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2005-04-05 City Council minutesPage No. I April 5, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 5, 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, Councilmembers Krebsbach, Schneeman and Vitelli. Councilmember Duggan had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Ayes: 4 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on March 15, 2005. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 6a, Parks and Recreation Commission minutes, 6k, of home occupation permit, and 6m, building permit extension, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the March 30, 2005 Planning Commission Meeting. b. Acknowledgement of the NDC4 Meeting Minutes and Agenda. c. Acknowledgement of the March 2005 Building Activity Report. d. Acceptance of the resignation of Police Officer Yvette Tillery and authorization to complete the process to hire a new officer. Page No. 2 April 5, 2005 e. Acceptance of the resignation of Police Officer Lee Flandrich, conditioned upon execution of a termination agreement, and authorization to complete the process to hire a new officer. f. Authorization for Chief Aschenbrener to attend a Chief Executive Officer Safe School Forum in Alexandria, Virginia, with transportation, food and lodging funded by the National Center for Missing and Exploited Children. g. Authorization for staff to request MnDOT to perform a speed study on Dodd Road (TH 149) from TH 110 to Marie Avenue. h. Authorization for the Fire Department to apply for a Federal Grant to assist in the -updating of the SCBA system. i. Authorization for Mayor to sign the first amendment to the lease agreement with Cingular Wireless for the former ATT antenna tower. j. Approval of a temporary liquor license for Beth Jacob Synagogue. k. Approval of an exterior door change at 1080 Highway #110 — Super America Station/Store. 1. Approval of a temporary 18 square foot real estate sign and a 15 square foot real estate sign for 1385 Mendota Heights Road. in. Adoption of Resolution No. 05-18, "A RESOLUTION DENYING A 20-FOOT REAR YARD SETBACK VARIANCE FOR A NEW HOME FOR ROBERT ALVAREZ AT 1167 DODD ROAD." n. Adoption of Resolution No. 05-19, "RESOLUTION AUTHORIZING CONTRACT LANGUAGE CHANGES FOR MASTER LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES COVERING CALENDAR YEAR 2005." o. Approval of the list of contractor licenses dated April 5, 2005. p. Approval of the list of claims dated April 5, 2005 and totaling $220,126.60. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 COMMISSION MINUTES Council briefly discussed the minutes of the March 8, 2005 Parks and Recreation Commission Meeting. Councilmember Schneeman moved to acknowledge the minutes of the March 8, 2005 Parks and Recreation Commission meeting. Coiincilinember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Page No. 3 April 5, 2005 HOME OCCUPATION Council acknowledged a request from Mr. Carlos Higueros to allow a home occupation to allow him to wholesale cars out of his home at 961 Delaware Avenue, along with an associated staff report. Mayor Huber suggested that Council table the matter to allow time to get a legal opinion on what kind of leverage the city would have. Councilmember Vitelli agreed, stating that the city has lots of problems enforcing some ordinances and he was concerned about opening the door to car sales. Councilmember Schneeman moved to table discussion to April 19. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 BUILDING PERMIT Council acknowledged a memo from Code Enforcement Officer Gill EXTENSION regarding a request from Mr. Ronald Kammueller for a one year extension of a building permit for 1250 Dodd Road. Councilmember Vitelli stated that building permits have time limits for a reason, and this is the third request for an extension. He felt that Council should only grant an extension to October I or Council would be beginning to be remiss with the neighbors. Councilmember Vitelli moved to grant a building permit extension to October 1, 2005. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 METRO TRANSIT Council acknowledged a memo from Administrator Danielson regarding a presentation by the Metropolitan Transit Commission on transit service reductions. Ms. Arlene McCarthy was present on behalf of the MTC. Ms. McCarthy informed Council that the Commission is proposing route reductions because it is facing an approximate $60 million shortfall, partly due to the increase in fuel and rising health care costs. A major funding source is the motor vehicle sales tax, which is a volatile funding source and revenues have dropped. They looked at the routes that had the lowest ridership and highest cost subsidies per passenger and then looked at geographical branches, times of day, etc., that have lower ridership. They also looked at restructuring some routes, including combining two adjacent routes. The MTC Page No. 4 April 5, 2005 plan is for an overall reduction of 10 %, which would result in 2.5 million fewer rides on an annual basis (3.7% fewer rides overall). Metro Mobility is also being reduced and the DARTS will have a 10% reduction to its budget in this proposal. A $.25 fare increase is proposed across the board. From April 12 through April 20, the MTC will be holding seven public hearings to solicit public comments and people are also encouraged to comment by mail. After the public hearings, the MTC will go back to the Metropolitan Council with a plan. Service cuts that are approved will probably be implemented in two phases, September and December. There are alternate services available, including DARTS and other dial -a- rides, but they are not as convenient, or people will need to go farther to get to a bus. Ms. McCarthy described the routes and service reductions in Mendota Heights. Route 75D, fiom downtown St. Paul through West St. Paul and into Mendota Heights to Parkview Plaza has 8 northbound and 7 southbound rush hour trips. The daily ridership on the Mendota Heights portion of the route is estimated at 20 rides (10 people both ways). The total D branch is proposed to be eliminated. Councilmember Krebsbach stated that she received calls from people j in West St. Paul who are concerned about how the reductions would affect them. She pointed out that housing is being constructed at Dodd Road and T.H. 110, which will likely make more ridership, and that should be considered. Councilmember Schneeman asked Ms. McCarthy to describe the DARTS dial -a -ride service. Ms. McCarthy responded that the Metropolitan Council funds and provides oversight for all of the community based dial a rides, so DARTS is streamlined towards the Metropolitan Council rather than Metro Transit. DARTS provides rides for anyone who calls them, but the market is targeted towards seniors or people who have no other option. She stated that there is limited capacity, and people have to make reservations ahead of time - people would have to call every day for a ride and it would not be convenient for someone going to work daily. Councilmember Krebsbach asked if there would be service available on the weekends. Ms. McCarthy responded that the D branch would be eliminated entirely, but there would be some service on Route 75. Page No. 5 April 5, 2005 Councilmember Vitelli stated that the last segment in Mendota Heights, the 20 rides are probably from senior citizens from Park Plaza. He stated that there is a major development underway to the north on Dodd that has 60 units of senior housing and there is no bus service now. As Council planned that development, they made sure there is room for a bus turn around. In addition to the 60 senior housing units, there are another 60 to 80 residential units and retail is being built there. MTC could drop the route now and in six months there could be a big change in what the ridership would look like. Ms. McCarthy responded that Council should submit their comments to the Metropolitan Council and cite the information on the potential for increased ridership in the near term. She stated that the Metropolitan Council views this as a short term, two-year solution. Councilmember Vitelli suggested that staff put together a statement of facts and timing for the Town Center development that can be submitted to the Metropolitan Council. Councilmember Krebsbach stated that part of the whole Town Center package was that there would be transit. Councilmember Schneeman stated that she is concerned about the route that goes to the Mall of America, because the ridership from there is mostly Brown College. The city is having a terrible time with Brown College parking now, and transit service reduction will just add to that problem. Ms. McCarthy responded that Route 415 averages 66 rides per day, and the majority are coming from the Mall of America. About 50 of those rides are coming from the mall to Brown College. Minnesota Valley Transit Agency (MVTA) route 446, which operates over a larger span of the day, is an alternate that is available but it is a little less convenient. It comes from the light rail station, so someone would have to catch the bus there and come south. The service is hourly all day long and would take riders to a stop about two blocks from Brown. Route 415 is proposed to be eliminated. Route 417 will also be eliminated. The route is only two trips a day and only week days. The route travels from Mendota Heights Road/Dodd, then north on Dodd, west on Wagon Wheel, north on Lexington to Marie, then Marie to Dodd and north to Smith. The fourth route is the 452. They propose to eliminate two a.m. trips and two p.m. trips, and that would leave two a.m. trips and two p.m. trips. The proposed plan will be modified based on comments received, so it is Page No. 6 April 5, 2005 very important for Council and the residents to give the MTC specific comments. Responding to a question from Colulcilmember Krebsbach, Ms. McCarthy stated that the routes that will remain are Route 452 and the MVTA route 446. Mayor Huber asked if the MTC has a position on no parking or permit parking that St. Paul employees. There have been a number of side streets along Cretin where they put in no parking. He stated that he is sure that was done to keep people from parking there to take the 134 bus route. Ms. McCarthy responded that the MTC works with the individual cities. There are pros and cons with permit parking, and it is a city decision. Mayor Huber stated that when MTC cuts routes like this, they will force people to park in front of other people's houses. He asked if the MTC will get any of the funds that the governor proposes to transfer to transit after the next gubernatorial election. Ms. McCarthy responded that there is a definite transit component and there are various plans for funding sources. She could not guess what the outcome will be. The Metropolitan Council is counting on help from the state in the short term. Mayor Huber asked if Ms. McCarthy has made Brown College aware of the proposed transit changes. He stated that either Ms. McCarthy or the city can contact Brown but that he would prefer that the MTC do it and copy the correspondence to the city. Ms. McCarthy responded that they have been notified by general publication only. If MTC contacted Brown it would put MTC in the awkward position of having to do the same for all the other colleges and schools that will be affected. Mayor Huber directed staff to send a letter to Brown. Mr. Gary Conley, a West St. Paul resident, stated that he grew up in Chicago and they had a great transit system. The MTC wants to increase ridership but you cannot do that if you keep cutting routes. The only option he has is to start driving. Under the proposed cuts, he would have to walk 1.5 miles to get to a bus stop. The Metropolitan Council is doing itself a disservice and they are setting Page No. 7 April 5, 2005 a bad trend by teaching people not to ride the bus. He did not believe the MTC will bring the service back in a couple of years. Mr. John Volk, also a West St. Paul resident, stated that he rides the bus a lot. It is a very complex system and they have a lot of problems, and he questioned whether an appointed Metropolitan Council is competent to run such a complex system. Councilmember Vitelli stated that Business 101 would say that the way to grow a business is not to cut service and raise costs. That is a death spiral for the bus system. Councilmember K rebsbach stated that she works for St. Paul College and knows that students there have drop programs because they don't have transit available. With the price of gas rising, people will be wanting to ride the bus more rather than less. Council directed Administrator Danielson to prepare a letter to the MTC expressing the city's concerns, and to copy the letter to the city's Metropolitan Council representative, Representative Hanson, Senator Metzen and County Commissioner Egan. BEARING: 2005 STREET Mayor Huber opened the meeting for the purpose of a public hearing IMPROVEMENTS on proposed street construction and rehabilitation projects for 2005. Council acknowledged an associated memo from Engineer McDermott. Council also acknowledged letters from Ms. Millicent Borman, 638 Ivy Falls Avenue, W.G. Wolston, 648 Sunset Lane and the Dodge Nature Center regarding the proposed improvements. Engineer McDermott explained that the purpose of the hearing is to provide information regarding the proposed street improvement projects and determine whether to take the next step to order the improvements. The following streets are proposed for total reconstruction: Ivy Falls Avenue, Sunset Lane and Dodge Lane. The following streets are proposed for rehabilitation: Ivy Hill Drive, Maple Park Drive and Ridgewood Lane. The reconstruction project will include installation of concrete curb and gutter, an aggregate base, storm sewer, bituminous surfacing and a 27 foot street width. The affected streets are currently 24 to 27 feet wide. The sanitary sewer lines will also be televised and repaired as necessary. The streets in the rehabilitation project will receive a two inch bituminous overlay. The total estimated cost for the projects is $848,400. Staff proposes to assess $285,000 and fund the remaining Page No. 8 April 5, 2005 $562,800 through the tax levy. The estimated assessment units are: Sunset Lane, $6,860, Ivy Falls Avenue, $5,530, Dodge Lane, $15,460, Ridgewood Drive, $2,250, and Ivy Hill/Maple Park Drive, $1,105 for a single family unit and $610 per townhouse unit. Staff held a public informational meeting last week. The residents of Ivy Falls Avenue expressed concerns about cut through traffic and speeds and are concerned speeders will increase. One of the home owners on Sunset Lane owns a vacant lot and would like to defer that assessment until the lot develops. Dodge Nature Center also asked for a deferment until such time as they have an access. If the projects are ordered in, staff would open bids mid-June and begin construction July 1, with completion scheduled for September. Mayor Huber asked what thoughts staff has about the Ivy Falls Avenue resident concerns about traffic calming. Engineer McDermott responded that typically when curb and gutter is installed it tends to channelize the street and provide traffic calming. Staff can look at other alternatives if Council desires. She thinks bump outs would be difficult because of the angle of the intersection of Ivy Falls and Dodd. Councilmember Krebsbach asked why the assessments are a little higher than past projects. Engineer McDermott responded that costs have increased, and also, part of last year's funding was by state aid. Councilmember Vitelli stated that Ivy Falls Drive and Maple Park Drive could be considered major connections between Highway 13 and Dodd Road and wondered if they would be eligible for state aid funds. Engineer McDermott stated that in order for streets to be eligible to be designated as MSA streets, they must physically intersect with a major thoroughfare. Councilmember Krebsbach felt that the Ivy Falls Avenue assessments seem to be high given the number of lots. Co-uricilmember Schneeman stated that Ivy Falls Avenue will not be widened very much, and just the fact that the street is not so wide might help slow traffic. Mayor Huber asked for questions and comment from the audience. Page No. 9 April 5, 2005 Mr. Patrick Moran, 508 Dodge Lane, stated that without a curb on either side now, cars come onto Dodge Lane and turn around in his yard or drive over his berm, causing damage. He has experienced vandalism to the mailboxes. There is a lot of nuisance traffic on Dodge. His concern over curbs without any other amenities is that will force the would be turn-arounds to come up his driveway. He has an alarm system embedded in his driveway and the alarm system will go off. People will either be forced into his driveway or his neighbor's and they will probably not go down to the turn around. He asked if the east end can be widened to provide a turnaround space. There is a fire hydrant on the north side of Dodd Lane. He mows the weeds there to keep the hydrant open, and his neighbor mows the area for aesthetic reasons. They will not be able to mow there with their tractors after the curb is installed. Engineer McDermott stated that Dodge Nature Center would like a deferment until there is an access, but he would very much oppose Dodge Nature Center having access off Dodge Lane because that would bring many busloads of students down Dodge Lane. Engineer McDermott responded that she does not believe the nature center has any plans at this time to create access. If they did, she believes it would just be a service road and not a major access. She stated that she is not sure if there is enough right-of-way to build a turnaround but could look at providing a hammerhead or some kind of a curb cut. Mr. Moran stated that the four home owners on Dodge have another concern. As they leave Dodge to go to Delaware, they cannot see the traffic coming up from the south on Delaware. He contacted the county and was told they will not be doing anything at this time. If the county is reconstructing the intersection, he would think they could remove the dip on Delaware just south of Dodge Lane at the same time. Engineer McDermott responded that she does not believe that issue will be addressed by the county. They are just adding tam lanes and the signal. Mr. Jim Buchanan, Ivy Falls Avenue, stated that he is concerned about the possibility that the street improvements will lead to more traffic and higher speed. Responding to a question from Councilmember Krebsbach, he stated that he would not have a problem with speed bumps. He stated that he feels one of the reasons the street deteriorated as much as it did is because of all of the construction equipment coming in when Ivy Falls Creek was Page No. 10 April 5, 2005 improved a few years ago. His street is used by many people who do not live there versus the other streets proposed to be redone. His $5,000 assessment versus the improvement cost is only a savings of $530. If one looks at the differences between the estimated assessment on Sunset Lane, they have a savings of $1,680. There is a higher city subsidy for that street where they do not have extra traffic. Dodge is being subsidized almost $8,000 even though it only serves the people who live on it. His street deteriorated because of the construction traffic from the creek project and it is used by many people in the community. Mayor Huber stated that he is not a fan of speed bumps and would not support them. Coumcilmember Vitelli asked why there is a difference in the recommended assessment versus the normal city formula and why it is not all the same. He also asked why not make the reduction from the normal assessment the same. Engineer McDermott responded that staff looked at the last few years' assessments of $3,900 and felt that $5,000 would be more appropriate. Staff was trying to make the assessment the same because they are all getting the essentially the same improvements. On Dodge, with the north side of the street not being assessable, the city needs to pick up that portion of the project cost. Councilmember Krebsbach asked if one of the streets were removed from the project, what affect that would have. Engineer McDermott responded that the larger the project, the better prices the city receives, and the improvement of the removed street would be put off to another year. Mayor Huber stated that in previous years, the city has fallen into a trap where the city is eating up more of the cost. As the costs go up, the city has tried to keep the assessment similar to previous assessments. Engineer McDermott stated that in the city she used to work for, assessments were upwards of $8,000 for street improvements and $13,000 for gravel roads. Mr. Duane Strandberg, 646 Sunset Lane, stated that he does know what curbs will do for the people on Sunset Lane. There is a ditch and the water runs down the hill and the owners get along fine. Just Page No. I I April 5, 2005 paving and smoothing the road would be fine, but he fails to see the need for making it a city street. The lots are about 150 feet wide and there are only 14 houses on the whole street and it is a dead end. He did not think the city needs to spend the money that is being talked about. Mayor Huber responded that the curb issue from a city policy standpoint is a carrot and stick. The policy says that if people go to curb and gutter, the city will pick tip 2/3 of the cost and let people pay their assessments back over 20 years. If only reconstruction is done without curb and gutter, the residents have to pay the total cost and pay it back over ten years. When people hear that they say the city may as well do the whole thing. When curb and gutter is done, more of the cost is spread over the entire city. If people do not want curb and gutter, 100% of the cost is assessed. Mr. Michael Mullally, 639 Sunset Lane, stated that every time it rains he scoops up a five gallon bucket of sand. He has had people from the city tell him Sunset is one of the worst in the city and has to be done. The cost will only go up over time. A couple of years ago, the cost would have been $2,800. If it isn't done now, it will cost quite a bit more. He is in favor of the project. Mr. Mike Curran, 662 Maple Park Drive, stated that if the project extended from a major highway like Dodd to Highway 13 it would be eligible for state funding. He asked if the city has considered extending it all the way through Sylvandale to make it eligible for state funding. He stated that Maple Park will just be reconstructed and asked if the curbs will be repaired. He stated that the curbs are in bad shape. He asked if someone would be assessed more if the curb in front of their house is repaired. He stated that he just got back from Mexico and there were speed bumps all over and it was very peaceful. Mayor Huber responded that Ivy Falls Avenue is not a street that goes all the way to T.H. 13, so it would not qualify for state aid. Engineer McDermott stated to all of the cracked curb will be replaced and the individual assessments will not go up. Ms. Carol Lampman, Ivy Falls Avenue, stated that in talking to her neighbors, she thought it was interesting that after last week's meeting most of them came away with the idea that this is a done deal. There wasn't a question of whether they could do anything Page No. 12 April 5, 2005 about it. She did not know people can petition. She felt that is why there are not a lot more people from her street here tonight. Mayor Huber responded that this project is unique because there are a number of divergent streets. Typically, entire neighborhoods have the improvements. For most projects, when the city has a hearing there are people who have questions or unique issues of concern. Once in a while there is a neighborhood that does not want an improvement and it is delayed. Sooner or later a project gets done. When roads get really bad, there is increased maintenance and the whole city has to take care of the maintenance costs. People can oppose projects, but the reality is that streets need to be fixed sooner or later. Ms. Lampman stated that she feels some of her neighbors are not happy with the project or don't want it done now but didn't know they could do anything about it. Councilinember Krebsbach stated that if people feel they weren't informed, Council could delay a decision to the next meeting. Ms. Roxanne Buchanan, Ivy Falls Avenue, stated that Ivy Falls is being assessed more than the other street if one looks at the raw numbers, and Ivy Falls is a major thoroughfare. She asked Council to look whether Ivy Falls Avenue can be assessed differently. Mr. Curran stated that he does not think the Sunset Lane homeowners felt at the informational meeting that this is a done deal. Mayor Huber stated that sometimes people get a petition going to oppose a project. In terms of the noise and dust, the reality is that it will not be a fun summer when someone's road is fixed. The city tries to make sure the neighbors are kept informed on what is going on. Councilmember Schneeman stated that she lives in Cherry Hills and her neighborhood went through this for many years. It took a while before the neighborhood got new streets, but when they did it was a pleasant experience. After it was all done, the majority of people in the neighborhood started putting on additions and fixing their homes and it looks much better. Also, the price of the houses has gone up. Mayor Huber informed the audience that if they have any questions, they should contact Engineer McDermott. He stated that he does not sense a lot of opposition to the projects. Ayes: 3 Nays: 1 Krebsbach Page No. 13 April 5, 2005 Engineer McDermott stated that staff held neighborhood meetings and she also told people to come to this evening's meeting with their comments or to write a letter to Council. Councilmember Krebsbach stated that there have been a lot of street reconstruction and sometimes Council has gone through a lot of public hearings. She did not see any problem with leaving the hearing open for two weeks to make sure that everyone who has a concern has expressed it. Councilmember Schneeman moved to close the hearing. Councilmember Vitelli seconded the motion. Councilmember Vitelli stated that a number of comments have been made this evening, such as the turn around on Dodge Lane and the concerns about traffic calming, and perhaps the City Engineer should consider a few changes before Council orders the improvements. Mayor Huber suggested that Engineer McDermott look at the issues on Dodge Lane and think about traffic calming. Engineer McDermott stated that she does not like speed bumps. They are a problem for plowing. Other cities, like Burnsville, have a formal process in which they place temporary speed bumps for a period of time and then if people want to pay for installation after that, they can do so, but most often they do not want them. She stated that, with respect to the Dodge Lane turn around, she can look at that during the detail design. Mayor Huber stated that just because Council orders in the project does not mean that the city cannot look at the issues that have been raised. He is concerned that it is getting late in the year and he does not to wait so long that the contractors are not looking for work and raise their bids. Engineer McDermott stated that once the plans are getting finalized, staff can hold another informational meeting for the Ivy Falls residents. Councilmember Vitelli moved adoption of Resolution No. 05 -20, "RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS ON DODGE LANE, SUNSET LANE, IVY Page No. 14 April 5, 2005 FALLS AVENUE, RIDGEWOOD DRIVE, IVY HILL DRIVE, AND MAPLE PARK DRIVE," with direction to staff to further consider the issues that have been raised when they are preparing the plans and specifications. Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated that she would like staff to take a look at the assessments on Ivy Falls Avenue based on some of the comments this evening. Ayes: 4 Nays: 0 CASE NO. 05-09, CHAPMAN Council acknowledged an application from Mr. Richard Chapman, for a wetlands permit for a pool fence at 614 Hidden Creek Trail. Council also acknowledged associated staff reports. Assistant Hollister reviewed the application and the history for Council. Mr. Chapman appeared before the Planning Commission in March and both the Commission and the city planner recommended approval, provided the fence stay out of the scenic easement area. Mr. Chapman has had his property resurveyed since that meeting and is confident the fence will not encroach into the scenic easement. Councilmember Vitelli moved adoption of Resolution No. 05-21, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A FIVE-FOOT HIGH WROGHT IRON POOL FENCE AT 614 HIDDEN CREEK TRAIL," with the condition that the fence be located out of the scenic easement area as indicated on the survey dated September 22, 2003 and submitted to Council on April 5, 2005. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 05-10, WEIKERT Couticil acknowledged an application from Mr. Kevin Courtney for a conditional use permit and variance to allow modification to a detached garage at 1737 Delaware Avenue for Mr. John Weikert. Council also acknowledged associated staff reports. Assistant Hollister stated that Mr. Weikert would like to do some interior remodeling to his detached garage that includes finishing off the second level space, adding an interior stairway and exterior porch and installing new siding and roofing. A conditional use permit is required because it is a modification to a detached garage that is an existing non-conforming structure. The city planner feels it needs a Page No. 15 April 5, 2005 variance because of its size. The ordinance limits detached garages to 750 square feet, and the garage is already 1,009 square feet and the applicant proposes to finish off another 489 square feet on the upper level. The Planning Commission discussed both the conditional use permit and the variance and agreed on the conditional use permit with the planner but did not agree that a variance is needed. Staff has submitted a proposed resolution approving the conditional use permit, which includes a finding that a variance is not needed. Councilmember Krebsbach asked how this compares to the Joe Card garage. Assistant Hollister responded that in that case, he added a second story to the existing garage. The issue had to do with the height of the garage. This is not a height issue. Planner Grittman felt if you have a garage that is 1,009 square feet and you are finishing another 489 square feet, you are adding space to the garage. The commission felt that space already exists whether it is finished or not and he is not adding anything to the garage, so no variance is required. There was considerable discussion about fire safety and fire access, and the commission decided to let the Fire Marshal handle that. They discussed whether to place a condition in the resolution saying it was conditioned on approval by the fire department but decided not to because any building permit is contingent on meeting all codes. Councilmember Vitelli moved adoption of Resolution No. 05-22, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE MODIFICATION AT 1737 DELAWARE AVENUE." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Mr. Courtney asked that Council authorize refunding the variance application fee since a variance is not required. Councilmember Vitelli moved to authorize refund of the variance application fee. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 DELAWARE AVENUE Council acknowledged a memo from Engineer McDermott regarding reconstruction of Delaware Avenue from Dodd Road to Annapolis Street. Page No. 16 April 5, 2005 Engineer McDermott stated that in 2002 Dakota County turned Delaware Avenue back to the city and provided each of the affected cities with $215, 600 for future construction and maintenance. Typically, when the city completes a street reconstruction project, a portion of the cost is assessed against property owners. That requires that the city follow Chapter 429 regulations which include public hearings. Since the street is located in two cities, everything will have to be coordinated with West St. Paul. Staff is currently completing 2004 projects and starting 2005 projects, and West St. Paul is currently without a city engineer. It was her understanding that West St. Paul was going to take the lead on this project, but due to the fact that they are short staffed, they indicated they would like Mendota Heights to take the lead. Council could direct staff to proceed, but she does not foresee construction taking place until next year. Mayor Huber stated that using MSA funds would have a dramatic impact on this area. Engineer McDermott responded that with the traffic on that street, MSA would allow parking on one side and would require a 38 foot street width. West St. Paul looked into this and had been talking about reconstruction without using state aid funds. Mayor Huber stated that what complicates this project are the questions like that that need research and the many people who probably will not want the street widened. He did not think it is possible to get this project in this year. Councilmember Krebsbach stated that Decorah was the same and Council asked that it not have to be widened that far. Before Council assumes that is the case, she thinks Council should request a variance. Ms. Pat Cosgrove, a resident in the 900 block of Delaware, stated that she has been calling the county about the road since 2000. That is when everything south of Dodd got completely redone. Two years later everything north of Annapolis got done. Their block has been forgotten. She is glad to hear that Dakota County turned it back to the city. Her neighbors across the street in West St. Paul were told Mendota Heights was going to take the lead. She is here tonight to find out who is going to take the lead. Mayor Huber responded that he spoke to West St. Paul Mayor Zanmiller, who prefers that Mendota Heights take the lead, and Page No. 17 April 5, 2005 Mendota Heights will. There will need to be a joint powers agreement. He asked when a public hearing can be held. Engineer McDermott responded that the hearing could possibly be held before the end of the year. Ms. Cosgrove stated that in the winter of 2004, there was a water main break. This spring there have been two main breaks. If the street is going to be tom up, there should be some coordination with St. Paul Water to fix the water mains. When the last break, occurred, everyone on the West St. Paul side was notified that they were going to shut off the water for certain times, but the Mendota Heights side was not notified. She would like to have the same communication as the West St. Paul residents. Engineer McDermott responded that she has already contacted St. Paul Water about the watermains and they will take a look at it. GOAL SETTING Council acknowledged a memo from Administrator Danielson AND CLOSED SESSION recommending that Council conduct a goal setting session on April 12 from 7:00 a.m. to 9:00 a.m. and then conduct a closed session to discuss threatened slope failure litigation at 9:00 a.m. Councilmember Krebsbach moved to conduct a goal setting session from 7:00 a.m. to 9:00 a.m. on April 12, followed by a closed session with legal counsel to discuss threatened slope failure litigation. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Huber informed Council that the radio committee had a couple of sessions with Eagan and Dakota and the process is on going. He looks forward to having a recommendation back to Council early in June. ADJOURN There being no further business to come before Council, Councilmember Schneeman moved that the meeting be adjourned to closed session with legal counsel for discussion of a potential Minneapolis lawsuit against the MAC. Page No. 18 April 5, 2005 Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:27 p.m. K thleen M. Swanson City Clerk ATTEST: A J"!4 Ine John 6 J. r Mayor