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2007-09-18 City Council minutesSeptember 18, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 18, 2007 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, and Schneeman. Councilmember Vitelli was excused. PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Schneeman moved adoption of the agenda as presented. Councilmember Duggan seconded the motion. Councilmember Duggan moved to approve the minutes of the September 4, 2007 City Council Meeting as corrected. Commissioner Schneeman seconded the motion. CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar as presented, pulling items c., h., and i. for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Agenda. b. Acknowledgement of the September 11, 2007 Park and Recreation Commission Minutes. c. Acknowledgement of the Pilot Knob Phase 2 — Status of Site Purchase and Management Plan. d. Acknowledgement of a memo regarding City Hall Landscape Improvements. e. Acknowledgement of a report on Par 3 Financial Status, August 2007. f. Acknowledgement of a state pen-nit application for a Fireworks Display at the St. Thomas Academy Homecoming. September 18, 2007 Page 2 g. Authorization for Out of State Training for Officer Brian Convery. h. Authorization for issuance of a Purchase Order for New Office Furniture for the Public Works Director. i. Adoption of Resolution No. 07 -91, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF $750.00 TO THE CITY OF MENDOTA HEIGHTS FOR THE INSTALLATION OF A PARK BENCH." j. Adoption of Resolution No. 07 -92, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFTS TO THE CITY OF MENDOTA HEIGHTS." k. Adoption of Resolution No. 07 -93, "A RESOLUTION APPROVING TENTATIVE 2007 LEVY COLLECTIBLE IN 2008." 1. Adoption of Resolution No. 07 -94, "A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENT ROLL, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE COPPERFIELD NEIGHBORHOOD STREET REHABILITATION PROJECT (PROJECT NO. 200613." m. Adoption of Resolution No. 07 -95, "A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING THE PREPARATION OF PROPOSED ASSESSMENT ROLL, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE IVY FALLS NEIGHBORHOOD STREET REHABILITATION PROJECT (PROJECT NO. 200603." n. Approval of the List of Contractors dated September 13, 2007. o. Approval of the List of Claims dated September 18, 2007 totaling $637,803.67 Councilmember Duggan pulled Item c, and commended all the parties involved in working on the project, stating that the City is very close to acquiring all the Pilot Knob land that is available to the City. He stated that he feels Council has saved perhaps the most significant land in all of Minnesota. Councilmember Duggan moved to accept the Pilot Knob Phase 2 — Status of Site Purchase and Management Plan as presented. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Ayes: 3 Nays: 1 (Councilmember Duggan) September 18, 2007 Page 3 Councilmember Duggan pulled Item h., stating that he has done some research on pricing of office furniture at Office Max and suggested that a motion be made to say "office furniture not to exceed $5,000." Councilmember Duggan said the proposed $8,000 seems a bit high. Councilmember Schneeman said she disagrees and said she was recently in Rochester and was approached by someone who found out she was from Mendota Heights. This person said he was the architect who designed the City Hall building and said the building was a model for other cities. This person also said they went with the best quality and design for the office furniture. Councilmember Schneeman said she had heard that the furniture design, Herman Miller, is very high quality. Councilmember Schneeman said Ms. McDermott's furniture is well over twenty years old, and any new furniture should match with the rest of the building. Also, the City receives a 55% discount because of being a municipal body. Mayor Huber said he was ok with the proposal as it is. Councilmember Krebsbach asked Guy Kullander to speak on this issue. Mr. Kullander said he has looked at other types of furniture, and other suppliers. City Council, in 1988, authorized Herman Miller furniture and he feels the Herman Miller quality is much better and will last much longer than other furniture. Councilmember Schneeman moved to authorize the City Administrator to issue a Purchase Order to Intereum in the amount of $7,899.48. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach said the City just approved a preliminary levy and the cost of government keeps going up, She asked Mr. Kullander to always assure he is getting the best price and value possible and to make sure things stay in good repair. Councilmember Schneeman pulled Item i., and said the park bench donation program is one of her greatest interests and she is thrilled that the Schusters have purchased one. Councilmember Schneeman reminded the residents of the September 18, 2007 Page 4 city that the City always has places to put more park benches, and they are very well used. Councilmember Krebsbach thanked Mr. and Mrs. Schuster for this purchase, and stated that the Schusters, who have struggled with issues regarding their own property in the past, made a very generous donation. Councilmember Duggan moved adoption of Resolution No. 07 -91, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF $750.00 TO THE CITY OF MENDOTA HEIGHTS FOR THE INSTALLATION OF A PARK BENCH." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Kullander gave an update on the Pilot Knob management plan and spoke about Great River Greening organizing a planting session. Mr. Kullander shared pictures of this event. Mr. Kullander said support has come from partners (City of Mendota Heights, Lower Minnesota Watershed District, Minnesota Environmental Trust and Natural Resource Trust Fund, Mdewakanton Dakota Community, Starbucks). Starbucks has a group that they call "Make Your Mark Volunteer Program," and he believes half of the volunteers were from various Starbucks stores around the area, as well as providing coffee and donuts. Mr. Kullander asked the Council to support this project and direct staff to send a letter of thanks on behalf of the City to each of the volunteers. Councilmember Krebsbach said she visited the site previously and viewed all the rakes, barrels, etc. and now there is no sign of this and the site is totally cleaned up. Mr. Kullander said the Mdewakanton Community provided lunch after the cleanup so everything was taken and cleaned Up. Councilmember Krebsbach moved authorization for Staff to send a thank you letter to each of the volunteers who contributed their time and talent to this project. Councilmember Duggan seconded the motion. Ayes: .4 Nays: 0 September 18, 2007 Page 5 PRESENTATION School District #197 School Superintendent Jay Haugen presented an overview of the school district's upcoming levy referendum. Mr. Haugen thanked the Council for their time to listen to his presentation which highlighted: School district covers West St. Paul, Mendota Heights, Eagan, Sunfish Lake, and parts of Inver Grove Heights. In addition to K -12, the school district has early learning programs. Somerset Elementary — outstanding test scores. • Friendly Hills — exceeding expectations. • Henry Sibley — preparing students for college. ALMSA - - program for Latinos. 2006 — 2008 budget cuts were $1.6M. 2007 is the last year for the 7 -year levy. Budget cuts affect teachers and staff. Need to replace the expiring levy to balance the budget. Mendota Heights has the lowest levy in the area. Mayor Huber said the levy vote is scheduled for November 6th and residents can visit ,vww.isd197.ora for information on polling locations and other information. Councilmember Krebsbach asked Mr. Haugen to speak to the Minnesota comprehensive assessments for the "No Child Left Behind" program. Mr. Haugan said that district wide, ISD 197 has mirrored the state pretty well. This program is to ensure that 100% of all students will pass 100% of all groups by 2014, and about 1/3 of all schools in the state do not make adequate yearly progress. ISD 197 currently has three schools (Heritage, Henry Sibley, Garlough) who had at least one student who did not pass. Councilmember Duggan asked Mr. Haugen if he would comeback to a future council meeting to give an update on the construction progress. BID AWARD Finance Director Kristen Schabacker informed Council IMPROVEMENT BONDS that bids were opened this morning for bonds to finance three street improvement projects. She introduced Stacie Kvilvang, Ehlers and Associates, to present a tabulation of the bids received. Ms. Kvilvang said the Council, at their September 4th meeting, asked Ehlers and Associates prepare documents for September 18, 2007 Page 6 the sale of $1,595,000 in general obligation improvement bonds for 2007B road reconstruction projects (Kipp Project, Copperfield Mill and Overlay, and the Ivy Falls Project). Ms. Kvilvang said an official statement has been prepared which outlines all the details of the sale and the primers of financials of the city. The sale was held at 10:00 am this morning. Moody's has confirmed the city's rating at AA2. Ms. Kvilvang outlined some highlights from this report: The city has a mature and well paid tax base, and is a favorable location near the twin cities metro area. Growth in the city's full valuation has been rapid at an average annual rate of 12.5% for 2001. Strong financial position characterized by a history of ample reserve levels. Socio - economical indicators are above average with medium family income at nearly 107% and 165% for the state levels respectively. Healthy fund balances due to prudent management on nearly 80% of the general fund budget. Rapid amortization of debt Ms. Kvilvang said three bids were received and Ehlers and Associates recommend approving the bid to Wells Fargo for a 4% rate. Councilmember Krebsbach asked if Wells Fargo did the bids for the Par 3. Ms.Kvilvang said she did not know and had to look it into this. Councilmember Schneeman moved adoption of Resolution No. 07 -96: "A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,595,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007B, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CDA HANDICAP BARRIER Mr. Kullander reviewed his memo regarding bids to remove REMOVAL / INSTALLATION handicap barriers that are in the parks and to also work OF CONCRETE PADS with the Special Park Fund to put in bleacher pads in the parks. Costs were estimated to be about $40,000, and this cost would be split 50 -50 with the two funding sources. September 18, 2007 Page 7 The lowest bid came in at about $80,000, which is double the project estimate and staff recommends denial of these bids. Councilmember Krebsbach moved to reject all bids as proposed. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 TRAIL REPAIR Mr. Kullander reviewed his memo regarding bids to repair VALLEY PARK portions of trail that was damaged by Xcel Energy when they replaced transmission towers and power lines. Mr. Kullander said Xcel will participate in the cost of this repair, but rather than take out the 400- 500 feet of bad material, staff feels it would be better to overlay the whole section of the trail so that it is smoother and more consistent. The low bid was submitted by Pine Bend Paving for $11,500. The remaining funds in the trail maintenance line item are about $12,000. Staff will be negotiating with Xcel to see what portion they will compensate the City for. Councilmember Schneeman asked if they caused most of the problem. Mr. Kullander said this is an old section, and the material is very soft. Over the years, some sinking has occurred, but Xcel's equipment made it worse. Mr. Kullander said staff does not feel it is fair to make Xcel pay for the whole thing. Councilmember Krebsbach said staff should ask that question to see . if they would, because they did cause significant damage. Councilmember Duggan asked where, based on the City's normal trail maintenance and repair, this particular area would come into consideration. Mr. Kullander said this section has been on the list since 1990. Councilmember Schneeman moved to award the bid to Pine Bend Paving for the reconstruction of the Valley Park Trail as presented. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 September 18, 2007 Page 8 Mr. Kullander said he will ask Xcel if they will pay all the costs. STREET STRIPING Mr. Kullander reviewed his memo regarding bids to re- striping approximately three miles of city streets: • Lake Drive (Dodd Road to Mendota Heights Road) Victoria Road (Lexington Avenue to Highway 13) Centre Pointe Drive (Lexington Avenue to Centre Pointe Boulevard) Dakota Drive (Lexington Avenue to Highway 110 South Frontage Road) • Mendakota Drive (Dodd Road to Mendakota Circle). Mr. Kullander said low bid came in around $7,600 and there is still about $11,000 available in the street striping line item of the budget. Because the bid came in so low, he would like to add three more streets that also need striping to bring the total bid to just under $10,000. Councilmember Schneeman moved to award the bid to Century Fence. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 CASE NO. 07 -33 Assistant to the City Administrator Jake Sedlacek MENDOTA PLAZA reviewed the Comprehensive Plan amendment and rezoning request, which was continued from the September 4th meeting to allow the Council to further review this case. Mr. Sedlacek stated that this parcel is currently guided with three different land use designations: Mixed Use PUD (MU- PUD), Nature Preserve (NP), and High Density Residential (HR). The property is also zoned with three different designations: Shopping Center (B -4), Low Density Residential (R -1A) and High Density Residential (R -3). Mr. Sedlacek reviewed the comprehensive plan definition of Mixed Use PUD. The intent of a Mixed Use PUD is to allow for mixed use developments that combine commercial and residential uses into a coordinated land development project. The applicant, Paster Enterprises, wishes to combine the three designated zones into one, that being the Mixed Use PUD. September 18, 2007 Page 9 Councilmember Krebsbach asked if the shopping center site is currently a PUD and if everything must come back to Council for approval for any change. Mr. Sedlacek said that is correct. Councilmember Krebsbach said there has been a request for signage for Royal Furniture and she asked why Council is having so much trouble getting a sign it wants since the shopping center is a PUD. Councilmember Krebsbach said she has not seen any advantage to the City from having a PUD on this property. Mr. Sedlacek said the proposal for the signage has fit all the necessary criteria of the PUD. Councilmember Krebsbach asked if the City can initiate changing the criteria, or is it always at the discretion of the owner. She questioned what the advantages are to the City by having a PUD on the property. Mr. Sedlacek said there is not much the City can do if the owner is working within the requirements. Councilmember Krebsbach said that this will also mean that the City cannot impose any changes or restrictions either. She stated that Council agreed to the signage for the hardware store and now there is a furniture store wanting to use all that signage. City Attorney Tami Diehm said the City can request a change to the sign criteria, but once the City approves a PUD, the applicant has to be able to rely on that approval. The City cannot unilaterally change it. In the PUD process, when the next phase comes forward, the City then has the ability to look at the whole. Councilmember Krebsbach said the City is getting nowhere with this PUD and she does not support a PUD on this property, and would rather keep the zoning just the way it is. Councilmember Krebsbach said she wants the portion that is designated NP to stay that way. Mayor Huber says he has the most trouble with this because parts of the site is guided /zoned in a different manner, and he thinks it has been most troubling in respect to the residential. He feels strongly that there needs to be a rock solid commitment from the applicant to put in residential development. He has absolutely no interest in giving up that residential zoning. Mayor Huber said the City's best level of control is the comprehensive plan and zoning, and would be very disinclined to move away from the residential aspects of the zoning. By approving this amendment to change, and put this all to PUD, on the hope that the developer will put in some residential down the road does not work for him. September 18, 2007 Page 10 Councilmember Duggan said in the City's book, under Section 12. 11.4.b., it says "the City Council shall have the authority to determine the allowed density based on the quality and components of the PUD, said density may be lesser or greater than that prescribed." Councilmember Duggan said one of the issues that has been raised is the definition of a mixed use PUD, and at what point is residential included in this. Going back to the Comprehensive Plan, under Section D -5, "to accomplish a mixed use residential" is clearly stated, as it is in Section 12.11.3 in the City's zoning book where it says "to encourage a diversity of housing types," which is also clearly stated. Councilmember Duggan said that all of this language indicates that the City Council is entitled to and shall have residential in this and it should be up front because that is at their discretion. Councilmember Duggan said the City is entitled to know about, not just that there might be some, but that the City wants to know what it is, what dimension it will be, architecturally what size it will be, etc. Councilmember Duggan said it is stated in the Comprehensive Plan "prior to establishing a land use plan, or modifying the existing land use designations, the City must fully understand potential ramifications of these actions." Councilmember Duggan said he believes the Council does not have clear understanding of what the ramifications are, especially if this proposal is approved at this time. Councilmember Duggan said he also has a major concern with the impervious surface and asked Staff to clarify the percentages. According to the MU PUD requirements, almost 75 % of the site should be open and only 25% impervious. Ms. McDermott said she believes the ordinance says that there can be up to 75% impervious and 25% pervious surface. Councilmember Duggan said the City zoning book states the opposite. Ms. McDermott said she will look in to this. Responding to a question from Councilmember Duggan, Mr. Sedlacek reviewed the existing zoning and comprehensive plan guiding for the site. The applicant is requesting that the entire site be zoned and guided MR -PUD. Councilmember Duggan said he is also concerned about traffic. Allowing for multi- density housing may bring 6 to 8 � September 18, 2007 Page 11 trips per day, and if there are about 40 homes, that will be about 300 trips per day. Councilmember Duggan said the City Council is entitled to have a sketch plan and all the other materials which are required by the Comprehensive Plan, and information regarding the character and density of dwelling uni . M IVr Councilmember Schneeman sai e housing component is missing and she would like to ggest that there be a study group. Councilmember Kre Bach said suggested forming a r subcommittee that wuld i lude Councilmembers Vitelli5 `i1, and Duggan, as this is o a development. ;She is very interested in the NP parcel remaining open s Councilmember Krebsbach feels that ce the City and the property owner have spent a4artKamount of time on t�'s, it may be wise to have a smaller group work on this. Councilmember Krebsbach said she also hopes that Mr. Grittman (City Planner) is working on this himself as the document prepared by Ms. Fuhrman is quite weak. This is a very important parcel and is a key part of the city. Mayor Huber said the property owner and the city are very far apart on the residential aspect. Mayor Huber said he is not opposed to more discussion but has some level of concern because of the timeline issue. Mayor Huber said it maybe good to clean this up by rejecting the proposal as the timeline is of concern. Mr. Sedlacek said the initial 60 days will expire on October 5th. If there is no action tonight, staff can issue an extension letter for another 60 days. Councilmember Duggan said it would be appropriate to deny this request and based on the information that the City Council is providing, the applicant can come back to the City having addressed particularly the housing component and traffic, as well as numerous other small questions at hand such as the right -in right -out access onto Highway 110. Councilmember Duggan said it is important to factor the McDonalds into the traffic flow and other plans as well. In addition, the creek must be addressed and how wetlands and drainage areas will be planned out. Mr. Sedlacek said the applicant has not met the housing requirement part of the application for the Comprehensive Plan amendment and the other concerns that the Council members are addressing would typically be covered by September 18, 2007 Page 12 preliminary plat check list. As part of the next planning application for any development on this parcel, they will need to have a statement of the proposed use of each lot, stating the type and number of housing units, etc. Mayor Huber said everyone is appreciative of the fact that the applicant wishes to make improvements to the area. Mr. Howard Paster thanked the City Council for their time, and apologized for giving the wrong impressions at the last Council meeting. Mr. Paster stated that the big question is how the city can be assured that the uses Paster Enterprises is talking about in the mixed use PUD will occur. He spoke about the history of this property, which his family purchased in 1986. At that time the company did extensive remodeling of the facade and exterior of the shopping center. Mr. Paster shared a site plan showing where the buildings would be placed. Mr. Paster said his company has a long history of renovating shopping centers, currently owning 11 centers with a total of one million square feet retail space. Recently, Paster Enterprises has upgraded their shopping center in Crystal, which received an award from the Minnesota Shopping Center Association for the best redevelopment in the state. The Moundsview Square shopping center was just recently renovated. They also have a new development in Lakeville and one in Rochester. Paster Enterprises takes pride in the centers they own and are active in the community, including participating in the Halloween Bonfire. Mr. Paster said he agrees with the Council that Mendota Plaza needs to be redeveloped and he wants to renovate this area and add to the vibrancy of the whole community. Such a redevelopment will likely include a senior housing residential component. They agree with Council that much still needs to be discussed and they look forward to continuing discussions. Since the September 4th City Council meeting, Paster Enterprises has met with city staff and their consultants, and believes it is important to clear up the zoning issues. Based on these discussions, it was determined that it would be best to handle the proposed amendment and rezoning prior to the site plan process. City Staff and consultants also suggested that concerns related to specific components of the overall September 18, 2007 Page 13 plan should be dealt with during the PUD stage. City Staff, consultants, and the Planning Commission have also recommended that this amendment and rezoning take place. Mr. Paster stated that his firm would be willing to designate a two acre parcel in the southeast corner of the development for high density residential. He indicated on the site plan where senior housing could be placed, and stated that he feels this would be the most appropriate place to put residential on the site and be complimentary to the CDA property close by. Paster Enterprises realizes that there are still some pieces of the puzzle that need to be put together, but it will be useful to take this opportunity to address some of the concerns that were mentioned at the last Council meeting. Mr. Paster said he believes the City would have a greater overall level of control with a PUD. As it relates to the number of buildings being proposed, the site plan will hold three commercial buildings, and one residential building. The floor plates for these buildings total 37, 400 sq. ft. If the residential component is removed, it's 22, 400 sq. ft. Mr. Paster said they are committed to exceeding the 30% green space requirement for a PUD. All the existing soft wood trees will be replaced by hardwoods and coniferous trees. The drainage ditch has been studied extensively and it is felt that this will be better served as a holding pond. If the ditch was retained, it would break up the development too much. This ditch was built in 1974 by the City as a public improvement. Paster Enterprises would plan to pipe this ditch, and although they would be incurring more costs, they feel it will be a better improvement. Mr. Paster talked about the MnDOT parcel, which they recently acquired and the Dodge Nature Center property, saying there is a sufficient buffer in that area given the existing topographical elevation change. Mr. Paster said they have met with the Dodge Nature Center representatives who were satisfied with the buffer and pleased with the plan. Mr. Paster said he also spoke with McDonalds, and other neighbors who are pleased with the plans as well. The buffer on T.H. 110 is 400 feet wide. Councilmember Krebsbach said the Staff and consultants work for the City, and she feels the Council has been very clear on what they would like to see and what they do not September 18, 2007 Page 14 want to see, and she is not sure the Council is being properly represented in these meetings. Mr. Paster asked that Council approve the comprehensive plan amendment and rezoning as they were recommended by city staff and the planning commission so that Paster Enterprises can move on to the next step. Councilmember Krebsbach said she does not feel that the suggestions that the Council has made repeatedly are coming through in the meetings in terms of providing options on how the plan might look if those ideas were incorporated. She would like to see a subcommittee formed with Councilmembers Duggan and Vitelli on that committee to meet with the developers, city consultant and Staff. Councilmember Duggan referring to the applicant's presentation on the landscape design where it talks about "it is anticipated that the site will ultimately consist of approximately 15% to 20% of open landscape areas," he asked the applicant if this is the same as the 30% or a different concept. Councilmember Schneeman said she read that the applicant is proposing more parking spaces that are required, and she believes that less is sometimes better. Councilmember Duggan said the City Council can place a restriction that the parking spaces be reduced in half and indicated on the site map where some of the spaces can be reduced. Councilmember Duggan said he is very concerned for the 50% of additional parking, stating that there will be no softening of the area and he would like to see more detail on the pond area, the sidewalks and how people will move from building to building within the proposed site to be able to have a sense that it has a village feel to it. Aaron Hemquist, RLK Incorporated, 6110 Blue Circle Drive, Minnetonka, is the engineer on this project. Mr. Hemquist said the 15% - 20% that was referenced was actual dedicated landscape islands where they will be putting plants. The open space for the site is roughly 30% and that includes grass areas. Councilmember Duggan asked if it was usual to count the small islands, which usually contain plants that do not survive well. Mr. Hemquist said that was correct. Mr. Hemquist said the plans can be revised to snake September 18, 2007 Page 15 the islands slightly wider, and irrigation systems will keep these islands watered. Councilmember Krebsbach asked Staff to go back and review previous minutes to see how Council's ideas have been incorporated into the plans. Mr. Hemquist said they have shown a reduction in the parking spaces, and will work to reduce even more if the Council wishes. Councilmember Duggan said he would be happy to work with the applicant and their staff on this project if it is acceptable to the applicant. Mayor Huber asked Staff for any comments on what level of control the City will have if this proposal is approved. City Administrator Jim Danielson responded that it does not sound like the City Council is interested in approving at this time. Staff has had to handle cases like this differently. Some developers are willing to withdraw their application to avoid being denied and then work with Staff on making amendments to what they have. Another option may be to consider forming a subcommittee, and the applicant can also extend the 60 -day or 120 -day rule as long as they want if it is done in writing, giving the City permission to keep talking and working on issues. The Council could also reject the proposal if they wish, but Mr. Danielson said he would recommend tabling this issue and direct the City Attorney to prepare the necessary documents for the next meeting to determine the findings of fact. Ms. Diehm said the Council could vote to deny and direct Staff to come back with a formal resolution, and that Mr. Danielson has offered the necessary options /possibilities. Mayor Huber said it seems the Council is universally in agreement that this proposal needs more work Mr. Paster suggested that they would be willing to extend the 60 -day rule and get a letter to Staff, and with this, discussions will continue with a subcommittee. Mayor Huber instructed Mr. Sedlacek to send a letter to the applicant to extend the 60 -day process and find out if Councilmember Vitelli would be interested in serving on a September 18, 2007 Page 16 subcommittee. Councilmember Duggan said he is willing to serve on the subcommittee. This subcommittee can then get the processes laid out and set up some future discussions with the applicant. Mr. Paster said he is fine with this as long as this is a discussion where he and his staff can have a two -way conversation and not simply do as the Council dictates. Councilmember Schneeman said it is very important that this project is done right and she would like to see this subcommittee formed to make sure this is the best for the applicant and the City as well, and said she approves the presentation that is before the Council at this time. Councilmember Krebsbach suggested making a motion to deny in the event that Councilmember Vitelli is not available. Councilmember Duggan said if the applicant is willing to go with the 60 -day extension, he would rather wait and do it this way first. Councilmember Krebsbach said subcommittees tend to be very productive. Jane McKay, owner of McDonalds currently doing business in Mendota Plaza said she has been communicating with the applicant about this process. Councilmember Schneeman moved to table Case No. 07 -33 until the November 201h City Council Meeting. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 FIRE STATION SITE Public Works Director Sue McDermott said the Council, at CASE NO. 07 -34 their, last meeting, considered an application to rezone and reguide property at 2144 Dodd Road, that is owned by the City, from R -1 to B -2 zoning, limited business. At the meeting, it was brought to the attention of the Council that the square footage of the property was less than the 20,000 sq. ft. required in the B -2 zoning district. The City Planner has provided a memo that states that the City can rezone from R -1 to B -2 regardless of the size of the lot. The Planner also maintains that the best use of the property is for a business use due to the location on a state highway and adjacent uses. September 18, 2007 Page 17 Ms. McDermott said several residents spoke against the rezoning and Staff has offered three options to proceed: 1) Proceed with the comprehensive plan amendment and rezoning to business use and direct staff to prepare a resolution. Proceed with the sale of the property with the new zoning designation. 2) Deny the comprehensive plan amendment and rezoning. Direct staff to market the property as a single family residential lot. Ms. McDermott said the advice from legal counsel is to leave the property as R -1 zoning and direct staff to withdraw the application on behalf of the City. 3) Retain the property as a city -owned parcel. Councilmember Duggan said previous City Council members and Staff said it would be best to "leave it residential" because the area is primarily residential. Councilmember Duggan noted that these comments were made before Fischerville and Sign Art came into being. Councilmember Duggan suggested the Council entertain the idea that this being commercial, the Council needs to be sure to not only adopt but enforce the stringent requirements that the Comprehensive Plan change calls for in relation to screening, storage and drainage, as well as restrictions to ensure any building be single story on the Dodd Road side. Councilmember Schneeman asked if the Comprehensive Plan is changed to business, can the Council come back at a later date with the proper language. Ms. McDermott said Staff has sent out a request for proposals which can be done again, and there were requirements in which the applicant would need to provide the City with a concept sketch of the building and site layout so issues can be addressed that way. Ms. McDermott said the RFP's can also state the requirement for a single story building. Councilmember Duggan said in light of the neighbors that came before the Council, it may be in the best interest of the Planning Commission and the Council that this is addressed indicating that if the City should entertain the idea of this being commercial, there should be some limits. Ms. Diehm said as the owner of the property, the City can record certain restrictions against the property that would be binding in the future. September 18, 2007 Page 18 Councilmember Schneeman said she does not believe this property would be a proper place to build a home because of the neighboring businesses. Councilmember Duggan said he believes going commercial makes more sense, and it's important to make the buyer aware of these restrictions. Mayor Huber said he cannot grasp the concept of this property being rezoned to commercial at this time. Mayor Huber said he still fully supports selling the property with the residential zoning, and so he would prefer to leave it alone and market it as residential. Mayor Huber said he believes commercial would have some challenges Councilmember Krebsbach said she would like to see this property remain residential. Councilmember Duggan moved to deny the comprehensive plan amendment for rezoning and direct Staff to market the property as a single family residential lot. Councilmember Krebsbach seconded the motion. Ms. Diehm said the recommendation from Councilmember Vitelli would be that if the Council did not move forward with this, the Council should simply withdraw the application. Councilmember Duggan moved to withdraw the application. Councilmember Krebsbach seconded the motion. Mr. Danielson said Staff will bring back a process for marketing the lot. Ayes: 4 Nays: 0 SOUTH PLAZA DRIVE Assistant to the City Administrator Jake Sedlacek reviewed CASE NO. 07 -35 the request for an amendment to the Comprehensive Plan change and change to the current zoning for some small parcels of City owned and County owned land that abut the Mendota Plaza. The City owned parcel is currently guided and zoned HR. The County owned parcel has three different land use designations: MU -PUD, NP, and HR. The County property September 18, 2007 Page 19 is also zoned with three different designations: B -4, R -IA, and R3. Staff feels it would be appropriate to clean up the zoning/comprehensive plan designations and have one land use designation. Councilmember Schneeman moved to table Case No. 07 -35 until the November 201h City Council Meeting. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Huber talked about the legislative hearing that will be held at the Eagan Community Center for MAC. Councilmember Krebsbach wished the Jewish community a happy new year. Councilmember Duggan noted the 50 -year anniversary of the Mendota Heights United Church of Christ. Councilmember Duggan commended Staff and Ms. McDermott for the new handicap street access being put in. Councilmember Duggan said there was an application a while back to demolish a deck. He recently noticed that the deck was still there but the home was gone. - Councilmember Duggan announced the first year anniversary of Sage Market and Wine Bar. ADJOURN There being no further business to come before the Council, Mayor Huber adjourned the meeting to the Closed Session. Ayes: 5 Nays: 0 ATTEST: John J. Huber Mayor Time of Adjournment 10:00 p.m. Rebecca Shaffer Recording Secretary