Corporation, for CUP for a PUD, Comprehensive Plan Amendment, Rezoning, Subdivision, Critical Area Permit, CUP for Fill, and Variances for a Multi-Family Residential Redevelopment at 820/840 Sibley Memorial Highway. Council also acknowledged associated staff reports and letters from Ms. Rose Huntley and Mr. & Mrs. Gary Sachs and OPUS. Assistant Hollister gave a brief history of the proposed project. He stated that at the last meeting, Council continued the discussion to this evening and asked OPUS to work on five issues. They were: adjusting the position of condominium building B about 15 feet to the north; replace Page 17 of 34 June 21, 2005 the pitched roof of the condominium buildings with mansard roofs; eliminate the two comer units at the intersection of Wachtler and T.H. 13; continued discussion on the cost allocation for trail and storm sewer improvements; and, the massiveness of the condominium buildings. OPUS has submitted a letter of response to those issues. OPUS shifted the position of condominium B, replaced the pitched roofs with mansard roofs, eliminated the two twinhomes at the intersection of Wachtler and T.H. 13, recalculated the impervious surface coverage (27% now versus 28% with the last plan), and met with city staff to discuss design options for trail and storm water. Mr. Menke reviewed the revised site plan, describing the changes that have been made. At the comer of Wachtler and T.H. 13, two units have been removed to create a greater buffer and preserve some additional trees in that area, and that also resulted in a reduction in the impervious surface to 27.3%. Building B was moved about 31 feet to the north and rotated clockwise to expand the view comer for the home owners to the south. With respect to surface water, the idea that the project has detention in and of itself is a dramatic improvement to the current conditions. Councilmember Duggan stated that there was major concern over moving Building B in relation to the site line for homeowner five. The site line going north and west is increased by moving B as proposed. He sees homes three and four as having their site lines going through the middle of the two buildings, and suggested there not be any big trees there in order to preserve their view. He stated that the height of the condominums last time was 48'10" and asked what the height is now. Mr. Menke responded that there will be low plantings in that area. The mansard roofs reduce the building height by about nine feet. Responding to a question from Councilmember Schneeman regarding fill, Mr. Menke stated that the fill areas will be generally in the center of the property and in front of the homes and condominium buildings. The grade will be increased anywhere from seven to ten feet to keep the utilities above bedrock. The rear of Building B, there will be about 10 feet of fill brought to the site. Responding to a question from Councilmember Krebsbach, he stated that the condominium buildings with mansard roofs will be 40'l 0" Page 18 of 34 June 21, 2005 on top of the ten feet of fill. The Economics Lab building is 36 feet tall. Mr. Becker stated that if the utility connection is made to the existing utilities in T.H. 13, the buildings in the development cannot be lower than the utilities that are serving them. The utilities end up driving a lot of the design. Councilmember Krebsbach asked if part of the complexity of the project is because of bedrock and if the pond is so large because it cannot go deeper. She also asked if the condominiums will have underground parking and if they would be on bedrock. Mr. Menke responded that the pond is actually sized in a minimal condition. The condominiums will have underground parking. The base of the condominium will be on bedrock, and they will dig down nominally. Councilmember Krebsbach stated that part of the reason the buildings are so high is because they are being built on bedrock. She stated that St. Peter's Church did not need any variances — they built down. OPUS is malting no attempt to go underground, but is raising the site eight feet. If the site were not bedrock, OPUS could dig the building down. Mr. Menke responded that they will need to do some blasting, and there will be some ripping and removal of rock. Mr. Tom Becker, project manager for OPUS, stated that the bedrock is not limiting the size of the pond. There is excavation of bedrock to get the pond in. He stated that he met with the grading contractor, and there is quite a bit of bedrock being excavated. The pond will be close to ten feet deep. OPUS is bringing in the fill they are because they are trying to achieve walk -outs for the townhouses. Councilmember Krebsbach stated that going 20 feet higher than the building is equivalent to the four story Fairfield Inn because OPUS is adding ten feet of fill. Mr. Menke responded that Building A's footprint is on the portion of the site has bedrock to a lower depth, so OPUS is able to put seven to eight feet of the garage into the ground. Building A will be closer to 41 feet tall. Page 19 of 34 June 21, 2005 Mr. Becker stated that the existing grade for Building B is much lower than the grade for Building A. Building A will be nestled into the hill at about existing grade. That's not possible for Building B because the existing grade is so much lower. Councilmember Krebsbach asked because is the fact that is bedrock the reason why OPUS needs to get so many units. She also asked how big an office building would be if OPUS did offices on the site. Mr. Menke responded that there is not really extraordinary cost because of the bedrock. OPUS needs to maintain the minimum density to make the project economically feasible. The proposal is down to 112 homes now. At something less than that, it would not be economically viable. Under the ordinance, an office density for this site could exceed 500,000 square feet the building height could be as much as 45 feet. The current project is at 300,000 feet of density. Responding to a question from Councilmember Krebsbach about the office market on the site, Mr. Menke stated that the office market is beginning to recover and the site is a campus site setting, so a large user or two might find it attractive. Councilmember Schneeman asked Councilmember Krebsbach if she would really prefer large office buildings on the site with parking ramps and loading docks. Councilmember Duggan stated that Council does not know that OPUS would come back with an office plan. This plan would complete the more residential aspects of the area, tying it in with the residential surrounding it. The industrial area is on the other side of the city. He pointed out that Assistant Hollister gave Council information at the last meeting on what office development could occur on the site. He questioned whether there is the need or demand for more office buildings in Mendota Heights. He felt this is a quality development and developer and there is a demand for housing. The proposed development is attractive and appropriate for this area. Mayor Huber stated that he spoke with Mr. Menke during the week about putting the two buildings together. He asked Mr. Menke for his response. Page 20 of 34 June 21, 2005 Mr. Menke responded that Mayor Huber asked him during the week about connecting the buildings and moving B in an easterly direction. His answer is that it is market driven. A building footprint of 40,000 square feet or more would be about twice the length of any traditional condominium building and would not be acceptable in the market place based on OPUS focus group meetings. OPUS would like to continue pursuing the idea of the two smaller buildings. Ms. Gail Sachs stated that she understands that St. Peter's Church dynamited into the bedrock. Councilmember Duggan responded that they did not. They were concerned about damaging the historic church. There is no basement under the addition. Ms. Sachs stated that she appreciates the adjustments OPUS has made but the offensiveness of the height is still there. OPUS could blast the bedrock without worrying about historic impact. - Councilmember Krebsbach stated that this is a real departure from how Council has guided this area. People expect Cotmcil to take care of the bluffline. Mr. Gary Sachs stated that from what he has heard on the garage issue, if the garage is going to be 10 feet above the existing grade, what will fill t hat in. The patios are at grade level, and part of the garage will be above grade. Mr. Menke responded that the image he showed takes into account the raising of grades. There will need to be a slope away from the rear of Building B, and none of the garage will be visible. Mr. Sachs asked if Council would want to wake up in the morning with a 51 foot wall in their back yards. Building B will affect two of the existing property owners, and that is why they are trying to get it lowered or moved. Building B will be 200 feet closer than the building. Responding to a question from Councilmember Duggan, Mr. Menke stated that the face of building B is about 200 feet from homeowner 4 in Cherry Hills. Page 21 of 34 June 21, 2005 Councilmember Duggan asked what the height of the trees will be that OPUS will be planting to minimize the impact of the condominiums. Mr. Damon Farber responded that the trees that are being added on the Schwab property will be 6 to 8 foot evergreens. Then maples and oaks will be 8 to 10 feet in height and 2.5 inches in caliper. Councilmember Duggan asked if OPUS will work with the neighbors for judicious placement of the trees to soften their view. Mr. Farber responded that he will and also will meet with all the neighbors and will add trees to their properties. He will keep working with them to be sure to get the neighbors get the best buffer they can to maximize their view. He will be careful not to block the view between the two condominium buildings to enhance the view of the neighbors. Councilmember Schneeman asked if Mr. Farber will have an arborist come in and look at what trees are worth saving. Mr. Farber responded that he will save the quality trees on the site and intends to save as many trees as possible. Councilmember Krebsbach asked if the city were to consider land rather than a cash contribution, what would that be. Administrator Danielson responded that it would be about 2.5 acres. Ms. Karen Sachs stated that if the two condominium buildings were put together, they could be divided by decorative walls to eliminate long hallways. Moving the building 15 feet does not mean much. She stated that she is confused about the Council's comments on keeping the city spacious. This project is not spacious. She stated that once the project is constructed, it will always be there and the community will be forever changed. Mr. Menke stated that if it is Council's desire to limit the contribution towards a storm water fix, OPUS would request that the cost related to the trail along Wachtler and T.H. 13 for establishing the proper grade, etc., be an offset to the Page 22 of 34 June 21, 2005 park contribution. OPUS will figure out a way with to deal with the storm sewer costs. Councilmember Vitelli asked how much that would cost the city. Mr. Menke responded that there will be no cost to the city for the Wachtler storm water improvement. The additional work that is related to the trail will be done at the same time as the Wachtler storm sewer, OPUS would use its park fees for that. The trail would cost about $50,000. Mayor Huber responded that the issue can be worked on in the developer's agreement. Staff has not had a chance to review the plan. Attorney Schleck suggested that the city look at the exact costs when there is an opportunity to look at them in detail. Nothing is final until a developer's agreement is executed. Councilmember Vitelli stated that he believes residential is the best use for the site. He feels this is a reasonable use of the land although that it is unfortunate that a couple of residents will be affected. Cotmeilmember Vitelli moved to adopt the proposed resolution approving the proposed development. Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated that she believes the massiveness of the condominium buildings is due to building on bedrock and that she fiirther believes this is a significant change in the character of Mendota Heights. Councilmember Duggan responded that Councilmember Krebsbach approved a plan for double the density at the Village at Mendota Heights. It is an uncomfortable situation for the three homes that are negatively impacted by the height of the buildings. He stated that he has not seen any consideration for lowering the buildings or some other compromise. He felt that the density is reasonable and that the area will forever be changed with whatever goes on the site. He is concerned with the height and massiveness of the condominiuun buildings. OPUS is a good developer and he is challenged with the view line the homes will see for the next five years. He would have liked to have seen all Page 23 of 34 June 21, 2005 townhomes rather than townhomes and condominiums. The massiveness of the two buildings is still a hang-up for him, but it is an outstanding development. He noted that Fire Chief Maczko had expressed concern about the canopy height and also recommended that there be no parking on one side of the ring road. Mr. Menke responded that the canopy height the chief requested was in excess of 14 feet and that is probably not achievable. He stated that he is exploring whether to eliminate the canopies entirely. He has explored numerous variations of site plans, and with respect to addressing the massiveness of the buildings, the first proposal was for one four story building a couple of months ago. The current proposal is for two three story buildings with mansard roofs to red-Lice their mass. He does not feel that a thirty-unit building is a massive building. Councilmember Duggan responded that there are homes behind the condominiums whose owners have had serenity for many years. Mr. Menke stated that OPUS has accommodated landscaping, planting trees on the homeowners' properties along with moving the building, etc. Councilmember Duggan asked Mr. Menke if he has explored two story buildings rather than three story. Mr. Menke responded that the height of the buildings gets to density and OPUS needs 112 units in the development. Responding to Councilmember Duggan's comments on Town Center, Councilmember Krebsbach stated that she spoke to take out some of the units and Council was not amenable to that. More green space was added, and she spoke many times to the quality of the project. Councilmember Vitelli stated that OPUS is a quality developer who came before Council a couple of weeks ago and Council asked them to remedy five items. They have remedied those items. They removed the two units that Councilmember Krebsbach wanted removed and she is still voting against the proposal. If he were OPUS, he would say that he wants to put the two units back. He would let them. Page 24 of 34 June 21, 2005 OPUS changed to mansard roofs at Council's request and did everything else Council requested. Mayor Huber stated that OPUS has made changes in response to Council requests. He believes the current buildings will not survive. There will be change. The question is what that change will be. He thinks given where the boundaries of the critical area are, that forces the height back by the neighborhood. Councilmember Krebsbach stated that is something Council could always address and Council has not explored offices. She has thought long and hard about the development, and she believes that the massiveness of the buildings is driven in part by the bedrock. She questioned the appropriateness of placing the condominiums when there is no option to dig deeper. She stated that she has not explored the office option yet. Mayor Huber stated that there has to be a market. This is not unlike the Sibley sign. That came down to the issue of whether the city could stop the signs going elsewhere. The central issue on this is the height/massiveness, and for him it is more the height issue. He stated that what he is wrestling with is whether another project would have a materially different height. That is the unknown. If he felt confident there would be a project coming forward materially different in height, he would like to take a look at it. If the answer was that they could change the height by five feet, that would not help anyone if the city ends up with a less desirable project. If there were not a significant difference in height, then Council would have made the wrong decision in denying this project. If there is a difference between height and massiveness, he is more concerned about height than the width. Councilmember Krebsbach stated that people have asked if they could do multi-family at Lexington and T.H. 13. Council needs to discuss this more as a concept and consider the what ifs up and down Highway 13 once this type of project comes in. This is a major change along the bluff. Mendota allowed three units on T.H. 13 and there is no vegetation there and it will never come back. Her two reasons to vote against this is the height and the massiveness. The width could be dealt with another way, but the height is due to the bedrock. The second reason is that this will VOTE ON MOTION: Ayes: 2 Schneeman, Vitelli Nays: 2 Krebsbach, Duggan Abstain: 1 Huber Page 25 of 34 June 21, 2005 change what happens on the bluff. It has always been single family. Councilmember Duggan asked if OPUS would consider putting back the two units at Wachtler and T.H. 13 and taking off the top floor of building B and the city could consider contributing $80,000 of the park contribution towards the storm sewer. Councilmember Krebsbach asked if there is any way this project could go if there were one condominium building. Mr. Menke responded that OPUS did resurrect the old concept plan. There is a threshold in the market place where over fifteen units per floor is too big. Coming back to a four story, 14-15 home per floor structure would need a flat roof. That was not well received in the marketplace. OPUS has considered it and has now come back to the compromise solution and thinks it is the best attempt to arrive at a project that has economics that OPUS can live with and accommodates the needs and desires of the neighbors. Councilmember Duggan stated that it bothers him that he was not aware of the elevation of the additional footage under building B. He is concerned about the massiveness of building B. Removing the top floor would eliminate some of the concerns of the neighbors. Mr. Menke responded that this site plan takes into account much greater setbacks in respect to private properties than a standard office building would. One could put a very large parking ramp where building B is. Coimcilmember Duggan suggested that OPUS see what they can do with building B to alleviate the stress for the people behind it. Responding to a question from Mayor Huber, Assistant Hollister stated that he notified the applicant some weeks ago that the application was extended 120 days, which puts this out to August 2 before Council needs to act. Page 26 of 34 June 21, 2005 Mayor Huber stated that his feeling is that OPUS is very close to what is a project that he can support. He does not mind thinking about it for two weeks. Councilmember Schneeman stated that she lives in Cherry Hills and does not want to see any commercial buildings on the site. The existing traffic is twice as much to the site now than there will be wider this project. If a commercial project went in there, there could be a huge traffic problem. She thinks what the neighbors have to look at now is terrible. OPUS is so well known and so good, she wants to see something worked out. Councilmember Vitelli stated that there was concern expressed about the bluff. Across the street from the site is commercial — Diamond Jim's — which one could argue is an eyesore. That site is probably zoned commercial. Whatever Council's concern is over the bluff will be taken care of by whatever Lilydale does in the next 20 years at that site. Councilmember Duggan has asked OPUS to huddle on different ways to do this. His argument to take out eight units would cost $4 million. They have already removed two townhomes. The nearby residents would like single family homes, but the simple fact is that Ecolab is looking for the best price for its property and it will not be single family homes. It will be this type of development or an office complex. wants to maximize the sale price of this land, and it will never be maximized with 20 single family homes. He thinks residential is the best solution for the site and that this is a reasonable proposal from a very quality development. He would hate to lose this opportunity to an office development with a parking ramp that does not need any city planning approvals. To minimize the need for critical area permits, the buildings would be right by the homes that Council is concerned about. Councilmember Duggan stated that Councilmember Vitelli raised the issue of the skyline at the last meeting. When the photos are placed side by side to see the impact of and the proposed building B, one does not see the horizon anymore with the new building. He did not think that lowering building B only and adding the two townhomes back is an unreasonable approach except for finances. Mayor Huber stated that his issue has always been building B. Because of the denseness of the woods and the Page 27 of 34 June 21, 2005 orientation of building A, it is not the same. He is not concerned about building A and is not concerned about the density. A willingness to keep working the issue and spending time on it should not be viewed as a rejection of all options. It is something he is still concerned about. The building is going up 51 feet because of the ten feet of added fill. He does not know how to get around that. Councilmember Duggan agreed. The concern is to address the concerns of the three people on Cherry Hill who have enjoyed views that will e gone. He stated that he wants to know what else OPUS can do. Councilmember Vitelli asked if Council knows the history of why the homes that back up to this have a lot of tree cover and the Schwabs do not. Mayor Huber stated that the issue is that a few trees will not screen Building B. Councilmember Krebsbach stated that Mendota Heights has always preserved the bluff. Council never voted on the Pilot Knob project. She felt that condomini-Luns would be the best on that site in order to leave open space for other kinds of development. She asked staff to determine what implications a project of this scale and multi family would have on the undeveloped lots on the bluffs in Mendota Heights. Mr. Menke stated that he does not know if there can be a conclusion this evening on what can work. OPUS made the changes Council requested, and it is frustrating not to get a commitment. He will have to huddle with his team and look for some further direction from Council and staff. Co-uncilmember Duggan moved to table discussion. Councilmember Krebsbach seconded the motion. Councilmember Vitelli asked if Council is asking OPUS to do anything before the next meeting. Mayor Huber stated that the height/massiveness is the issue and he does not know what more to tell OPUS. They will have to process that. Council will also have to think about long range issues and what could possibly develop on this site. Page 28 of 34 June 21, 2005 Councilmember Duggan stated that if OPUS comes back in two weeks with the same density and building B lowered, he would support it. If they come back with 114 units and a lower building, he would vote for it. Mr. Menke responded that if OPUS solves the massiveness issue, a greater impervious surface percentage would be needed. Mayor Huber responded that the building mass/density is bothering Council and if that can be solved, Council should consider a higher impervious surface and look at the setbacks. Mr. Menke stated that what he has heard from Council is the desire to see some improvement to the massing of building B, and to the extent that he can maintain the density, he will huddle with his team and make some determinations. Mayor Huber stated that he has heard many comments from the community that they want this project. Councilmember Krebsbach stated that OPUS could move the buildings further into the center to create more of a sense of space outside of the development. A primary concern of hers is the implications of this on the bluffs in Mendota Heights and she has asked staff to respond to that. She stated that the plan was fully developed before they came to Council the first time. Responding to the suggestion from Coimcilmember Duggan that the condominium building be reduced to two stories, Mr. Sachs suggested that OPUS remove six units from building B and add three twin home units to replace them. Mr. Menke reviewed the first concept plan that showed a single condominium building. He stated that eliminating one floor from Building B and putting in five more twin home units may work. If that is a partial compromise the neighbors would accept and OPUS is able to preserve density, he can test it. Mr. David Bergstrom, from Ecolab stated that he has been in this process from the beginning. Ecolab feels like they have been good neighbors and when they started this process, they wanted to continue that by finding the group they thought VOTE ON MOTION: Ayes: 5 Nays: 0 RECESS PROPERTY MAINTENANCE ORDINANCE Ayes: 5 Nays: 0 Page 29 of 34 June 21, 2005 was best for Mendota Heights. Ecolab had four firm offers for the property. Ecolab did look at expanding on the site but it did not make good economic sense. They came to the city before talking to OPUS to get input from the city. The city gave them some direction on what they thought might work. It is a hard site to build on. Mayor Huber responded that Ecolab has been a good neighbor. Council is trying to get what is best for everyone, and that sometimes takes time. Mayor Huber called a recess at 11:00 p.m. The meeting was reconvened at 11:05 p.m. Council acknowledged a memo and proposed zoning ordinance amendment for property maintenance from Assistant Hollister. Councilmember Vitelli stated that Council needs to make sure they do not waste staff time, after this is made into an ordinance, enforcing something that may not be enforceable in the end. Councilmember Krebsbach stated that she spoke to Code Enforcement Officer Gill today and she thinks it is important to la-low what the code enforcement officers think is enforceable. Mayor Huber stated that he is concerned about enforcement, especially over the requirement that trash bins be kept in the garage. Attorney Schleck suggested that Council submit their comments to staff for compilation and discussion by the entire Council. Councilmember Vitelli moved to table discussion to the next regular meeting. Councilmember Schneeman seconded the motion. Page 30 of 34 June 21, 2005 NEXTEL Council acknowledged a memo from Administrator Danielson in response to a request from Nextel Communications to increase the height of the city's radio tower at City Hall and co-locate their antenna on it. Administrator Danielson informed Council that staff was recently contacted by Nextel. They have a need to improve their service in this area and noticed that the city has an antenna at City Hall and asked about raising that antenna. They met with staff, and staff thinks it could be acceptable. Mr. Larry Coleman, from FMHC on behalf of Nextel, stated that there is a hole in the coverage from the Mendota Bridge to where T.H. 110 intersects with 1-3 5E. He met with the city planner and staff and discussed co-locating with the police antenna, but that pole is not strong enough or high enough for the Nextel equipment. Nextel would like to replace that pole and would donate that to the city for continued future use. One think Nextel would need prior to going forward with construction designs is someone from the city signing off on the site plan. That would not be binding, but would indicate to Nextel's engineers that it is acceptable to the city. He would then meet with the planning staff to make sure everything complies with the codes. He proposed that the rent be $ 1,000 per month. Councilmember Vitelli responded that Nextel should be thinking $3,000 per month. He does not see any benefit to the city. The city receives $2,300 to $2,500 per month from Nextel's competitors and $ 1,000 per month is an insult to the city. Mr. Coleman responded that this is a very low pole and is not comparable to the water tower. Councilmember Duggan asked if there will be any impact on this antenna when the city goes to 800 MHz. Administrator Danielson responded that the antenna is used for the police department's internal communications, not 800 MHz. The county is looking at sighting antennas for 800 MHz. Councilmember Vitelli asked how the city can defend $2,300 per month when lease renewals are tip on the other leases, if Council approves $ 1,000 per month for Nextel. Page 31 of 34 June 21, 2005 Councilmember Kxebsbach stated that one of the things she learned at a national conference she attended was that when firms put up poles in a city, the city should be sure they are required by ordinance to take them down in the future so that the city is not stuck with removal. She agreed that the city should require $2,300 per month from Nextel. Mr. Coleman stated that coverage from a 150 feet water tower is worth a lot more than a 75 foot pole. He stated that he does not have the authority to go higher than $ 1,000. He would be happy to take it back to Nextel to see if they would approve it or tell him to go elsewhere. Councilmember Vitelli moved to respond to Nextel that if they are willing to pay $2,300 per month as an absolute minimum, Council would consider the request. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PARK IMPROVEMENTS Council acknowledged a memo from Operations and Projects Coordinator Kullander regarding proposed play structure improvements at Valley View Heights Park and Mendakota Park. Mr. Kullander informed Council that the Parks and Recreation Commission recently looked at the projects they would like to construct in 2006 to get them into the budget. They reviewed two concept plans for improvements at Mendakota and Valley View Heights parks. They propose to purchase a space net for Mendakota Park. The equipment is more expensive than the commission would normally look at for the parks, but they thought it would be a real draw for the park. For Valley View, they propose to use some of the elements that were removed from Marie Park this year and refurbish them and replace the existing wood timber equipment that was installed in the park in 1988. The estimated cost for the improvements to the two parks fits within the amount the commission budgeted in its five year plan. The commission is asking Council to authorize going ahead. Mayor Huber stated that he is okay with Valley View Heights but he is not sure about the space net. Page 32 of 34 June 21, 2005 Mr. Kullander responded that the space net is from the same manufacturer as what the school district is putting in at Somerset School. The one that is proposed is a bit larger, costing $23,500. Councilmember Schneeman stated that she would like the commission and Council to take a tour of all of the parks and trails this fall and look at the condition of everything. She would like to wait and see how the new play structure goes at Somerset before considering one for Mendakota Park. She stated that she is in favor of the Valley View Heights park improvements. Councilmember Vitelli stated that he supports Valley View Heights but does not support $50,000 for the space net at Mendakota. The other concern he has is that the Mendakota proposal displaces Ivy Hills Park, and he would prefer to have Ivy Hills taken care of. Councilmember Duggan asked if the city has received any park contribution from the Village at Mendota Heights yet. Mr. Kullander responded that all of the park contribution will go towards ftinding improvements at Town Center. Finance Officer Schabacker stated that the city has received some park contributions from the Village at Mendota Heights. They are received as the building permits are issued, and $70,000 has been received to date. The $216,000 park contribution for the project is to be used for trails, etc., in Town Center. Councilmember Duggan stated that he likes the idea of the equipment that is being proposed for Mendakota. Councilmember Krebsbach stated that she would hold off because of the cost and would like to be sure it passes the safety test. FIFTIETH ANNIVERSARY Councilmember Duggan gave Council a brief -update on plans for the 50"' Anniversary celebration. COUNCIL COMMENTS Councilmember Schneeman thanked the Mayor, Council, city staff and commissioners for their energy and commitment to the city's government. There have been many major decisions to be made in the past few years and Page 33 of 34 June 21, 2005 not one member of Council has cast a vote without a great deal of investigation and thought. She stated that Council works well together on the major issues and while there is not always agreement, Council does well on consensus. There is so much divisiveness in politics now that it is wonderful to work so well together. Councilmember Vitelli agreed, stating that the good thing with this Council is that while Council members sometimes disagree it never becomes personal. Mayor Huber informed Council that he, Councilmember Duggan and Administrator Danielson went to the MAC meeting yesterday and the full MAC approved the 090 headings and now it will go to the FAA. Councilmember Krebsbach responded that this is the first concession MAC has made to Mendota Heights. Mayor Huber stated that he received a call around 3:00 this afternoon from someone at MAC who stated that Air France is buying KLM and Northwest Airlines is looking for an anti- trust exemption to be able to get into a global alliance. They want Mendota Heights to support a Northwest Airlines antitrust exemption and they need to know tomorrow. He told them the city would not support it, and that there is no way he would bring it to Council on three hours' notice. Councilmember Duggan suggested that the city ask Glen Toro to do a right turn cut from Delaware onto Huber at the same time as the Delaware/T.H. 110 improvements are done. He asked staff to contact the developer to ask when he has plans to make the cut. Councilmember Duggan informed Council that someone contacted him to ask if the city would consider widening Victoria Curve because of the danger related to all the traffic to the Synagogue during the holy days and weekends and all of the parking on the street. City Attorney Schleck informed Council that the city was successful and the Minnesota Supreme Court denied the Allen appeal on the Pilot Knob site. ADJOURN There being no further business to come before Council, Couiicilmember Vitelli moved to adjourn the meeting. Page 34 of 34 June 21, 2005 Councilmember Sch-neeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:45 p.m. Kathleen M. Swanson City Clerk ATTEST: John J. Mayor