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1999-03-16 Council minutesPage No. 1 March 16, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 16, 1999 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Huber, Krebsbach and Schneeman. Mayor Mertensotto turned the chair over to Councilmember Dwyer. AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Mayor Mertensotto stated that the motion that was made regarding the Civic Center ballfield improvements was misleading and that he understood that the motion had been amended after discussion. He stated that he would not have voted in the affirmative on the Civic Center ballfield issue as the motion was stated. He stated that if MHAA wants a permanent youth baseball field for youth aged 13 and under he has no problem with that, but he felt that it should be at one of the other parks or at a school. He stated that he had overlooked the Friendly Hills Middle School field as an option and that he thinks it would be ideal for youth baseball because it is designed for middle school aged children.. He suggested that the city make a formal proposal to the school district asking them if they would enter into a joint powers agreement to make the middle school field a permanent youth baseball field. Councilmember Dwyer stated that he would not vote to reconsider the action taken on March 2 and that stating that he thinks the civic center field is the appropriate place for the ballfield. Councilmember Huber stated that there is a joint powers agreement with the school district. The primary problem in terms of using the fields at Henry Sibley High School is that the school district has Page No. 2 March 16, 1999 control over use of the fields during the school year and MHAA does not have the ability to use the fields until half of the baseball season is over. Councilmember Dwyer agreed, stating that the second part of the problem is that the school district does not maintain the fields after school is out. Councilmember Huber stated that he does not have a problem with approaching the school district with a proposal but if the city improves the field at the middle school, the city must control it from the start of the season into June. Councilmember Schneeman stated that one of the reasons MHAA likes the Civic Center site is because it is so easy for other teams to find. She further stated that she feels it is a beautiful field and shows off City Hall and it is good to see activity at the field. She felt that MHAA would run into problems trying to give directions to the middle school field to other teams. Mayor Mertensotto stated that the middle school field is bigger and that he feels it is a much better site. He further stated that if he had understood that the motion was not modified so that it would not be a permanent field, he would have voted against the motion. Councilmember Huber stated that he thought that what Council had agreed to was to install a mound and get feedback from the softball people. He also understood that the only way the city would not go forward with the permanent improvements would be if Council receives objection from the softball teams. Councilmember Dwyer stated that the MHAA speaks on behalf of youth softball and adult softball. Parks Project Manager Guy Kullander informed Council that the original plan for the middle school field was for a 275 foot outfield but that he does not know how it was constructed. Councilmember Krebsbach stated that she would like to have the decision from the last meeting stand. Council's decision was a two - stage decision, to put the mound in and then, after the season, add the other improvements after the season. Should Council determine after the season that it was not a good decision, then Council could pursue the Civic Center site. Page No. 3 March 16, 1999 Councilmember Schneeman stated that City Attorney Hart had informed Council during the discussion that if it is determined in the future that the ballfield site is needed for City Hall expansion, there would be'no legal problem associated removing the field (because of the use of Special Park funds for the improvements). Mayor Mertensotto stated that he would never have voted for the motion if he understood that the city would be making permanent improvements to a site that is totally inadequate in size and has inadequate parking. He stated that he wants to change his vote on the issue so that it is on record that he voted against permanent improvements to the field. Mayor Mertensotto moved to change his vote to the negative on the March 2 motion with respect to Civic Center ballfield improvements. Councilmember Huber seconded the motion. Ayes: 4 Nays: 1 Dwyer Councilmember Schneeman moved approval of the minutes of the regular meeting held on March 2, 1999 with corrections. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 Abstain: Krebsbach CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5g, completion of Police Chief's probationary period, 5I, Fire Station improvements, and 5p, appointment to Metropolitan Council, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the minutes of the February 26, 1999 NDC -4 meeting and agenda. b. Acknowledgment of the Fire Department monthly report for February. c. Acknowledgment of the Treasurer's monthly report for February. d. Acknowledgment of the AMM Bill Tracking Report Index. e. Acknowledgment of. a memo regarding tax increment financing use for park and civic center projects. Page No. 4 March 16, 1999 f. Approval of the Senior Secretary position description dated March 16, 1999. g. Authorization for the issuance of a temporary liquor license to the Beth Jacob Congregation for Sunday, May 2, 1999 from 6:00 P.M. to 9:00 P.M. h. Adoption of Resolution No. 99 -09, "A RESOLUTION AUTHORIZING EXECUTION OF DEFIBRILLATOR AGREEMENT." i. Approval of the issuance of a purchase order to Mike McPhillips, Inc. for 1999 street sweeping for its low bid of $61.50 per hour. j. Approval of the issuance of 3.2 Off -Sale Non - Intoxicating Malt Liquor Licenses to Tom Thumb Food Market #264, Speedway Super America Group # 4516 and #4521, and the issuance of a 3.2 On -Sale Malt Liquor License to Mendota Heights Par 3. k. Acknowledgment of a reminder of the April 6, 1999 Board of Review meeting. 1. Approval of the list of contractor licenses dated March 16, 1999 and attached hereto. m. Approval of the List of Claims dated March 16, 1999 and totaling $!34,631.22. n. Approval of the probationary appointment of Linda Shipton as Senior Secretary, effective on March 17, 1999 at Level E, Pay Grade XI and to authorize staff to begin the recruitment process to fill the vacant Utility Billing Clerk position. Councihmmber Schneeman seconded the motion. Ayes: 5 Nays: 0 POLICE CHIEF APPOINTMENT Council acknowledged a memo from Administrator Batchelder acknowledging Scott Johnson's successful completion of his probationary period as Police Chief and recommending his appointment to regular, full -time status. Councilmember Dwyer acknowledged that Chief Johnson has completed his one -year probation and that stated that Chief Johnson has performed in an exemplary manner during that time. Page No. 5 March 16, 1999 Councilmember Dwyer moved to acknowledge Police Chief Scott Mayor Mertensotto stated that he does not feel there is justification for upgrading the dispatch center as proposed because all of the public safety dispatching is done at West St. Paul and the city is participating in that upgrade. He also did not see the need for locked mail slots. He also did not feel that a new locker room for female firefighters does not have merit at this time since there are no female firefighters on the department. Councilmember Dwyer suggested that Fire Chief Maczko should come before Council to explain his proposal. Councilmember Krebsbach moved to table the matter until such time as Fire Chief Maczko can be present to answer Council questions. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman stated that she went to look at the fire station and feels that the improvements are necessary. She recommended that the Councilmembers also go the fire station and noted that no improvements have been made to the facility since it was constructed. METROPOLITAN COUNCIL Council acknowledged an excerpt from the March 8 -12 AMM Fax APPOINTMENT News regarding appointments for Metropolitan Council district representatives. Mayor Mertensotto stated that the Governor's nominating committee has been set up to interview the candidates from each district. One of the city's residents, Carl Cummins III, is on the list of candidates who will be interviewed by the committee. He stated that Mr. Cummins is the only District 15 candidate who has City Council experience and that he would be an excellent representative. He informed Council that Mr. Cummins would appreciate it if Council Johnson's successful completion of his probationary period, effective March 30, 1999 and to appoint Scott Johnson to regular, full -time status effective March 30, 199 at an annual salary of $64,568. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 FIRE STATION Council acknowledged a memo from Fire Chief Maczko requesting IMPROVEMENTS approval to solicit bids for improvements at the fire station. Mayor Mertensotto stated that he does not feel there is justification for upgrading the dispatch center as proposed because all of the public safety dispatching is done at West St. Paul and the city is participating in that upgrade. He also did not see the need for locked mail slots. He also did not feel that a new locker room for female firefighters does not have merit at this time since there are no female firefighters on the department. Councilmember Dwyer suggested that Fire Chief Maczko should come before Council to explain his proposal. Councilmember Krebsbach moved to table the matter until such time as Fire Chief Maczko can be present to answer Council questions. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman stated that she went to look at the fire station and feels that the improvements are necessary. She recommended that the Councilmembers also go the fire station and noted that no improvements have been made to the facility since it was constructed. METROPOLITAN COUNCIL Council acknowledged an excerpt from the March 8 -12 AMM Fax APPOINTMENT News regarding appointments for Metropolitan Council district representatives. Mayor Mertensotto stated that the Governor's nominating committee has been set up to interview the candidates from each district. One of the city's residents, Carl Cummins III, is on the list of candidates who will be interviewed by the committee. He stated that Mr. Cummins is the only District 15 candidate who has City Council experience and that he would be an excellent representative. He informed Council that Mr. Cummins would appreciate it if Council Page No. 6 March 16, 1999 would send someone to the interview in his support. He stated that Council has adopted a resolution endorsing Mr. Cummins and suggested that Council again adopt an endorsement resolution. He stated that Mr. Cummins is the only candidate who has municipal background and experience, which is a valuable asset for a Metropolitan Council district representative. Mayor Mertensotto moved adoption of Resolution No. 99 -10, "RESOLUTION ENDORSING CARL CUMMINS III FOR APPOINTMENT TO THE METROPOLITAN COUNCIL." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach stated that District 15 had forty candidates for appointment and it is significant to be one of the five candidates to be interviewed. She pointed out that in addition to his eight years as a Councilmember, Mr. Cummins has also been the head 'of the Higher Education Coordinating Board and has much experience in addition to his Council experience. She asked that each of Council's names be listed in the endorsement. Council directed that the resolution be submitted to the nominating committee by fax tomorrow and asked that Administrator Batchelder attend the interview session and deliver the resolution to the Committee to make the acknowledgment that Council has again taken action to support Carl Cummins. CASE NO. 99 -05, HOFFMAN Councilmember Dwyer opened the meeting for the purpose of a HOMES public hearing on an application from Hoffinan Homes, Inc., for comprehensive plan amendment, conditional use permit for planned unit development, subdivision, and wetlands permit. Council acknowledged associated staff reports. Mr. Peter Coyle, from Larkin Hoffman law firm, and Mr. Pat Hoffman, from Hoffman Homes, were present for the discussion. Councilmember Dwyer stated that the application is for a 46 townhome development on a heavily wooded parcel west of Resurrection Cemetery. Mr. Coyle stated that his firm is the land use counsel for Hoffman Homes. He stated that Hoffman Homes originally came before Council with a proposal two years ago and has been working on the proposed project for a couple of years. He expressed appreciation to the Mayor and city staff for working with Hoffinan Homes, stating Page No. 7 March 16, 1999 that he feels the project is a better project because of the input from the city. Mr. Coyle explained that is proposed to construct a 46 unit townhome project on a 44 acre site, approximately 30 net buildable acres, located at the northwest corner of the Resurrection Cemetery property. None of the units will have backyard neighbors and all of the units have been aligned on the site to give them a view of the water front. Hoffman Homes has taken great pains to protect the existing natural features of the site and will commit to a conservation easement to the city in perpetuity to prohibit any cutting, mowing or degradation of the natural features. Staggered setbacks of the units provide a variation in the frontages, and the service road design means people will only go past four of five units. The units are designed for empty nesters, and Hoffinan Homes does not perceive the project would be desirable for people with families and has consciously designed the project to discourage those purchasers. He anticipated that the units would be in the $300,000 price range. All of the units will have brick and stucco all around, will have steep pitch roof designs and varied offsets for the garages. Mr. Coyle reviewed the staff reports and the issues raised by the l Planning Commission. He informed Council that Hoffinan Homes has been in close and constant contact with the MAC and Metropolitan Council regarding noise attenuation issues. The project will at least, if not exceed, the noise reduction levels for Zones 3 and 4, and the technical consultant David Braslau, retained by the Metropolitan Council has given his acceptance to the technical design. He stated that he spoke to Chauncey Case from the Metropolitan Council today and Mr. Case is anxiously awaiting news that the City Council approves the comp plan amendment so Hoffinan Homes can engage the Metropolitan Council in processing the comprehensive plan amendment, which will allow the Metropolitan Council to discuss and hopefully amend its aviation element that talks about multi - family dwellings in noise zones. He stated that the second issue that he wants to confirm with Council is that the access proposed continues to be from T.H. 13 on the west side, which is the location that Mn/DOT favors. Mn/DOT would not support alignment of the access with T.H. 110. Hoffman Homes has submitted a draft conservation easement to protect the lakefronts to city staff today and will work with staff to be sure that it protects the city's interest as well as the interest of the property owners. Outlot B will be a passive open space site, where a gazebo is proposed to be located.' He explained that Hoffman Homes will apply for a permit Page No. 8 March 16, 1999 for the gazebo at the time Hoffinan Homes is ready to proceed with it. Councilmember Dwyer stated that Council has not yet received a copy of the conservation easement. He noted that the Planning Commission has recommended that it be filed as a deed on each of the individual titles. Mr. Coyle responded that this is what Hoffman Homes did and also has no objection to the city being a parry to the document. Mayor Mertensotto asked why the easement cannot run from the developer to the city. If this were done, the document can be referenced on each of the deeds. He stated that the city wants an overall conservation easement and that there is no way that Council would want there to be public access to Lake Augusta and the lake should never be made open by way of an easement. Councilmember Dwyer stated that the easement would be between the developer and the city, and that Council intends to take the same line as Hoffman Homes. Both Council and Hoffman Homes agree with the recommendation that access to the lake is not something either favors. He pointed out that Council wants to preserve and enhance the aesthetics. Responding to a Council question, Mr. Hoffman stated that he proposes to place the easement on most of the green space along Lake Augusta and Lake Lemay and even to a pond in the northwest area. The easement is to protect the lake, the slope and the vegetation. He stated that he would envision the easement will surround the property. Mayor Mertensotto expressed concern about the drainage easements. Councilmember Krebsbach noted that the Planning Commission recommended that the outlots be removed and the lot lines be extended. Mr. Coyle responded that Hoffman Homes prefers that the property be kept as outlots because Hoffman Homes does not want to burden the property owners with unusable property so that would be taxed. Hoffinan Homes prefers that the homeowners' association own the outlots to avoid the burden to individual property owners. Page No. 9 March 16, 1999 Mayor Mertensotto stated that the Ivy Falls townhouse development in the city, constructed several years ago, has outlots owned by the homeowners' association and the home owners must contribute annually to cover the cost of insurance and taxes. The members are paying increased insurance and taxes and some are now saying that they will let the land go tax forfeit and the members of the association are fighting with each other. Mr. Coyle responded that he misstated the proposal, stating that the intent of the developer is to deed 1/46"' interest to each of the outlots to each of the lots. Mr. Hoffman stated that his experience with Dakota County is that there is concern with tax forfeiture and they have if the equal portions of the outlots are distributed to each of the lots, there is no option to have the outlots taxed separately. Mayor Me rtensotto responded that he would have no problem with the approach. Councilmember Dwyer stated that if it can be worked out in the manner Mr. Hoffman proposed he would be agreeable, but Council 1 is not interested in outlots unless each of the lots receives a portion of the outlots. Mr. Coyle informed Council that Hoffman Homes disagrees with the Planning Commission and would prefer to retain the outlot design. Hoffman Homes also disagrees with public access to Lake Augusta. There was discussion has to whether there would be lakeside public access, and Hoffinan Homes has committed to working on an overlook off the public trail. Councilmember Krebsbach asked Mr. Coyle if he would speak to the Parks and Recreation Commission's opposition to the plan and their interest in more dedicated park space. Mr. Coyle responded that Hoffman Homes discussed with the Commission the question about providing an informal landing area for someone who may want to put a canoe into the water, but Hoffinan disagreed with the Commission. He stated that Resurrection Cemetery would not agree to public access and that Hoffinan Homes is also trying to protect the terrain and does not want to undo the protection that is proposed by opening an access to the lake. Page No. 10 March 16, 1999 Mr. Hof man stated that the Parks Commission was not interested in developing features on the north end of the lake and that if anything were provided it should be an overlook from the trail. He stated that the Commission did not have unanimous approval and passed another motion saying they would like to get as much park land, a small access on the north end, the area near the peninsula between Lake Lemay and Lake Augusta, with the idea that maybe they could get some of the peninsula in the future. Mayor Mertensotto expressed concern that the peninsula could be split up. He stated that Augusta is not a public lake to begin with and the last thing the cemetery wants is to open the lake to public use. Mr. Hoffinan responded that the Park Commission consensus was that they did not want to open it up to canoes and that his response was, that he is not providing any docks or any access from his development. Responding to a question from Councilmember Krebsbach about whether there is an adequate buffer to the highway, Mr. Hoffinan stated that Mn/DOT between the Mn/DOT right -of -way and the service road, there is a substantial setback to the property. He did not understand the Commission's concern about the buffer. He stated that the Commission was apparently interested in removal o some of the units, and there was discussion about expanding the park land but there was no agreement. Responding to a question from Councilmember Schneeman regarding the overlook proposed by the Park Commission, Mr. Hoffman stated that it appears to him that it would be in the open and there would be nothing to see, but he would be willing to do whatever the city recommends. Councilmember Huber stated that he does not like the Park Commission's motion regarding park dedication. He stated that this development is relatively removed from the rest of the city and the developer might very well want to create some walking space for the residents who live there. He further stated that he is not sure that would suffice as a park dedication to the city that the city would not partake in. The pedway would not serve any public purpose. Mayor Mertensotto agreed, stating that this could also be a public j safety issue. He pointed out that this is a secluded area like the Rogers Lake trail and people are concerned about walking there Page No. 11 March 16, 1999 except in a group.. He felt that the police department should review the proposal for public safety issues. Mr. Coyle stated that the developer is providing a linkage to the areas staff recommends and would extend the trail from the Hoffinan plat. The city would construct a link to future city bike trails. Mr. Hoffman stated that at the request of the city, Hoffinan Homes is providing area for north and south trail access. He felt that it would be an amenity to the people who live in his development, but the question of the Park Commission was whether the trail is public or private. He informed Council that he plans to construct the trail now so that he can avoid a fight with the property owners in the future when the city may want to make it public. He committed to putting the trail in to his property line. Councilmember Krebsbach commented that at least the public would have access to the trail and it also leaves the trail open to connection trail if there is future development in the area. Mr. Hoffinan stated that the city must take a look at the overall trail system and if the trail would go nowhere it would be pointless to construct it. Administrator Batchelder noted that there is a city trail on the north side of the frontage road, and.the proposed trail could be extended across the Mn/DOT property to the city trail. Mayor Mertensotto stated that addition study must be done before approval can be given on the project because there are too may questions that must be resolved. Councilmember Huber stated that he would like to see how much of an offset this is in terms of park dedication and that he would like to know what the city is getting. He agreed that Council needs further information. Mayor Mertensotto asked how much brick and how much stucco there will be on the units so that Council knows what is being proposed and also so that there will be no change from what Council is shown. Mr. Hoffinan reviewed an architect's rendering, stating that the units will have all -brick fronts and that the sides and backs will be full stucco. He showed elevations of the structures, stating that there will Page No. 12 March 16, 1999 be no siding material other than brick and stucco. The stucco will be warm sand in color, the windows will be terratone, the soffits will be ivory and the brick color will be canyon mist. He stated that all of this information should be put into the developer's agreement and that he will commit to them. Mayor Mertensotto stated that he is concerned about noise attenuation and that the city should be innovative. He stated that he would like to know what the decibel reduction will be, from the exterior to the interior, because of the design that is being used. He asked how the units will be vented. He stated that when the aircraft come over, vents pick up the noise and amplify it. He informed Mr. Hoffinan that the city must be proactive on the issue. He pointed out that people can go into the Mn/DOT facility and not hear any aircraft. To eliminate the noise requires a certain design. He stated that he would like to know what the decibel level will be inside the structures, which is why he would like to talk to Mr. Braslau. He pointed out that the Part 150 program just tries to reach a 5% reduction. Mr. Hoffinan stated that he is working on a 30 Dba reduction. The units will be noise zones 3 and 4, most being in zone 4. Noise Zone 3 construction requires 30 Dba, and zone 4 requires 25 Dba. Councilmember Dwyer stated that a condition of approval could be that Hoffinan Homes represents to the city what the Dba would be inside the units and that would be a warranty to the city. Mr. Hoffman responded that the Metropolitan Council has set the initial criteria and he agrees that the inside level must be known. The Metropolitan Council will not sign off on the project unless Hoffman Homes can show proof of the right noise reduction. Mayor Mertensotto stated that Council is not interested in what the reduction is but rather is concerned about the Dba inside the units. Council wants to know that people will be able to carry on a conversation when aircraft go over their homes. Mr. Coyle responded that Mr. Braslau told the developers that this project is actually overdesigned. Hoffman Homes volunteered to be the guinea pig two years ago for noise reduction — that was Hoffinan Homes' commitment two years ago and it remains the commitment tonight., Page No. 13 March 16, 1999 Mayor Mertensotto stated that he thinks the concern on street grade by some members of the Planning Commission is a very legitimate concern. He further stated that there is no way he could buy into a 7- 8% grade. Mr. Coyle responded that there is no grade issue on the access way and Hoffinan Homes is trying to work the grades out with city staff. Councilmember Dwyer asked Mr. Coyle if he can give Council assurance that the grade will not be 8 %. Mr. Coyle responded that he will give that assurance. The project's design engineer stated that the plan shows a 6.6% grade through the intersection with T.H. 13. Hoffman Homes would like to have an 8% grade in portions of the roadway. He stated that the grade will be flattened out to about 4 or 5% at the intersection. Public Works Director Danielson informed Council that there will be no homes constructed along the segment of the road that is proposed at 8 %, and that the developer has been working with City Engineer Marc Mogan. Mayor Mertensotto stated that if there are no homes along the 8% grade Council does not need to worry about driveway access. He asked why it cannot be flattened. The engineer responded that flattening the grade would required removal of trees and adding a retaining wall. He explained that all of the grades that are proposed fall within engineering standards. Councilmember Schneeman stated that she visited the site and there is quite a steep ravine. Councilmember Dwyer stated that another issue raised by the Planning commission was who would do the improvements. Hoffman Homes proposes to do the work and turn the improvements over to the city. He stated that this has been done before but with mixed results. Mr. Hoffinan responded that he picks quality contractors and has more control over timing and quality of the improvements but understands the city's needs and is open to a city project. Page No. 14 March 16, 1999 Mayor Mertensotto responded that the city must do the design work and goes through the bid process. Mr. Coyle stated that Hoffinan Homes would like to have the ability to select the contractor through the bid process so that they can get a contractor that Hoffinan Homes approves of Councilmember Krebsbach asked if a lot more trees must be removed because Hoffinan Homes shortened the cul -de -sacs, as recommended by the city. She also asked if this is less of a secluded development as a result. Mr. Coyle responded that there is no question that as a result of going to the separated access to reduce the length of the cul -de -sac segments there is less seclusion. He stated that there would have been less of a grade impact and less tree loss with the longer cul -de- sacs originally proposed. Councilmember Krebsbach stated that the one thing she does not want Council to do is appreciably affect the seclusion of the development and that she does not want to take away one of the main features of the site (the woods). Councilmember Dwyer stated that it is his understanding that the development will still be heavily wooded. Mr. Hoffinan responded that it will be if he can accommodate the slope'issue. He stated that he likes the feeling of the road because there is still a grove around the entrance. Responding to a question by Councilmember Huber, Mr. Hoffman stated that Commissioner Friel had proposed that one of the lots include the area from one of the outlots, and this could be done if the city desires. He stated that he can accommodate the city however it wishes. The goal is to protect the grades and the vegetation, prevent tax forfeiture and prohibit future use of the outlots. Councilmember Dwyer stated that he thought there was a tentative agreement that there would be a 1/46"' allocation of the common area to .each of the units provided that the city receives notification from the county that the property would be taxed that way and the city would not need to be concerned about tax forfeiture. He stated that the home owners would be paying the tax bill for their property plus 1/46' of the outlot area. Page No. 15 March 16, 1999 Mr. Hoffman responded that this would be his preference. Mayor Mertensotto stated that there a conservation easement over the outlots that runs in favor of the city might be a better way to go, but he sees what Mr. Hoffman is trying to accomplish and his proposal would eliminate the tax forfeit issue. The City Attorney responded that the 1/46th allocation makes the most sense to him. Councilmember Dwyer asked for questions and comments form the audience. Mayor Mertensotto stated that he supports the project if all of the details can be worked out. Park Commissioner Stan Linnell stated that the Park Commission had discussed taking some of the land rather than the cash donation of. He informed Council that he suggested a lake access or overlook towards the north end of the project but the Commission felt that was not appropriate. Towards the end of the discussion, the Commission discussed that the land to the south might develop as industrial use and the city could perhaps get some land as park dedication to connect to this land. He did not know if it is zoned industrial but assumed it is not residential. He stated that one of the Hoffinan Homes drawings had a sidewalk and he could see the benefit of a sidewalk to the residents of the development. Responding to a question from Councilmember Dwyer, Mr. Coyle stated that the trail system that is proposed is on the street. Mr. Linnell stated that the path connections are the critical elements and whether it is advisable for the city to acquire the peninsula for open space. Mayor Mertensotto responded that is where the city should look at a potential pedway system. He stated that Council needs to take a look at that issue — a detailed study needs to be done. In response to a question from Councilmember Schneeman, Mr. Coyle stated that he will find out how deep Lake Augusta is. There being no further questions or comments from the audience, Councilmember Huber moved that the hearing be closed. Page No. 16 March 16, 1999 Counciimember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer stated that the feeling of Council is that Council is leaning strongly towards approval of the project but there are some issues that need resolution: noise attenuation, trail system, and City Attorney input on the outlot conservation easement issue. Mr. Coyle asked for contingent approval this evening, contingent upon resolution of Council's concerns. He stated that the formal submittal was in February and that Hoffman Homes will waive any time constraints. He stated that based on the comments from Council and the Planning Commission, Hoffinan Homes must spend considerable money to take care of Council's concerns about noise and the Metropolitan Council's concerns about noise. He stated that Hoffinan Homes needs something from Council so that they can get Metropolitan Council review in motion. He explained that Hoffman Homes must also do an archeological survey, and in order to make such significant investments, the applicant needs some support form the city. Mr. Hoffinan stated that the Planning Commission recommended i concept approval, and the plan has received support for the concept by Council. He stated that the Metropolitan Council's objection has been removed and he would like approval tonight subject to approval of whatever details Council would like. Mayor Mertensotto noted that Hoffinan Homes has applied for a comprehensive plan amendment and rezoning. He pointed out that the city would not have to change the zoning to residential. He understood that Hoffman Homes will be spending considerable money and needs to know if this is a viable project but that Council cannot give approvals tonight. He stated that he must speak to David Braslau to be sure that the groundwork Council lays by this project will not be an impediment to development of future sites. Mr. Coyle stated that part of the dilemma is that Hoffinan Homes must go, through the Metropolitan Council process for comprehensive plan amendment evaluation — the Metropolitan Council is presuming that kind of application is coming to them. Hoffman Homes has demonstrated its intention to work with the city and the Metropolitan Council and is trying to achieve the best practices design with the Metropolitan Council. Page No. 17 March 16, 1999 Mayor Mertensotto responded that Council could give preliminary approval for the design concept and PUD with a project limited to 46 units. Mr. Coyle stated that at the same time Hoffman Homes works with the Metropolitan Council on the noise issue, he hopes to make ground on the Metropolitan Council comprehensive plan amendment review, which is a two part process. He stated that if Hoffman Homes has to go through the noise issue and then the comprehensive plan issue they would be out of the construction season. Mayor Mertensotto asked if Council can direct staff to file the an official application for comprehensive plan amendment with the Metropolitan Council. Administrator Batchelder responded that Council would be acting on the comprehensive plan amendment of the application and what would remain would be the PUD for conditional use permit, subdivision and wetlands permit. Councilmember Schneeman stated that Hoffman Homes has a timeframe to address. Administrator Batchelder responded that if Council approves a comprehensive plan amendment this evening and authorizes staff to seek approval from the Metropolitan Council, the Metropolitan Council would be obligated to respond to the city within a certain timeframe. Mayor Mertensotto moved to grant to Hoffman Homes preliminary design concept for a planned unit development consisting of a maximum of 46 residential units, proposed as shown on the drawings before Council this evening, on the Hoffinan Homes site. Councilmember Dwyer seconded the motion. Councilmember Krebsbach stated that she would like to further define what the concept is. Mayor Mertensotto responded that Hoffman Homes has made representations to Council; they displayed the exhibit including brick fronts and stucco and all of the other representations. Mr. Coyle asked if Council is also going to approve the preliminary plat this evening. Page No. 18 March 16, 1999 Mayor Mertensotto responded in the negative, stating that Council must set the basis for requesting the Metropolitan Council to approve the comprehensive plan amendment. Mr. Hoffinan stated that there are a number of the items that were discussed tonight that Council is uncomfortable with in terms of proceeding with the preliminary plan. The major issue will be airport noise, and if he receives approval from the Metropolitan Council, Mr. Hoffman stated that he will come back in short order so that he can work with his bank on financing. Mr. Hoffinan stated that there is a comfort level with the noise level, and agreement has been reached on other issues, and Council has given requirements which must be met in order to gain final plat approval. He understood that preliminary plan approval gives Council the opportunity to make changes in the final plat. He also stated that Hoffinan Homes can address the technical issues in the near future. Mr. Hoffman stated that he will commit to paying for the trails and forgetting the park credit. The grades can be changed from 3:1 to 2:1. The major problem is how to work with the Metropolitan Council and MAC. Mayor Mertensotto stated that Council is not at the point where it can give preliminary plat approval but that Hoffinan Homes can come before Council again whenever they are ready. Councilmember Krebsbach reiterated the issues that have been addressed, including: street layout, number of units, outlots, and structures as shown in the drawings. Councilmember Dwyer pointed out that if Hoffinan Homes changes their minds when they come for final approval, Council could say no. What was discussed and shown to Council this evening is the basis for the preliminary approval, and Council is protected by using the preliminary concept approach. He stated that Hoffinan Homes will present to Council in final form what they have presented today, which is on file with the city. Ayes: 5 Nays: 0 Mayor Mertensotto moved to direct staff to file a formal application with the Metropolitan Council seeking comprehensive plan amendment on the property that has been referred to as the Hoffman Page No. 19 March 16, 1999 Homes site, to authorize the developer of that property to enter into residential development consisting of no more than 45 residential units with single entry. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 WENTWORTH PARK Council acknowledged a memo from Parks Project Manager IMPROVEMENTS Guy Kullander regarding hockey rink paving and replacement of the warming house in Wentworth Park. Councilmember Dwyer reviewed the recommendation and prior Council discussion on the issue. He stated that the question at that time was how the improvements would be financing. The Parks Commission has recommended that $80,000 be spent for the project and that it be funded by the Special Park Fund. He acknowledged drawings of the proposed 24 by 30 foot dual purpose structure. Mr. Kullander stated that he presented the commission with a concept to replace the warming house with a modified garage with regular siding and doors but the commission wanted rock face block in the design. That is why block piers and columns are used and why there are cedar shingles. Mayor Mertensotto stated that he would support the rink paving but that he has a problem with the combination activity /warming house. The estimated cost is $42,000 for the structure, and he felt it is a significant mistake to build a public structure for public use without restroom facilities, especially if it is to be used in the winter. Councilmember Schneeman stated that there are satellites in the parks now. Responding to a question from Councilmember Dwyer, Mr. Kullander stated that it would cost $20,000+ to extend utilities into the property plus another $10,000 for the bathrooms. He explained that the proposed "caged" area is for storage of tables, etc., in the summer. Mayor Mertensotto asked why there are no walls rather then fencing. Councilmember Dwyer asked whether there was any Park Commission discussion about the absence of bathroom facilities. Page No. 20 March 16, 1999 Mr. Kullander responded that the commission discussed similar issues in the past but the cost to bring utilities into the parks is prohibitive. Councilmember Huber stated that there is also an issue of vandalism and maintenance. He stated that the building would have to be locked up. His concern is putting some much money into a building. He wanted to see more information about the non - winter use. He stated that there is no way Council would spend so much for just a warming house that would be used less than 2 months a year. There is no way he would support $45,000 for warning houses, which is why he needs more information about how the building would be used in the summer months. He also questioned whether this would be the appropriate park for such a facility. Mayor Mertensotto stated that he also thinks the design is not practical. He did not think Council should carry the design from the other parks. He did not feel the proposed design is functional, particularly since no bathrooms are proposed. Councilmember Krebsbach stated that approving the proposed structure would be taking the parks in a different direction. One of the concerns she had was about summer use and the lack of ventilation or windows. She stated that she would want to be certain that there would be proper ventilation. Mr. Kullander responded that windows are vandalism problems but that he could look at putting Plexiglas windows at the top of the structure. Mayor Mertensotto agreed with Councilmember Huber's point about whether Wentworth Park is the appropriate park for such a structure. Councilmember Schneeman stated that the warming house in Wentworth Park is a mess and something needs to be done. The people who use it feel it is too small. She felt that Council needs a broader look at what the city will be doing with the rinks in the future, such as whether there will be indoor rinks in the future. She wanted to see a different format for rink attendants also, such as recruiting senior citizens, pointing out that some of the warming houses were never opened. Councilmember Huber agreed that the existing warming house is inadequate. Page No. 21 March 16, 1999 Councilmember Huber agreed that the existing warming house is inadequate. Councilmember Krebsbach stated that she would be in favor of building a larger warming house that would not be used in the summer rather than building the proposed structure. Councilmember Dwyer stated that staff should indicate to the Park and Recreation Commission that if they wish to simply build a larger model of the warming house that currently exists, Council would be willing to do that. Councilmember Huber moved to approve an expenditure of up to $38,000 on the paving of the Wentworth Park hockey rink from the Special Park fund and sending the warming house issue back to the Park and Recreation Commission with Council's comments. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 NDC -4 JOINT POWERS Council acknowledged a draft of the amended Joint Powers Agree - AGREEMENT ment for NDC4, provided by Councilmember Huber, along with an associated memo from the City Administrator. Councilmember Huber explained that there are two issues, franchise renewal with Media One and proposed amendments to the joint powers agreement with NDC4. He explained that the draft of the proposed agreement does not necessarily represent the feeling of NDC 4 but he wanted to give Council an opportunity to review and comment on it. The cable commission will give formal review in April and then it will come back to all member cities for review and approval. If there are some issues Council feels very strongly about, such as weighted votes, he would like to get Council's preliminary feedback. There was discussion over weighted voting and its impact on Mendota Heights. Mayor Mertensotto pointed out that each community has two representatives. He stated that there seems to be some urgency to getting a new joint powers agreement and asked if there is a movement afoot to renew the franchise with Media One. Councilmember Huber responded that the franchise expires in March, 2000. He further stated that in the new joint powers Page No. 22 March 16, 1999 agreement Council would want to look at when a city could give notice as to when they are leaving. The question is whether Council wants to try to tie the cities into some period of time. Mayor Mertensotto responded that this is the city's first joint powers agreement for cable but many other communities have had agreements for years. He felt that Council should make comparisons to other agreements. He noted that the cable commission is heavy into the renewal process and there are many issues in that regard such as using cable for transmission of data. He stated that he is looking at the service that the commission is providing for its subscribers and that he thinks there should be some different classification set up — basic service is to basic. Councilmember Dwyer stated that this is essentially the first reading on the draft agreement. He recognized Councilmember Huber for the time he has spent on the issue as the city's representative on NDC4 and deferred to his judgment on the agreement. He asked that Councilmember Huber let Council know what points he thinks Council needs to address. Responding to a comment from Councilmember Schneeman regarding West St. Paul's suggestion that the percent of NDC4 revenues returned to cities to from 15% to 25 %, Councilmember Huber responded that there is real concern by the FCC that cities are taking franchise fees and using them on non -cable related projects. Councilmember Krebsbach agreed that Council should go with whatever recommendation Councilmember Huber makes. The bigger issue is the services available to the residents and whether the Cable Commission should continue with this franchise or go to a different provider. Councilmember Huber stated that he will bring the issue back before Council for formal approval in the future. COMIVIISSION INTERVIEWS Council acknowledged a memo from Administrator Batchelder regarding the scheduling of interviews for candidates for Parks and Recreation Commission appointment. It was the consensus to conduct the interviews at 7:00 p.m. on April 20 prior to the regular Council meeting. Page No. 23 March 16, 1999 WORKSHOP Coucil acknowledged a memo from Administrator Batchelder regarding the scheduling of a workshop on the comprehensive plan amendment. It was the consensus of Council to conduct a comprehensive plan workshop on April 14. COUNCIL COMMENTS Mayor Mertensotto informed Council that he spoke to Kari Gill, from the HRA, regarding senior housing and that she informed him that the HRA. would like to build another senior facility along the Dodge Nature Center, to the north of the existing senior facility. Mayor Mertensotto informed Council that he spoke to the attorney for the MAC regarding the city's request to amend its agreement with MAC regarding the prohibition against a third parallel runway to the north. He stated that Minneapolis has received a fifty year agreement and he understands that if the MAC enters into any agreement with another city that contains any more restrictive features, that the MAC would amend the Mendota Heights agreement. He informed Council that the MAC attorney stated that he has no problem with amending the agreement. He also informed Council on significant construction that will occur to the airport beginning in the coming weeks. Councilmember Krebsbach commended the school district for its decision to keep Somerset School open, pointing out that it is an important and historical facility in Mendota Heights. Mayor Mertensotto stated that the city's snow removal policy needs more clarification and indicated that he will talk to the Public Works Director and Public Works Superintendent. ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:13 p.m.: athleen M. Swanson City Clerk J ATTEST: LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL March 16, 1999 Excavating Contractor License Fogerty Excavating, Inc. Turner Excavting Co. Gas Piping Contractor License A-1 Heating & Air Conditioning Bruce Nelson Plumbing & Heating Service Inc. HVAC Contractor License A-1 Heating & Air Conditioning Dependable Indoor Air Quality, Inc. Bruce Nelson Plumbing & Heating Service Inc. General Contractor License E.L. Bulach Construction Co., Inc. ECI Building Contractors Valley Pools Inc. Drywall/Stucco Contractor License Stern Dry-wall Inc.