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2001-11-06 City Council minutesPage No. I November 6, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 6, 2001 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following members were present: Mayor Mertensotto, Councilmernbers Schrieeman and Vitelli. Councilmember Dwyer had notified Council that he would be absent. Councilmernber Krebsbach had notified Council that she would be late and arrived at 8:50 p.m. AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Schileeman moved approval of the amended minutes of the regular meeting held on October 16, 2001, Councilmember Vitelli seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to table item 5g (Drug Task Force Agreement) for additional information, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the October 23, 2001 Planning Commission meeting. b. Acla-lowledgment of the Building Activity Report for October. c. Authorization for the issuance of a purchase order to Micro Warehouse for an HP 2200 printer at a cost of $859.90 plus tax and delivery. d. Authorization for the City Administrator to execute a proposal from Braun Intertec for soil tests on the CDA (senior housing) site in the Town Center project. e. Approval of proposals from ProTec for the Phase H environmental review for the Tom Thumb and Oasis parcels, Page No. 2 November 6, 2001 along with authorization for execution of the professional services contracts. f. Authorization for the Mayor to execute an Exclusive Developer Designation Agreement with Ross Feffercorn. g. Approval of CAO 00 -38, critical area permit for garage expansion at 744 Sibley Memorial Highway (Segundo Velasquez). h. Adoption of Resolution No. 01 -68, "RESOLUTION AUTHORIZING LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 2001 STATE DEER HUNTING SEASON." i. Approval of the list of contractor licenses dated November 6, 2001. j. Approval of the List of Claims dated November 6, 2001 and totaling $212,454.55. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 I -35E RAMP CLOSURE Rep. Tim Wilkins was present to discuss the City of Lilydale's concern over the closing of the northbound T.H. 13/I -35E ramp for 22 months during I -35E reconstruction. He informed Council that Lilydale is proposing an alternative that would realign the off -ramp at T.H. 13 to make it a northbound on ramp. Mn/DOT claims there is more traffic getting off at T.H. 13 than coming onto I -35E at that ramp but has committed to take more measurements and come back with more traffic information. Responding to a question from Councilmember Vitelli, he stated that Lilydale fully supports the alternative and understands that motorists who would want to get off I -35E from the south before it crosses the river would have to do so at T.H. 110. Councilmember Schneeman moved to direct the City Administrator to immediately notify the Commissioner of Highways in writing that Council strongly supports Representative Wilkins' suggestion that the I -35E exit ramp northbound to T.H. 13 be closed and that lane be used as the on ramp during constriction and further that Council strongly urges MnDOT to proceed with the engineering and Page No. 3 November 6, 2001 mechanics to accomplish that solution unless they have a better solution. Councilmember Vitelli seconded the motion. Ayes: 3 Nays: 0 Mr. John Fischer, a resident on James Road, stated that every time MnDOT gets involved common sense is the casualty. He stated that he has spoken to his neighbors and others and people do not understand what MnDOT is going to do. Mendota Heights will be far more impacted than Lilydale by the ramp closing. He urged Council to use the strongest possible language in its communication with MnDOT. PUBLIC COMMENTS Mr. Sten Gerfast stated that he wants to raise the issue of conflict of interest because RMF Entities has received money to do planning for Town Center and now has been named the exclusive developer. Mayor Mertensotto responded that RMF Entities is the only contractor who responded to do the preliminary investigating and that Council likes the work Mr. Feffercom is doing and believes he is the individual needed to develop Town Center. Council makes its decisions based on facts. The city has already looked into the question of conflict, and Mr. Feffercorn does not have a conflict. CRIME PREVENTION VIDEO Ms. Jodie Miller, Executive Director of NDC4 was present to congratulate the city and the police department on its presentation in the "Safety Tips from the Mendota Heights Police" video. The video took third place in the National Association of Telecommunications Officers and Advisors conference in September. Ms. Miller presented the third place award Chief Piotraschke. Chief Piotraschke commended Officers Brian Convery and Mario Reyes for their work on the production. HOCKEY ARENA Council acknowledged a memo from Administrator Lindberg regarding formation of a new ice arena task force to consider a joint venture between the city and St. Thomas Academy. Council also acknowledged a letter from Mr. Frank Lang and a resolution from the St. Thomas Academy Board of Directors. Mr. Lang and Mr. Bert McKasy, St. Thomas Academy Board Chairman, were present for the discussion. Mayor Mertensotto stated that St. Thomas should deed the land to the city so that the city finance the facility similar to the way City Hall was financed and transfer the city's interest to a bond holder. A Page No. 4 November 6, 2001 $3.5 million facility would mean that about $300,000 would need to be committed to the bond payment annually. C Mr. Lang responded that he will put together a plan that will deal with that and allow the University of St. Thomas to do advertising. Mayor Mertensotto informed Council that he and Mr. Lang have discussed that a non - profit would operate the arena. They also discussed the city malting a $25,000 commitment to a study on costs, financing, etc., and that St. Thomas would need to commit any extra funding that may be needed for the study. Councilmember Vitelli stated that he is very much in favor of an arena but there are a couple of things he does not follow. He asked about the non - profit that Mayor Mertensotto referenced. Mr. Lang stated that he would like to be able to move forward and study this first. There has not been any research done on a non- profit. Mayor Mertensotto stated that a non - profit should be set up to be in charge of running the arena. The non - profit can accept tax deductible contributions, and the joint powers agreement with St. Thomas will address the ownership. If St. Thomas Academy puts in $1 million in land and the city provides $3 million in financing, the ownership should be 35/65 when the bonds are paid, but in the meantime, the non - profit would run it. $300,000 would come from the top of the revenue to fimd the bonds. Councilmember Krebsbach asked what St. Thomas Academy is committing to the study. Mr. Lang responded that it is not contributing to the study. Councilmember Krebsbach stated that she would need to see some contribution from St. Thomas Academy or University towards the study. She had no doubt that the university participation would help stabilize the project but in terms of the study, there needs to be a contribution. Mr. Lang responded that he wants to put together a professional architectural plan and do a very thorough job. Councilmember Vitelli asked how the hockey arena can be kept out of the political arena if the city spends $25,000 for the study. Page No. 5 November 6, 2001 Mayor Mertensotto responded that the arena would be an amenity for the city like the other recreational facilities. This is an opportunity for the city, and there is no other land available in the city for an arena. Someone will have to put the seed money in. Architectural planning will need to be detailed, and no one will do that for nothing. He stated that he told Mr. Lang the city could offer $25,000. If that is not sufficient, Mr. Land will have to find the balance. Councilmember Krebsbach stated that action not be taken tonight. She appreciated the inclusion of St. Thomas University, but stated that Council must take one step at a time. Council was not informed about the $25,000 commitment before this evening and Council needs time to think about whether it wants to conunit $25,000 to a study. Councilmember Vitelli stated that he supports Councilmember Krebsbach's comments. The $25,000 is a surprise, and he agrees that he would like to take time and talk the matter over with some people. Mayor Mertensotto stated that the St. Thomas Academy board voted unanimously to go forward and work with the city. He did not think Council needs to appoint another committee to work on the issue. Hard facts are needed, and the city would not committing to the arena, just the study. Council could communicate to St. Thomas that it is not even committing to do a study. Mr. Lang stated that this is the first time anyone has gotten St. Thomas University to make a commitment to leaving its facility. Councilmember Vitelli responded that when he talked with Mr. Lang, Mr. Lang never mentioned the $25,000. This is the first time that Council has heard about it, and Mr. Lang needs to do his homework. Mr. McKasy stated that time is of the essence and St. Thomas would appreciate the seed money so that the project can get going. This is possibly some of the best money Mendota has ever put out. He is not here to negotiate anything or to talk terms, just to ask for help with the seed money. Councilmember Krebsbach stated that Mr. McKasy should not confiise support for the hockey arena with support for the $25,000. She did not think it is to much to ask for two weeks to consider that. Page No. 6 November 6, 2001 Council is talking about being prudent with stewardship of the city's money. All she asks is that Council not take action tonight. C Mr. Lang stated that he would like to come away with a positive support for the arena so that he can carry to St. Thomas Academy and St. Thomas University that there is enthusiasm for the project. Mayor Mertensotto responded that Council does not have enough factual information to make that decision, and will not know until the study is done. Mr. Lang stated that all he is asking is if Council is in favor of going forward and doing the analysis. He asked if the city is willing to move forward and authorize the program. The money is not the issue. Councilmember Krebsbach asked why not decide that the city and St. Thomas will split the cost. Mr. Lang responded that he is not trying to negotiate $25,000. It will take some money to make this work. He will talk to the Boards of Directors of St. Thomas Academy and St. Thomas University. That is not why he is here — he is looking for a concept from Council that there is authority to move forward. He will do the studies and if the hinge point is splitting the $25,000, he will take that back to St. Thomas. Councilmember Krebsbach stated that Council does not know the study cost or how it will be paid. Mr. Lang suggested that discussion over the $25,000 stop. He stated that he would like approval to move forward with planning so that he can put together a comprehensive plan for the arena. With that positive vote, he can get people together to help him develop a plan. To do that, he needs an architect to put together a design that he can sell to the city, St. Thomas Academy and St. Thomas University. Councilmember Krebsbach asked what commitment the city would be malting if it voted to authorize St. Thomas to move forward. Mr. Lang responded that Council would not be making any commitment. After that action is taken, there can be discussion over economics. Ayes: 4 Nays: 0 Page No. 7 November 6, 2001 Councilmember Vitelli stated that he can support that the city is excited and encouraged with St. Thomas University's involvement because it commits all the excess ice time and provides a low risk revenue plan. The city will know what the debt service will be so that a reasonable financial plan can be put together and the city will know the risks. He encouraged Mr. Lang to go forward with that plan because it is beneficial to the residents of the city. He stated that he would be very supportive in encouraging Mr. Lang to proceed. Councilmember Krebsbach stated that her interest is for the children of Mendota Heights — that MHAA will be served by the city and that Sibley High School will be served as well. She lilted the stabilizing influence of the University. What she does not want is surprises and that any dollar figure be removed and considered at another time. There is no city commitment to the $25,000 — that must be considered separately. Mayor Mertensotto stated that if the inforination is free, the city will get what it pays for. That is why he believes Council should spend the money to get good solid information on whether this is viable, revenue sources, a needs assessment, etc. He has not problem with committing $25,000 to the study. Councilmember Vitelli moved that Council states enthusiastic support for Mr. Lang to proceed with the development of the feasibility study for the St. Thomas Academy arena with the involvement of the University of St. Thomas and MHAA, and that Council discuss funding at a later date as maybe necessary. Councilmember Schneeman seconded the motion. Councilmember Vitelli asked who the $25,000 would be paid to. Mayor Mertensotto responded that he understands it would be to St. Thomas Academy, Mr. Lang stated that it would be paid to an architect who will develop a detailed architectural plan; Mr. Lang will do the economics plamling; he also wants to spend some time thinking about how the relationships will work. Mayor Mertensotto stated that he understood an independent contractor would be retained to gather the information and there Page No. 8 November 6, 2001 would not be any contributed time solicited. It is important that professionals are retained. Mr. McKasy stated that the St. Thomas Academy board authorized Mr. Lange to investigate and negotiate on its behalf. He asked if Council would like him to come back in two weeks to discuss the $25,000. Mayor Mertensotto responded that he understood that St. Thomas would oversee the project and that it would not be a one -man project. Councilmember Vitelli asked why St. Thomas Academy is not willing to match whatever the city does, and why the academy is not investing in the study. The academy has donors who could give the money. He stated that he is bothered that the academy is not willing to add something. Mr. McKasy responded that the school is a non - profit operation and must be careful how it husbands its money. He is just here to bring forward a joint venture and does not feel the school is in a position now to put up money. Councilmember Krebsbach stated that Council should be given room to negotiate. She asked if the school has someone who might be willing to contribute in -kind to the study. Councilmember Vitelli asked Mr. McKasy to give Council the names of who the city would be writing the check to, who will be doing the work, etc. Mr. Lang stated that it is extremely important that hockey be played in the arena in the fall of next year. St. Thomas University would be using day time ice and have Friday and Saturday evening games there. HEARING — MARIE Mayor Mertensotto called the meeting to order for the purpose of a AVENUE ASSESSMENTS public hearing on proposed assessments for the Marie Avenue mill and overlay improvements. Council acknowledged the proposed assessment roll and a report from Engineer Mogan. Mayor Mertensotto asked for questions and comments from the audience. Mr. Michael O'Brien, representing the Marie Avenue east court of homes (Eagle Ridge), stated that the property owners have received Page No. 9 November 6, 2001 letters from the city saying they will be assessed $1,300 for the Marie Avenue project from Victoria to Dodd Road. He stated that he spoke with Engineer Mogan this afternoon, and while he was very helpful, he could not satisfy the concerns. The Victoria Highlands tows -homes across the road from the Eagle Ridge properties are not being assessed, even though there is an entrance to their property that he feels is identical to the entrance to the Eagle Ridge homes. He asked why the Victoria Townhomes are not being assessed if seventeen other homes, including the Eagle Ridge homes, are being assessed. He did not think the assessment is fair. Engineer Mogan stated that the mill and overlay from Lexington to Dodd, including $60,000 for the bridge deck, cost $380,000. There are seven properties in Eagle Ridge that are proposed to be assessed and all of them have Marie Avenue addresses. The Victoria Highlands Townhomes have addresses on Highview Circle. Mayor Mertensotto explained the city's street reconstruction policy, informing the residents that as part of the policy the city picks up the majority of the cost. The proposed assessments for this project are the same as every other home owner has paid for street reconstruction over the past several years. The total proposed assessments are just a fraction of the costs, and a unifonn assessment rate is proposed for every home with frontage on Marie Avenue. Mrs. O'Brien stated that six of the twnhomes are on one driveway that enters Marie. She asked why each of them is being assessed. Mayor Mertensotto responded that each residential unit with frontage on Marie is proposed to be assessed the same amount rather than being assessed on front footage. Councilmember Krebsbach informed Mr. O'Brien that the Victoria Townhomes are located on a private street. Mayor Mertensotto pointed out that those property owners pay the total cost for maintenance of the road within the subdivision. The city's tax payers are not contributing to a portion of the costs to upgrade that road. When the city reconstructs a street, the general taxes pay over 50% of the cost. Mr. O'Brien stated that the Eagle Ridge property owners maintain their cul de sac just as the Victoria Townhomes residents do. Page No. 10 November 6, 2001 Engineer Mogan responded that that the Victoria Townhomes development has a street named Highview Circle, and it is proposed to assess Marie Avenue properties for the project. Mr. O'Brien stated that he is not trying to get the Victoria Townhomes people involved in this but that he does not think it is fair. The Eagle Ridge residents maintain their street too and pay to do the same thing on their cul de sac that the Victoria Townhomes people pay for on their street. Engineer Mogan stated that at some point, the Victoria Townhomes owners could approach Council about accepting their street as a public street and if that were to happen, at that time they would be assessed for any public improvements on Highview Circle. Mr. O'Brien responded that it doesn't seem proper for the reasons he gave, given that the entrances to Marie are about the same, and the Victoria Townhomes should also be assessed. His group feels that either the Victoria Townhomes owners should pay $1,300 each or that the total that is being assessed should be divided among all of the property owners including Victoria Townhomes. A resident of the Victoria Townhomes stated that the property owners have had Highview Circle blacktopped twice since 1992 at their own cost. Engineer Mogan informed Council that this is the first time multi- family housing has been involved in a street reconstruction project. Mayor Mertensotto stated that Victoria Townhomes is out of sync. Everyone else pays $1,300 for street reconstruction, and Marie Avenue cost more than $1,300 per property. Mr. O'Brien stated that the road in Victoria Highlands is a laid out street, but it is deceptive how much area the Eagle Ridge cul de sac has in terms of plowing, blacktop, etc. Councilmember Vitelli stated that this is an unusual situation and he would support having staff look at it. The Eagle Ridge homes have addresses on Marie but do all of the cul de sac maintenance. There is very little difference between the Victoria Townhomes and the Eagle Ridge homes. The Victoria Townhomes should at least pay for one or two driveways. He felt some consideration should be given to amending the assessment roll. C Page No. 11 November 6, 2001 Attorney Schleck stated that the reconstruction program is for the 1 benefit of the city as a whole, not individual land owners or anyone who abuts on any street. The city has consistently approached how they assess based on addresses on a street. The city has consciously made a decision that people with addresses on a street should be assessed. He stated that he would argue that the city should follow its policy consistently or at would not be fair to people who have bade assessments in the past five years. Ayes: 4 Nays: 0 Mr. O'Brien responded that would be like hire giving away his children's rights. It seems to him that there is some consensus that this is a reasoned case that Council can make sure does not happen again. hz the mean time, the question of fairness does come up. Everything seems to be identical in this situation compared to the situation across the street, and he asked Council consider Councilmember Vitelli's suggestion. Mayor Mertensotto stated that Mr. O'Brien should have filed a written objection and that Council will note the objection this evening. He pointed out that the Eagle Ridge properties are not being assessed per unit any differently from any other property in the city that is affected by a street reconstruction project. There being no further questions or comments, Councilmember Schneeman moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Mayor Mertensotto stated that Council has the authority to amend the assessment roll any time within the thirty days before certification and can also change it after certification if Council desires. Councilmember Krebsbach stated that she understands the rationale of using the addresses but this is unique in that there is a private street with residences on it that use the public street. Everyone pays for street reconstruction on that basis, but there will be some parcels, like Victoria Townhomes, that will not have addresses on the improved street. Although those homes fall within the same category, the Eagle Ridge towl-dzomes do have addresses on Marie. Mayor Mertensotto stated that staff should do a more in depth study. Page No. 12 November 6, 2001 Councilmember Krebsbach stated that Council should be consistent across the city. This seems to be a new issue. She asked what would happen if Council should decide to include the Victoria Townhomes. Mayor Mertensotto responded that the property owners were not notified of any of the hearings, so all Council could do is to adjust the Eagle Ridge assessments. Engineer Mogan responded that there are 26 total assessments, including the seven Eagle Ridge properties. Mayor Mertensotto stated that the city is not assessing on a front foot basis, but rather on an equal unit basis as has been done on all street reconstruction projects. Councilmember Krebsbach stated that Council can take action but that she would like to keep the issue open so that Council can address how to approach similar circumstances in the future. The Eagle Ridge properties have the same conditions as the Victoria Townhomes except that they have street addresses on Marie. City Administrator Lindberg stated that staff will look at the city's current policy and how it will affect similar properties in the future and will report back to Council. Mayor Mertensotto pointed out that Council can change the assessments after the roll is adopted. Councilmember Schneeman moved adoption of Resolution No. 01- 69, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE MARIE AVENUE MILL AND OVERLAY PAVING PROJECT (IMPROVEMENT NO. 2001, PROJECT NO. 1)." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Councilmember Vitelli moved to direct staff to look at the issues and come forward with a recommendation within 30 days on whether the assessment roll should be changed for the seven homes in Eagle Ridge, and review the policy and determine how other areas of the city may be impacted. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 C Page No. 13 November 6, 2001 1 INET Council acknowledged a memo from Police Chief Piotraschlce regarding the NDC4 Institutional Network (INET) service agreement. Chief Piotraschke introduced NDC4 Executive Director Jodie Miller. He stated that the purpose of the presentation is to give an overview of where the franchise is at in the design and build for the INET and ask Council how to proceed. Ms. Miller stated that MT is a fiber optic network covering northern Dakota Comity. The cable franchise requires the cable company to build the fiber optics if the cities are interested. INET would provide connection to the Internet, voice /video and data between the three city facilities. Mayor Mertensotto stated that the $62,196 fee to connect the three city facilities could be paid over five years or up front. Ms. Miller stated that the $62,000 would be for infrastructure, and hardware would be separate. Mayor Mertensotto stated that if the city enters into the agreement, it would be locked in for fifteen years, and would be locked into AT &T as the sole vendor. Ms. Miller responded that this is a service agreement between the city and the cable company and she did not think the company would care if the city stops using it after five years. Mayor Mertensotto stated that the agreement reads until March, 2015, and he did not see anywhere in the agreement where the city can opt out f technology changes. The city would have to continue paying the monthly charge for each of the city facilities. Councilmember Vitelli asked if the city has to deal with AT &T or if there is another option. AT &T has proven to be a very poor supplier of cable and broadband in Dakota County. 2 Ms. Miller responded that this agreement is tied to the cable franchise that was granted to AT &T. They are required to provide this as part of their franchise. No other company would want to provide this type of capacity at this cost. The city would be paying the cost to construct the fiber and can use that fiber for fifteen years. Page No. 14 November 6, 2001 Mayor Mertensotto asked how Council would better serve the residents because of INET — how does INET help the city. Ms. Miller stated that the city is renting T -1 lines now. The cost of INET will be about the same, but the capacity will be much greater and there would be no monthly cost after five years. The city may also be able to envelope all three buildings under one PBX. She stated that there are 41 government and institutional sites in the area that can hook into the INET. Each of the sites would pay per building to participate. Mayor Mertensotto stated that there needs to be a provision that lets cities opt out after five years. Currently, there is no way to terminate the agreement. Councilmember Krebsbach stated that she can see educational institutions benefiting from INET but she would have to think about how the city would use it. If there are fiber optics, the city could possibly take advantage of it, but she did not see a need for all three city sites. Chief Piotraschke responded that everything being discussed requires a backbone. Everything in the future requires a transport medium. (' This provides a very high bandwidth WAN. He stated that he cannot tell Council know what applications the city will have for INET several years from now but to take advantage of a fiber optic at this cost is excellent. AT &T would not be used as an internet service provider. The entities involved in NDC4 mandated AT &T to construct this network. Councilmember Vitelli asked who would own the fiber network after it is installed and paid. Ms. Miller responded that the city would own the equipment but the cable company would own the fiber optic line. The city would have exclusive use of the fiber for the remainder of the contract. Councilmember Vitelli responded that is why it is not such a good deal. The city will be paying for the installation of the fiber and AT &T will own it. He recommended that staff give Council a cost/benefit analysis for the city. Council needs to understand why it should spend any money on this. If there is a cost of $80.000, how much is each department willing to reduce its budget over the next five years to pay for it. He stated that he has a bias against entering into any agreement with AT &T for fifteen years. Page No. 15 November 6, 2001 Ms. Miller stated that several cities and school districts have already approve the agreement. The city is better off being a quasi customer in terns of the INET versus requiring free INET. NDC4 has set some very stringent response times. Councilmember Krebsbach stated that she would have to know what the applications are and what would actually be used by the city. Councilmember Vitelli stated that a cost/benefit analysis is needed; how it will pay for itself and if the city will get its honey back. Mayor Mertensotto stated that a termination clause is needed to allow the city to opt out. Ms. Miller stated that she would gather more infonnation and come back at a future meeting. CASE NO. 01 -36, FILHART Council acknowledged an application from Mr. Joe Filhart for a conditional use pen-nit and five foot sideyard setback variance to replace an existing detached garage at 1033 Delaware Avenue. Council also acknowledged associated staff reports. Assistant Hollister reviewed the application and the Planning Commission discussion and recommendation for Council. Responding to a question from Mayor Mertensotto, Mr. Filhart stated that the garage will be consistent with the design of the home. Councihnember Krebsbach commented that Council has approved similar variances for garages in Mr. Filhart's neighborhood. Councilmember Vitelli moved adoption of Resolution No. 01 -70, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND FIVE FOOT SIDE -YARD SETBACK VARIANCE FOR A DETACHED GARAGE FOR JOE FILHART OF 1033 DELAWARE AVENUE." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 01 -70, SAWHORSE Council acknowledged an application from Sawhorse Builders/ BUILDERS Eul Kang for a wetlands permit to allow a deck replacement at 705 Sylvandale Court. Council also acknowledged associated staff reports. Page No. 16 November 6, 2001 Assistant Hollister reviewed the application and the Planning Commission discussion and recommendation for Council. :Mr. Marls Oehlke, from Sawhorse, infonned Council that Mr. Kang proposes to build a single level deck to replace an existing two level deck. The new structure will be much smaller than the existing deck and it will be landscaped as recommended by the Planning Commission. Councilmember Vitelli moved adoption of Resolution No. 01 -71, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A REPLACEMENT DECK FOR EUL KANG OF 705 SYLVANDALE COURT." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 RIVERSIDE APARTMENTS Council acknowledged a memo from Treasurer Shaughnessy WATER CONNECTION regarding a request from the Lexington Riverside Condominium Association in Lilydale to connect to the city's water system. Mr. Bill Gydesen, representing the association, stated that he is present to discuss the connection charge that has been calculated for \ the connection. The original project was done over 30 years ago and he does not know why the developer chose to install deep wells rather than connect to city water. The connection charge includes interest for thirty-one years. The broad issue is that the bonds for the original project have already been paid. Mr. Gydesen stated that all he is asking is forgiveness of some of the interest. Mayor Mertensotto responded that the charge was calculated using the city's standard practice. If the association wants the frontage rate that was charged 31 years ago, they must pay the interest from that time. Otherwise, the city could determine what the value of installing the watermain today would be. Even though the bonds have been paid, the city continues to pay the cost of operating the water system. BOLTZ TAE KWON DO Council acknowledged a memo from Assistant Hollister relative to discussions with Mr. Nick Golden, from Boltz's Tae Kwon Do, regarding the possibility of moving the business from the Mendota Plaza to 780 South Plaza Drive. The question is whether the use is C. Page No. 17 November 6, 2001 substantially similar to the B -1 permitted or conditional uses. Mr. Golden and Mr. Boltz were present for the discussion. Mayor Mertensotto stated that his concern is over traffic, especially if Mr. Boltz plans to increase the size of the structure by 1,500 square feet. He asked how many daily trips there will be during the week. He pointed out that the intersection of Dodd and South Plaza is dangerous. He was also concerned over the safety of the senior citizens who walls up South Plaza from the senior housing facility to get to the city's trail system. Mr. Golden responded that there will be ten to fifteen students per session and three sessions per evening. The facility operates from 6:00 p.m. to 10:00 p.m. Responding to a question from Councilmember Schneeman, he stated that he proposes to add two story 1,500 square foot addition on the east side of the existing single story structure. He would also add parking in front of the building. He stated that he looked at the former day care center also, but parking was a problem there. Mayor Mertensotto stated that the city received numerous complaints about the day care center at that location because of parking and the dangerous intersection. Mr. Boltz stated that his program starts as early as 5 p.m. but most start at 6:00. The classes are one hour long, and there is a fifteen minute gap between classes, so there is not much overlap of traffic. He stated that right now his business is just a block from the entrance to South Plaza and there is a lot more traffic at that intersection than there is at South Plaza and Dodd. He stated that Curves, in the former bank building, is a similar use. He stated that 60 to 70% of the program participants are children and parents will be cautions as they enter and leave the parking area. Councilmember Scluzeeman stated that the question is whether the use fits in B -1. She felt that perhaps it could fit into the private educational category. She also felt that they should be able to pursue their request if they wish. Mayor Mertensotto responded that traffic is his concern. The use is a traffic generator and this is not the street to be generating traffic on. Councilmember Krebsbach stated that she would want to know more what the building will look like. Page No. 18 November 6, 2001 Mr. Golden responded that he wants to keep the addition similar to the existing construction, a rectangular shape that would tie into the existing building. Administrator Lindberg stated that if Council deems this an appropriate conditional use for the district, Mr. Boltz could provide information on traffic. Responding to a question from Mayor Mertensotto about what the use could be compared to, Mr. Golden stated that he would compare it to a dance studio. Tai Kwon Do is martial arts — children as young as four and adults as old as 60 participate in the program. It is a sport, an exercise regimen, and aerobics. It is for fitness, fiin and family. Mayor Mertensotto stated that it appears to him to be a very intense use for the proposed location. He reiterated his concerns over adding traffic to the intersection. Councilmember Schneeman stated that many women are going into Curves now. She felt that Mr. Boltz should be able to purse his request if he wants to. Administrator Lindberg stated that Council must determine whether this use is or is not substantially similar to allowed uses or Mr. Boltz could apply for an amendment to the ordinance to allow the use. Mayor Mertensotto stated that he feels the use is too intense for the building and he did not want the owners to spend any more money on the matter. Councilmember Krebsbach stated that she tends to not want to change anything that has anything to do with the zoning. She felt the use would need to be a conditional use. Mr. Golden stated that there are some plans tentatively for the Mendota Plaza and he would like to stay there but the owner has been very deliberate in developing the vacant space. The last he heard was that the owner was going to continue to use the vacant space as a warehousing area. Councilmember Vitelli agreed that traffic is a good point and this use would add traffic to South Plaza. The problem Council has is the site is zoned B -1 and there is already a traffic problem on South Plaza. C Page No. 19 November 6, 2001 BIRCH PROPERTY Council acknowledged a memo from Administrator Lindberg and Engineer Mogan regarding a request from Mr. Brian Birch for reimbursement for the reconstruction of his driveway at 755 Willow Lane. Mayor Mertensotto excused himself from the discussion. Mr. Birch reviewed his request for driveway reconstruction and landscaping cost reimbursement. Administrator Lindberg stated that the city has agreed to take measures to assist with the creels bed erosion problems. The proposal was included in the Council packet. Staff is asking Council to move forward if the proposal is acceptable to the city and Mr. Birch. She stated that creels restoration should be done during the winter months. Mr. Birch stated that the creels stabilization can be done now because the ground is hard enough and there won't be much damage done during construction. Administrator Lindberg responded that the city could move forward with the creels repair option if it is acceptable to both the city and Mr. Birch. Mr. Birch responded that it is fine with him but the city has to remove a cottonwood tree near the creels bed now or it will fall and cause damage. Administrator Lindberg responded that the city could look at the tree to see if the creels erosion caused the tree problems. Councilmember Krebsbach stated that she wants to be sure that if the city does the restoration, it would not be causing other issues to come before Council. Administrator Lindberg stated that another issue is landscaping. The city agreed several years ago that the city would pay for Mr. Bjrch's landscaping costs once he had the driveway relocated. He has had the driveway relocation done and the city can now discuss payment for the landscaping. Councilmember Krebsbach stated that she remembers that there was a concern about the driveway expressed during the street Page No. 20 November 6, 2001 reconstruction discussion. The creek is an amenity and that is normally the responsibility of the property owner. Engineer Mogan stated that the city has done projects on drainageways and absorbed most of the cost. He did not know however that the city has ever paid the entire cost of stabilization, but the work could be done relatively inexpensively, probably for less than $2,000. Councilmember Krebsbach wanted it to be absolutely clear on what Council will agree to, and that will be it. She asked if Mr. Birch agrees with the solution. Mr. Birch responded that when he wanted to do corrections, he was told by Engineer Mogan that it was a watershed and he could not do any corrections. He stated that he will not stand behind the success of the city's proposal. Responding to a question from Councilmember Vitelli, Engineer Mogan stated that erosion is probably taking place along the creels on other properties by Mr. Birch's, but they are all private properties. Erosion happens all the time, but he is not sure it is endangering other properties or he would have heard about it. Attorney Schlecic stated that Mr. Birch suggested an alternative in his letter. Mr. Birch indicated that he would ask Southview Design for a proposal. It may be better for Mr. Birch to contract directly to correct the issue with city participation. Part of Council's concern is the on -going nature of these activities. Councilmembers Krebsbach and Schneeman agreed. Mr. Birch responded that the city wants him to be responsible for the watershed but he cannot accept that. The watershed is getting bigger and will expand when the property on Dodd develops. Attorney Schlecic responded that Mr. Birch has an existing problem with his property and he and the city are talking about how to address the problem as it exists today. Mr. Birch stated that with regard to Souuthview Design, creels repair is not their area of expertise and he would rely on the city staff for a recommendation. Page No. 21 November 6, 2001 Councilmember Vitelli asked why Mr. Birch rejected staff's recommendation on the driveway correction. Staff indicated that the problem could have been corrected for $2,600, but Mr. Birch had it done for $10,000 and is asking the city to pay $7,000. Mr. Birch responded that staff proposed an s -cuive driveway. Mr. Birch proposed other options. Engineer Mogan stated that staff proposed adjusting the grade, moving the driveway entrance down the slope and leaving the driveway as it was and tuning it into a horseshoe. The $2,600 option would have eliminated that problem of vehicles bottoming out. Mr. Birch had a problem with the grade of the driveway and he was convinced the engineering solution did not address the grade problem. Councilmember Vitelli asked Mr. Birch if he had his entire driveway reconstructed. Mr. Birch stated that he did, at a cost of about $12,000. Councilmember Vitelli stated that he would not support $6,900 for the driveway reconstruction. He asked why the city's tax payers should pay for Mr. Birch's driveway reconstruction when one of the solutions was to fix the apron for $2,600. Councilmember Schneeman stated that the driveway reimbursement request bothers her and that she is concerned that the bid for shrubbery is so high. She noted that some of the shrubbery that was lost was on city property. Councilmember Vitelli asked if all of the shrubbery existed. Mr. Birch responded that it did exist but dried out from the silt and that he notified the city before it happened. Councilmember Vitelli stated that Mr. Birch had a complete driveway project done for $11,000 when city staff said the problems could be resolved for $2,600. He asked whether Council would be setting a precedent by approving payment for the driveway and also whether the city had ever done this before. Engineer Mogan responded that during a project the city replaces driveways to the extent of damage. The problem is that as the driveway entrance was reinstalled, it was not installed as wide as it Page No. 22 November 6, 2001 should have been. The problem of cars bottoming out could have been resolved for $2,600. He stated that he was not going to solve the problem with the grade on the driveway, because that was a pre- existing problem. The city has a survey that showed the condition. Councilmember Vitelli recommended $4,000 for the driveway. He pointed out the Southview Design quote was for $2,802 and asked Mr. Birch how that got to $5,600. Mr. Birch responded that Southview did not include the shrubs up the hill, so he extrapolated the figures. He used square feet for the driveway figure. Councilmember Vitelli asked if city staff can tell him that the city would be replacing shrubs that were damaged due to the project and then whether the notes on the bottom of the Southview quote cover shrubs the city destroyed. He asked whether the city destroyed all of the trees and shrubs that were listed. Engineer Mogan responded that what staff is working with is Mr. Birch's original landscape plan. He stated that Mr. Birch has said that the city did damage all of the trees and shrubs. The city could have tried to salvage the materials but there would have been labor costs. He stated that he could review Mr. Birch's list. Councilmember Krebsbach stated that she would like to resolve the issue this evening rather than having staff do more study. Attorney Schleck stated that it appears that at least half of the estimate is not actually for landscaping but for additional things like soil fill and sod and edging and rock. The actual plants are about half of the estimate. Mr. Birch responded that the additional items are to correct a problem along the driveway. If he does not have sod cars will drive off the bottom of the driveway. Attorney Schleck responded that it doesn't sound like the estimate is for landscaping, but rather the materials are needed because of the driveway reconstruction. Councilmember Schneeman stated that she visited the property today. The driveway is beautifiil, but she does not know about the shrubs. She felt that $5,600 is a lot of money for shrubs. C Page No. 23 November 6, 2001 Councilmember Vitelli stated that he has already stated that he would agree to $4,000 for the driveway, and he would also agree to $4,000 for the landscaping. On the third item, he agrees with Attorney Schleck that Mr. Birch should direct someone to do what he wants because no matter what the city does Mr. Birch will complain. Council should look at the estimate and make sure it takes care of the erosion, and Mr. Birch would be responsible. Otherwise nothing the city does will make Mr. Birch happy. If he does not take responsibility for the soil erosion and the city approves the plan and does the work, Mr. Birch will be back discussing the matter for years. He stated that he would offer $8,000 for the driveway and landscaping and follow the City Attorney's recommendation on the erosion. He further stated that he represents the citizens of the community and what he is recommending would treat Mr. Birch as an average tax payer. Mr. Birch responded that he asked for $12,500 and that $8,000 is unacceptable. Councilmember Scluzeeman stated that she feels Councilmember Vitelli's recommendation is very fair and Mr. Birch should be happy with it. Councilmember Krebsbach stated that if Mr. Birch does not agree with the recommendation, she feels Council should lay the matter over and offer nothing at this time. Councilmember Vitelli felt that Council should formalize a proposal so that the record shows that an offer has been made in case Mr. Birch decides to accept it. Councilmember Vitelli moved to offer $4,000 for the driveway and $4,000 for the shrubbery /landscaping corrections, to follow the City Attorney's recommendation on how to handle the soil erosion, and to give Mr. Birch 30 days to accept the offer or it expires. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 HUBER DRIVE DRAINAGE Council acknowledged a memo and a tabulation of bids from Engineer Mogan for drainage improvements on Huber Drive at Bent Tree Lane and at 1446 Cherry Hill Road. Councilmember Schneeman moved to award the contracts to Wagner Sod Company, Inc., for its low bids of $5,693 for the Huber Lane Page No. 24 November 6, 2001 drainage improvement and $6,200 for the Cherry Hill Road drainage improvement, with the project costs to be financed by the Storm Water Utility Fund. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before Council, Councilmember Schneernan moved that the meeting be adjourned to closed session for discussion of Tom Thumb and Oasis Markets purchase agreements with legal counsel, with subsequent adjournment to the budget workshop scheduled for 7:00 p.m. on November 13. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 1:00 a.m. Kathleen M. Swanson City Clerk ATTEST: ��� Charles E. Mertensotto Mayor