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2007-11-06 City Council minutesNovember 6, 2007 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 6, 2007 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. CALL TO ORDER Mayor Huber called the meeting to order at 8:00 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. WELCOME Mayor Huber welcomed students from University of St. Thomas and Cretin High School that were in the audience. AGENDA ADOPTION Mayor Huber removed Item 8.d. from the agenda and acknowledged the addition of Item 1 Le. Councilmember Duggan moved adoption of the agenda as corrected. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of the October 16, 2007 City Council Meeting as corrected. Commissioner Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar as presented, pulling Items e and k for further discussion and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from the October 23, 2007 Planning Commission Meeting. b. Authorization for ARC Meeting Date Change. c. Authorization for Repair / Paint / Finish Walls and Ceilings in Council Chambers and Lobby. d. Authorization for acquisition of the Bourn Property, November 6, 2007 Page 2 1181 Bourn Lane. e. Authorization to Purchase 800 MHz Radio Equipment. f. Approval of Sign Permit for 720 Main Street (Mendota Dental). g. Approval of Sign Permit for 1230 Northland Drive (LSI). h. Approval for Sign Permit for 2170 Dodd Road (Sign Art). i. Adoption of Resolution No. 07 -106: "A RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200523, IMPROVEMENT NUMBER 2006 -03, DELAWARE AVENUE RECONSTRUCTION." j. Adoption of Resolution No. 07 -107: "A RESOLUTION AUTHORIZING LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 2007 STATE DEER HUNTING SEASON." k. Adoption of Resolution No. 07 -108: "A RESOLUTION FORMALLY AUTHORIZING THE CITY ATTORNEY TO EXECUTE FUNDING GRANT AGREEMENTS PERTAINING TO THE PILOT KNOB PHASE 2 LAND PURCHASE." 1. Approval of the List of Contractors dated November 1, 2007. m. Approval of the List of Claims dated November 6, 2007 totaling $158,664.09. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ITEMS PULLED - RADIO Chief Aschenbrener said this project is ongoing. The — EQUIPMENT majority of the money was spent on this project in February, 2007, and this will be the building installation work. Chief Aschenbrener said this is the final part and the job will be completed. Some additional purchase orders will be coming in for this work, and there may be some coming for the possibility of installing equipment in the fire trucks. The equipment has already been installed in the police cars. Councilmember Vitelli moved to authorize the purchase of the remaining radio equipment as presented. Commissioner Schneeman seconded the motion. Ayes: 5 Nays: 0 November 6, 2007 Page 3 PUBLIC COMMENTS Mr. Tom Norman, 674 Freeway Road, asked about the new home being built across the street from his home. Mr. Norman said there were rumors going around that this was a group home. Assistant City Administrator Jake Sedlacek said the property in question is 658 South Freeway Road, and this is a single family home and will be operated as an assisted living facility. It has recently been explained to the residents in that area that Minnesota State Statues allow up to six individuals living in an assisted living facility licensed by the State. The City cannot control the fact that someone wants to operate an assisted living facility within the City of Mendota Heights as long as they meet all City zoning codes. This is a new construction home, which will look and act like a single family home. This facility is controlled by the State and the City has no jurisdiction over this home. Historically, the City has not received any negative feedback from the other facilities that are currently operating in the city. Councilmember Duggan asked if the city codes address a home that houses more than one familial group, such as a set of grandparents in a nursing home. Mr. Sedlacek said those conditions are run under state license. Councilmember Duggan asked what kind of control the City has over group family homes in R -1 Districts, as this would not be a single family home. Councilmember Duggan asked if it is possible that more than one assisted living facility could be located on any one street, as that would not be appropriate. Councilmember Duggan spoke of an existing home in the city. Councilmember Schneeman said she believes this home is for women with sustenance abuse issues, and she does not recall any trouble with these residents. Police Chief Aschenbrener confirmed that there have been no issues with this facility. Councilmember Schneeman said there are two other homes that are owned by Dakota County and there have never been any problems with either of these facilities. City Attorney Taini Diehm said in this instance, State Statue preempts any local zoning authority that the City may have. November 6, 2007 Page 4 The State Statue is clear that local governments have to allow types of group homes in any residential setting as long as the group home does not exceed the State's mandated number of individuals who can live there. The City can regulate the home in the same way it would regulate a single family home, but the City cannot enact any sort of restrictive policies within the zoning code to either not allow or to put in place any additional restrictions on this type of use. Ms. Diehm said the City can only control the number of facilities on a street the same way they would control the number of single family homes on any one street or in any one community. This is a single family use under State Statue. Ms. Diehm said the maximum number of residents in this Councilmember Vitelli asked Staff to provide a summary report at a future meeting, showing facts that pertain to this type of facility, and what other cities are doing. Councilmember Schneemman suggested inviting the builder of this facility to come to a Council meeting to inform residents on what is taking place. Councilmember Vitelli asked Staff to address parking issues as well. Councilmember Duggan asked Staff to address lighting issues. City Administrator Danielson said he will keep Mr. Norman informed as to the findings. Councilmember Schneeman offered her assistance in this research work as well. Eodine e pressed his concerns about the many trash s are in the city, and asked Council to consider have one hauler for the entire city to save on the wear and tear of the city streets, as well as fuel costs. NDC4 2008 DRAFT BUDGET Ms. Jody Miller, NDC4 Executive Director, presented the 2008 Draft Budget approved by the NDC4 Cable Commission at its August 1, 2007, Full Commission Meeting. November 6, 2007 Page 5 The NDC4 serves seven member cities, and was formed in 1982 for the purpose of handling cable television franchising and local community cable channels. The NDC4 handles cable customer issues and supervises the production of programming on the seven local community cable channels. Ms. Miller said they are providing up to date election results from the polling places on this Election Day on both the cable channels and their website www.townsquare.ty. Ms. Miller said they are currently looking into the potential of webstreaming the City Council meetings so residents can watch theirs on the internet. It is hoped to have this start in 2009. Expenses were already built into the budget for this with the assumption that this project will not be done unless there is enough participation to offset these costs. The budget shows $853,000 in revenue, $836,000 in operating expense, for an operating surplus of about $17,000. There is a larger than usual amount of $133,000 in capital purchases, which would spend down the reserve by over $100,000. This is unusual because of the web streaming project. All capital expenses are covered through the surplus fund from prior years. Councilmember Vitelli said he supports this now. Councilmember Vitelli said Ms. Miller has good control on this. Councilmember Schneeman moved to approve the 2008 Budget for the NDC4 as presented. Commissioner Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Huber said he pulled Item 61. from the Consent Calendar for further discussion, thinking it was something else pertaining to the Acacia Cemetery on the agenda. Councilmember Krebsbach moved approve Resolution No. 07 -108: "A RESOLUTION FORMALLY AUTHORIZING THE CITY ATTORNEY TO EXECUTE FUNDING November 6, 2007 Page 6 GRANT AGREEMENTS PERTAINING TO THE PILOT KNOB PHASE 2 LAND PURCHASE." Commissioner Vitelli seconded the motion. Ayes: 5 Nays: 0 ROBERT STREET CORRIDOR Dan Krom from Dakota County Physical Development Department — Office of Transit, provided an update of the Robert Street Corridor Transit Feasibility Study. Mr. Krom acknowledged the role that Public Works Director Sue McDermott has played on the Technical Advisory Committee. She has been a valuable asset to that group. Mr. Krom also commended Councilmember Schneeman for her help on the Steering Committee. Mr. Krom said the input from these individuals is important to the success of this project. Mr. Krom said the first round of public meetings have been held. From those meetings, it has been determined that Robert Street from Highway 52 to Highway 55 is a primary corridor, but there is not much support for looking at the Union Pacific line. There is significant interest in east -west transit connections. The Hiawatha line has shook up some travel patterns along Highway 52. There is strong support for transit in general with strong preference to light rail. Existing transit services do not operate long enough, and often enough, and do not serve many areas in general. More public hearing meetings have been scheduled for November 28th, November 29th, and December 5th. Mr. Krom talked about express buses, the modern street car, and light rail transit options and shared some examples of how the streets may be designed. Mr. Krom said the street car is making its way back as its cost efficient as well as being able to run with the regular traffic, cars can drive on these tracks. Mr. Krom reviewed the alternatives and explained how these alternatives would travel through out the area. The existing condition for Robert Street is that there is an approximate 80 -ft width from store front to store front. Mr. Krom explained how the roadway would be affected with street November 6, 2007 Page 7 cars and bus routes. If the light rail were to be used, the street would have to be considerably wider to accommodate center platforms, which would take up two lanes of traffic. Additional issues come when trying to cross the river, and the Lafayette Bridge is currently being scheduled for reconstruction. An environmental review will be done for this bridge to determine the best options. The Robert Street bridge may not be strong enough to support light rail, but may be strong enough to support the street car system. Mayor Huber asked if the Holman Field airport would cause issues with the Lafayette Bridge. Mr. Krom said the bridge would not be higher than any other structure, and the FAA would have some concerns about the height. Mr. Krom said he will bring updates back after some further discussions and review have been completed. This process could take 15 years for many of these corridors. Councilmember Vitelli asked how this will be paid for and what would the investment recovery look like. Mr. Krom. said that will be determined shortly, and right now, there is not enough money for transit systems in general. In regions, there have been services cut because money is not available. Future transit funding will be a large issue. Councilmember Duggan said he is curious as to the relationship there is with the lig ransit on the central corridor, and the lessons that havnnlearned about the Krom. Hiawatha Line. Mr. Kro said tl�dre is a real bias in which people will ride a train over a bus. Transit administration has a standard and rule of thumb that people will walk a quarter mile to catch a bus, but will walk a half mile or more to catch a light rail train. This has been proven with the Hiawatha line: Mr. Krom said there is fear that a light rail transit or street car along Robert St. will hurt the buses. There is also talk about lines running from Union Station to Hinckley, Minnesota and Hudson, Wisconsin. Councilmember Krebsbach asked about the organizations that are funding this project. Mr. Krom said state legislature November 6, 2007 Page 8 finds fund for these studies. The organizations that are listed in the presentation are study partners — not funding sources. There are Dakota County Regional Rail funds that pay staff time. Councilmember Krebsbach asked about federal funding. Mr. Krom said there are a half dozen other corridors that are on the radar screen. The Met Council has done a 2020 Master Plan for Transit, and have identified corridors in tiers. Tier One corridors are Hiawatha, Interstate 394 Sane Lane, Central, Sears. Robert Street is not even on the radar screen. Part of the rational for the feasibility study was to determine that they should be including it in their 2030 transit master plan. AIRPORT ISSUES Cha said he and Mr. Rydeen are here to talk about some anomalies of operations off the north parallel runway in the Mendota Heights corridor during the late September — mid October time period. Mr. Laqve said this has been an interesting summer at the airport with the reconstruction of the center section of the south parallel runway and the airport was in a non - standard operational mode. Mr. Laqve said this presented challenges at the airport, not the least being the challenges the FAA had to meet with regards to managing traffic in and out of the airport, and airspace consideration which Mr. Rydeen will talk about. Mr. Laqve said they have previously received some questions from Councilmember Vitelli to be addressed. Mr. Laqve said the timeframe of interest that was forwarded to them was specifically looking at September 181h through October 181h. Mr. Laqve shared the departure operations map from 12L into the Eagan/Mendota Heights corridor. During that time period, there were 290 departures off the north parallel runway that flew north of the corridor boundary, which is about 4.7 %. This compares to an annual basis on the high side of the percentages that are typically seen for operations out of the corridor on the north side. Mr. Laqve said for three days, there have been heavy early turns out of the corridor, and with the south runway closed, this presented a huge challenge to the FAA November 6, 2007 Page 9 Carl Rydeen said when he found out what was occurring on those three days, he looked at the runway process and configurations and found that the weather was somewhat unusual. Mr. Rydeen explained how the airspace is split depending on which direction the departing planes are going. Mr. Rydeen said there is no restriction on a right hand turn off Runway #4, and there is a very big restriction off Runway 12L. Mr. Rydeen explained why these restrictions off Runway 12L were violated. Mr. Rydeen answers the questions submitted by Mr. Sedlacek: 1) Allowing for wind and weather, is there an acceptable number of excursions north of the corridor? Answer: No, there is not an acceptable level, but historically the airport is probably about 3% and if it gets to 5 %, he gets a call from the NOC Committee on what is going on, likewise from the south side with the same process. It's typically a slight variance north, not a dramatic one during those days. 2) How many violations of the left turn rule for takeoffs from 12L occurred between September l8th and October 18th. Answer: 294.7 %. - 3) Who has the authority to approve violations of the left turn rules on departures from 12L. Answer: Mr. Rydeen said he is the only one who theoretically can do that, but on a case by case situation, the controllers have the authority to do it to maintain safety. 4) Is the controllers' union leader ever allowed to override the left turn rule. Answer: If he is the controller on duty, he can. Union leadership has nothing to do with it. It's a matter of safety. 5) What specific action will the FAA take to make sure this does Xnot continue�to be a chronic and ongoing problem. Answer: Construction. When the next round of construction comes up in 2009 for the north parallel and this will be a specific briefing item for the controllers. Councilmember Duggan asked how the air traffic controllers can misinterpret what to do. Mr. Rydeen said that configuration was not even in the planning and was a result of weather. The weather was low and overcast, with 4 miles visibility. Nvember 6, 2007 Page 10 Councilmember Duggan acknowled e NO members in the audience and said he was appreciati all the work they, as well as Mr. Laqve and Mr. Rydeen have done. Councilmember Vitelli thanked Mr. Laqve and Mr. Rydeen and said he is very impressed with their frank responses which are very factual and to the point. Councilmember Vitelli said he is pleased with the responses and their statement that future briefings at the airport will be brought to the attention of the controller team. Councilmember Krebsbach said another issue that has been addressed here at the Council was the legislative interest in the use of the north and south runway and thanked them for their letter in putting that issue to rest. Councilmember Schneeman thanked the students in the audience for attending this meeting as it was very informative for them. COOPERFIELD STREET Mayor.Huber opened the meeting for the purpose of a public REHABILITATION hearing on proposed assessments for the Copperfield neighborhood street rehabilitation project. Ms. McDermott said the purpose of tonight's hearing is to consider and adopt the assessment role for the Copperfield Neighborhood Street Rehabilitation Project. This project consisted of mill and overlay of all the streets in the Copperfield neighborhood including curb replacement, some sidewalk replacement, and some trail repairs. The total project cost is $542,085.05. The total amount to be assessed is $119,196.00. It is proposed to assess the 198 properties at a rate of $602 /unit. Staff has received and attached one assessment appeal from the property owner at 2216 Copperfield Drive. Councilmember Duggan said it was nice to see the right turn lane from Delaware to Huber, and everything looks fabulous. Councilmember Schneeman said she talked with several residents of that neighborhood who were very pleased with this project. Mayor Huber asked for questions and comments from the audience. Seeing no one coming forward wishing to speak, the Mayor asked for a motion to close the public hearing. November 6, 2007 Page 11 Councilmember Schneeman moved to close the public hearing. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Vitelli asked for information on the resident filing an appeal. Ms. McDermott said it is the responsibility of the property owner to file an appeal with the Dakota County court. Councilmember Duggan said the property owner is relatively new to the neighborhood, and asked if their concern was due to being on a corner lot. Ms. McDermott said she spoke with the homeowner whose concern is with the assessment policy, and not with the actual work. The property owner felt that his taxes should cover any street repairs in his neighborhood. Councilmember Vitelli moved to adopt Resolution No. 07- 108: "A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE COOPERFIELD NEIGHBORHOOD STREET REHABILITATION PROJECT (PROJECT #200613, IMPROVEMENT NO. 2007 -01)." Commissioner Duggan seconded the motion. Ayes: 5 Nays: 0 IVY FALLS STREET Mayor Huber opened the hearing for the purpose of a public REHABILITATION hearing on street rehabilitation in the Ivy Falls neighborhood. Ms. McDermott said this project was total street reconstruction with the addition of curb and gutter to most of the properties. Some of the properties already had curb and gutter. This project is almost completed. This week the sod and boulevard restoration is being done. There is also some storm sewer work to be finished, but weather perinitting, the project should be completed by end of the week, with the exception of the final bituminous wear course which will be done next year. The total project cost is $1,069,602.92. The amount to be assessed is $444,775.00. There were 58 properties to be assessed in this project. Those who already had curb and gutter are proposed to be assessed at a rate of $7,000 /unit and the those who are getting curb and gutter for the first time would be assessed an additional $825 /unit. November 6, 2007 Page 12 Councilmember Krebsbach said the neighborhood was pretty split over this and asked if there were any comments or feedback that was received. Ms. McDermott said there were less calls received on this than on the Copperfield project. Ms. McDermott said the feedback was very positive, and the area looks very nice. Ms. McDermott said storm sewer pipes were installed to the Highway 13 ditch and the city worked with MnDOT on that portion of the project. Some trees have been cleared, saving as many trees as possible. The slope will be restored with sod. Councilmember Duggan suggested that weekly updates be provided to the residents via email at their requests. Ms. McDermott said a letter was sent to residents before construction was started, perhaps not at Copperfield as Staff \I did not anticipate as much work. Letters to Ivy Falls `�� residents asked that the residents mark their sprinkler C1 ` systems and Staff has flags they can hand out. Mayor Huber asked for questions and comments from the audience. Todd and Sara Hulse, 754 Woodridge Drive, said they have not filed their appeal yet because the project is not yet done. Mrs. Hulse explained how their driveway was dug up and the City needs to come back to do some major repair work. Ms. Hulse said the City totally clear cut the trees and that was very unacceptable. Mrs. Hulse said their contractor said it would cost at least $2,000 to repair the driveway. Mrs. Hulse said because the sewer line is not completed, it's hard to tell what other things may be wrong for them to state in their appeal. Mayor Huber said appealing the assessment is different from concerns of disruption to property. Ms. Diehm said she would agree that this is two separate issues. A formal appeal of the assessment appeals whether or not the amount of money proposed to be assessed against the property is appropriate based on the improvements which are contemplated and completed by the city. November 6, 2007 Page 13 Mayor Huber said if the Hulse's have an interest in filing an appeal on the assessment they would need to do that tonight. Ms. Diehm said in order to appeal an assessment; a written objection must be filed with the City prior to the adoption of the assessment role by the City Council, which is this evening. Ms. McDermott said the Hulse's can give the City their written appeal tonight and they have 30 days to file with Dakota County court. The project is slated to be completed by the end of the week, and the Hulse's will have the rest of the 30 days to appeal with the County. If they do nothing, the appeal disappears. Mayor Huber asked Ms. Diehm if, hypothetically, the Hulse's were fine with the assessments, but they were not satisfied with the way their driveway was restored, they would not have to file a claim tonight because it is unrelated to the assessment. Ms. Diehm said she would be hesitant to advise them as to what they should or should not claim, but would encourage the City Council, if committed, to make those repairs and work outside the assessment and appeals process. Mayor Huber said that was fair. Councilmember Duggan said he was informed that the hump in the driveway will be taken away this week or next week. He also stated that reasonable sized shrubbery could be placed in that area as well as grass. Councilmember Duggan said the City has hired someone to do this work, and is paying them to do this, and they should be working to the acceptable standards. The City, through residents' taxes, is paying the contractor for these services, and therefore, the contractor should be made aware of these issues. Councilmember Duggan asked if it were appropriate to hold off on this so the rest of the Council can look at this driveway. Councilmember Krebsbach said the Council has thoroughly discussed this before the project as voted in. She said she would like to see this tabled to allow all the council members the opportunity to see this driveway. November 6, 2007 Page 14 Councilmember Duggan said the City should be getting what they ask for and doesn't believe they are in this case. Ms. McDermott said Staff has every intention of repairing the driveway to their satisfaction and the project is not done yet. Staff is working on getting it done. The bump at the end of the driveway will be repaired, the bituminous will be removed to their satisfaction, and Staff will not leave the property owners with something that looks terrible. Ms. McDermott said the pipe could not have been put in without clearing the trees, and the City does have an easement on this bluff. Ms. McDermott said Staff tried best as possible to have as many trees saved as possible, and are more than willing to work with the Hulse's to replace the vegetation. Ms. McDermott said sod will be placed for now to prevent erosion, and she will work with the Hulse's in the spring to work out a landscaping plan. Ms. McDermott said to table this to the next meeting, Staff would not be able to get the assessment role certified to the county by the end of the year. Ms. McDermott said the Hulse's could submit their written appeal at this time, and Staff will work with them on some kind of assessment agreement to defer their assessment until all these issues are resolved. Councilmember Vitelli agrees and sees no point in postponing the case as this is a separate issue. Councilmember Krebsbach said she is fine with that as long as the Hulse's have an opportunity to work with Staff on these issues. Councilmember Krebsbach said the residents come before the City Council, and the Council needs professional opinion, and the residents have an opportunity to talk with Staff. But the residents come before the City Council to talk to the Council. Mayor Huber said he has no problem with that but when they present concerns, the Council needs to make sure they are getting advice from professional staff as well. Ayes: 5 Nays: 0 November 6, 2007 Page 15 Ms. Hulse said she would like some clarification on some of the procedures that are followed in the critical area. Mayor Huber asked Staff if there was a critical area permit approved. Mr. Danielson said he did not know and would get back to the City Council with more information on the processes. Mr. Danielson said a critical area permit was not processed at this time, and will investigate whether it should have been done or not. Councilmember Duggan suggested a landscape firm be hired to work with the Hulse's in restoring the bluff within the constraints of the sewer line. Councilmember Vitelli said he would oppose that suggestion because he does not want city funds to be committed until it is determined whether there is a problem or not. Mayor Huber said he hopes that this conversation is showing that Council is committed to help find the best solutions possible, and must rely on Staff to come up with these solutions. If Staff believes that it is best to hire a landscape firm, they will bring that recommendation forward. Council needs to give Staff an opportunity to respond to the issues. Councilmember Krebsbach said she would like to visit the site and is not interested in voting on anything except to approve the assessment. Mayor Huber said he agrees as it is important to see what Staff is accomplishing in their repairs and what they see in their long terin vision for an ultimate restoration of the area. Seeing no one else coming forward wishing to speak, the Mayor asked for a motion to close the public hearing. Councilmember Vitelli moved to close the public hearing. Councilmember Krebsbach seconded the motion. Mr. and Mrs. Hulse submitted a written appeal to the City Council, dated November 6, 2007 that they appeal the assessments for the construction project No. 200603 as it relates to 754 Woodridge, and signed by both Sara and Todd Hulse. Councilmember Schneeman moved to adopt Resolution No. 07 -109: "A RESOLUTION ADOPTING AND Ayes: 5 Nays: 0 November 6, 2007 Page 16 CONFIRMING ASSESSMENTS FOR THE IVY FALLS NEIGHBORHOOD STREET REHABILITATION PROJECT (PROJECT #200613, IMPROVEMENT NO. 06- 01)." Commissioner Vitelli seconded the motion. Councilmember Vitelli complimented Ms. McDermott on these two projects, as she has had to deal with 255 residences on these projects, receiving compliments from residents and only 2 residences out of 255 with complaints. This has been an outstanding job performed by Ms. McDermott and her public works department. BID AWARD — MARIE Ms. McDermott said in June, 2006, a study was done by CREEK BANK the Lower Mississippi River Watershed Management STABILIZATION Organization on Marie Creek and found there were two areas that needed bank reconstruction — on the properties of 765 and 755 Willow Lane. Staff has been working with Dakota County Soil and Water Conservation District on this project and they have committed to a grant of close to $18,000 to assist in this project. Staff received quote from four contractors, and Stocker Excavating submitted the low quote in the amount of $37, 636.50 for armoring the slopes with rip rap and Great River Greening submitted a low quote of $11,985.00 for plants and erosion control. Staff recommends that the City Council award contracts to these companies. $18,000 of the project will be paid by the grants and the remainder will come from the storm water utility fund. Ayes: 5 Nays: 0 Councilmember Schneeman moved to award contracts to Stocker Excavating for their quote of $37,636.50 and Great River Greening in the amount of $11,985.00. Commissioner Vitelli seconded the motion. Councilmember Duggan asked if there should be a resolution for this. Ms. McDermott said that was not necessary as these are under $50,000. November 6, 2007 Page 17 Councilmember Duggan asked if this restoration is on private property. Ms. McDennott said there are two homeowners involved and Staff has been working very closely with them, working on a right of entry agreement. Councilmember Duggan asked if there will be a waiver in the case something should go wrong down the line so the City is protected. Ms. McDermott said that would be done, and they will be monitoring the repairs. VICTORIA ROAD Ms. McDennott said there have been some erosion issues DITCH MAINTENANCE on Victoria Road between Marie Avenue and Douglas Road. Victoria Road had been turned back to the City by the County several years ago and does not have curb and gutter, and a significant stonn sewer system. Staff is proposing to hire Scherff Inc. to re -grade the ditch and line it with rip rap in the amount of $15,485.00. Councilmember Krebsbach asked if there was a trail along there. Ms. McDermott said that was correct and that the ditch is between the trail and the roadway. Councilmember Duggan asked what the status was on the stonn water utility fund. Finance Director Kristen Schabacker said she does not have the balance at this time, but will get that information to everyone. Councilmember Vitelli moved to award contracts to Scherff. Inc. their quote of $15,485.00. Commissioner Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE 07 -39 Mr. Sedlacek introduced the application for single family CRITICAL AREA PERMIT property where the owners are looking to replace and expand a deck on the rear of the home. In this process, the applicant would like to add a proposed porch. Staff has found no environmental impact to the Mississippi River and recommends approval of this Critical Area Permit. The Planning Commission has some concerns on how the storm water would be treated and the applicant mentioned that they will be willing to work with the City Engineer for any issues relating to drainage and grading. There were no comments at the Public Hearing on this matter and it was recommended to be approved with the condition that the applicant work with Staff on drainage. November 6, 2007 Page 18 Councilmember Krebsbach asked if this is a parcel in an area that Staff feels is close enough to the bluff to be included in the Critical Area and have to pay the $100 for the permit. Mr. Sedlacek said there are a few issues, one being that this is a replacement on an existing impervious surface. In terms of the proximity of the critical area, it is closer to the bluff than a lot of other properties in the critical area. Councilmember Krebsbach said the City does not have the authority to take it in or out, and this is more of a point of . s information as they would look at the future of the critical area in Mendota Heights. Mr. Sedlacek said it is� closer to the river and is one the projects that is =ind, in nature where the impervious surface is not being and it is certainly worth looking at in the future as to what extent the City disperses critical area permits. Councilmember Duggan noted that the deck size has been changed back to 10 -ft. Councilmember Vitelli moved adoption of Resolution 07- 111, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AT 1165 KINGSLEY COURT." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE 07 -40, LCS Mr. Sedlacek introduced the application for a proposed accessory structure in the Industrial Zone for the construction of a smoking shelter for the employees of LCS Company. Mr. Sedlacek said this application has been submitted due to the new laws for smoking in buildings. The applicant, Ms. Susan Stotts, of LCS Company, located at 1480 Sibley Memorial Highway, is proposing a 6' x 11' foot pad for this structure, which will be located 5 -ft from the entrance of the building. This building will look much like a bus shelter and will be painted to match the existing building. The Planning Commission had concerns on whether this would be an attached building or not, and the applicant had found that attaching to the building would be feasible. Councilmember Vitelli moved adoption of Resolution 07- 111, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1480 SIBLEY MEMORIAL November 6, 2007 Page 19 HIGHWAY." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE 07 -41 Mr. Sedlacek introduced the application for a wetlands WETLANDS PERMIT permit for the construction of a new home at 719 Spring Creek Drive. Mr. Sedlacek said there was a previously approved wetlands permit for this property for some minor grading. At that point, the applicant had informed the City that the intent was to do some minor grading and a couple additions to the home, which fell outside the wetlands buffer. Construction began on this project, and grading occurred in conformance with the wetlands pen-nit. The grading then was completed. However, when the renovations were being made to the home, it was decided that the home was beyond repair and moved out without Staff's knowledge, and construction of a new home started. When Staff found out about this, the applicant was contacted and informed that besides the building permits and other necessary permits, they did not have an adequate wetlands permit to replace the house. The applicant made the application at that time, and in the process of getting the building permits for the construction of the new home completed, the applicant was given permission by Staff to start the construction of the new home. In terms of the overall project, it is a replacement of the house, and there is no increase of impervious surface within the wetlands buffer area. Mr. Sedlacek said had this all been done right up front, it would have been a fairly simple review process. But now it has been complicated, and the City needs to look at impacts to the wetland area. After Staff's review, it does appear to have minimal impact upon the wetland: Councilmember Krebsbach asked if the applicant had applied for a demolition permit. Mr. Sedlacek said the Council had approved a wetlands permit for minimal grading. The applicant had also acquired a building permit for renovations as they were adding on to the garage and adding a sunroom. Mr. Sedlacek said the applicant did not come to the City for a demolition pen-nit. Councilmember November 6, 2007 Page 20 Krebsbach asked if people can just demolish their homes without a permit, and what does the City have in terms of the ordinances, or permitting, that leads people through the process if they are going to take down their house. Ms. McDermott said the house was actually moved from the site, which requires a permit. The applicant did not contact code enforcement staff to inquire about what permits were necessary, and once Staff realized that the house was gone, the code enforcement staff contacted the homeowner. Councilmember Krebsbach asked what kind of legal guidance is there, and said she would think that as time moves on, there will be more instances where people will be taking down homes and rebuilding. Mr. Sedlacek said the homeowner was not penalized in any way, and the practice is to get the homeowner up to speed on all permitting. When the building permits were granted, the code enforcement staff misunderstood and thought the wetlands permit was not needed as there was a previous one granted. Councilmember Duggan said when this came before the Council the first time, the newer deck to the older home seemed to go further into the wetlands, but there was no record of that, and the Abramovichs were new home buyers and when they bought the house the deck was already there, and the City could not hold them responsible for that. When the applicant applied for this, their full intention was to do remodeling work but then it was discovered that they needed to do more than remodeling work and felt they had permission to go further than just that remodeling, and it made sense to tear the whole thing down and start all over again. Councilmember Duggan said he supports what they are doing. Councilmember Duggan asked if the area was appropriately silt fenced. Mr. Sedlacek said Commissioner McManus has that same concern and the applicant showed that the construction sediment was being controlled. Councilmember Duggan moved adoption of Resolution 07- 112, "A RESOLUTION APPROVING A WETLANDS PERMIT AT 719 SPRING CREEK CIRCLE." Councilmember Vitelli seconded the motion. November 6, 2007 Page 21 Councilmember Vitelli said he supports that because it will be a great improvement to the neighborhood and he thinks a memo should be sent to contractors as they should have enough sense to know that they should be getting permits. Councilmember Vitelli said mistakes have been made on this project, and the contractors should be reprimanded. Councilmember Schneeman said this could have been a disaster, and fortunately a nice home is going in there. She agrees with Councilmember Vitelli's comments entirely. 0 Councilmember Krebsbach said she wills be voting^ on this as a matter of principle. Mayor Huber was not ve'l�'y happy about how this case was handled. Ayes: 3 Nays: 2 (Council members Krebsbach and Schneeman) CASE 07 -42, CITY OF Mr. Sedlacek reviewed a request for a wetlands permit MENDOTA HEIGHTS for the City of Mendota Heights for the property located at 755 and 765 Willow Lane for the bank stabilization on the creek located on these properties. Mr. Sedlacek said is has been shown that this will be an improvement to the amenities of the wetland areas and Staff recommends approval. Councilmember Duggan moved adoption of Resolution 07- 113, "A RESOLUTION APPROVING A WETLANDS PERMIT AT 755 AND 765 WILLOW LANE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 AT &T LEASE Mr. Sedlacek said this has been tabled from the previous meeting. Mr. Sedlacek said AT &T currently has a tower located on Northland Drive by Enterprise and Highway 55. AT &T has been working with a company called Telecom Transport Management, Inc. to increase the capacity of their cell towers in cases of disaster. In this case, the applicant is looking for a new tower to allow for a backup system only. AT &T has requested that the City reconsider the tenns of the lease agreement with regards to subleases. The current lease November 6, 2007 Page 22 agreement allows them to have subleases on that tower for a $500 /month rental fee. TTM has requested a $150 /month rent. TTM will be paying AT &T $300 /month to be located on the tower. Councilmember Duggan asked if TTM is considered as a cell phone company or a maintenance equipment company. Mr. Sedlacek said TTM is a technology company that sends cellular waves through and is different in the sense they are not selling services to the public but is helping AT &T backup their services. Councilmember Schneeman asked Chief Aschenbrener if this is a backup system only. Chief Aschenbrener said that was correct. Councilmember Schneeman asked iF this will entice other companies to go onto this tower as well. Mr. Sedlacek said the tower only holds three carriers, and currently is leasing to just two: AT &T and Sprint. Councilmember Schneeinan said she is concerned about the number of complaints being received about dropped calls and the City needs to keep up with technology. Councilmember Vitelli asked who benefits from this. Mr. Sedlacek said AT &T customers would benefit from this. Sprint has not chosen to use this service yet. Mr. Sedlacek said the City could also benefit because the public safety is located on this tower as well through Sprint. Councilmember Vitelli said if Sprint signs on there would be a benefit to the residents, safety wise. Chief Aschenbrener said that was correct. Councilmember Vitelli said the City should make a deal that when Sprint signs on, the City will discontinue the charge, and until then, AT &T should continue to pay the $500 /month charge. Councilmember Krebsbach said she would like to see something in the agreement showing that this will be a shared building, and not exclusively AT &T. Mr. Sedlacek said that would be a matter of whoever is on that tower and they could opt to utilize this service. Mayor Huber asked Staff to research what other communities are doing with this type of technology. November 6, 2007 Page 23 Councilmember Duggan suggested that AT &T come to the City to explain what this new technology is all about. MENDOTA PLAZA Mr. Sedlacek said a subcommittee was formed after Paster Enterprises provided a planning application for a rezoning and re -guide for their property located at 750 Highway 110, otherwise known as Mendota Plaza. Mr. Sedlacek said at that point, Council felt that a lot of concerns had not been addressed and this subcommittee was formed. Council members Duggan and Vitelli sat on this committee, as well as City Administrator Jim Danielson, Public Works Director Sue McDermott, Assistant City Administrator Jake Sedlacek, and two representatives of Paster Enterprises. This subcommittee met on October 81h, where a summary of written continents were given to Paster Enterprises. Also at that time, City Planner Steve Grittman presented a concept drawing for this site ,�P,,q avge Paster Enterprises the type of development the l oVng for in terms of footage, and addressed Council's concerns for open space and mixed use. Paster Enterprises received this information very well and a second meeting was held on Octt ber 22nd. Paster Enterprises caine back with afconcept drawing of their own, which is the second drawings% the packets. There have been a number of changes in this plan from the original concept. Councilmember Krebsbach carmnended the subcommittee for their good work on this, and from the results, it looks like it's been a very productive group. Councilmember Krebsbach said her concern is that the buildings align along Highway 110 from the corner of McDonalds. She is pleased with the site line coming down Dodd Road and seeing more greenway space. Councilmember Krebsbach said based on that might be in the future with light rail or others kinds of transit, it would be good to leave some green space to allow for future opportunities. Councilmember Krebsbach said she liked the road adjacent to Dodge Nature Center, and if there is a tree line along there, it will look good. Mr. Sedlacek said the subcommittee is recommending to the Council that this might be ready to come back with the concept plan. The proposed timeline is to have Paster November 6, 2007 Page 24 Enterprises bring back an amended concept plan and if the Council has further input, this is the right time to get that to theirs. The timeline woul= get the concept plan back to the Council along with the housing site plan, and incorporate that feedback in order to bring back the next round of planning applications (rezoning, preliminary plat and PUD). They need to designate the footprints of the buildings, and the uses of those buildings. Mr. Sedlacek at this point, Staff anticipates a packet will come forward which will have the wetlands permit and rezoning request. Staff will not move forward on the zoning request until they have a good understanding of what is coming next, and how it all fits together. Councilmember Krebsbach said she wants to confirm that, at the point the Council will decide on the rezoning, the plan that is before them is what they are accepting. Mayor Huber asked where they are at with the 60 -day rule. Mr. Sedlacek said the original application was for rezoning and re- guiding the property and it's been found out since then, that the parcel is guided with the designation that Paster is looking for and this is no longer an application. The existing applications have and extension of the 60 -day rule to December 4th. Paster Enterprises have been approached with the idea to withdraw this until they have the rest of the details together. Part of the ordinance for rezoning requires that there is a clear understanding what the use of the site is going to be, and Staff at that point, did not feel that was defined. . Councilmember Duggan said he believed Councilmember Vitelli has clearly defined this before, and he supports this. He said he has a great concern that when looking at Paster's first presentation and look where the housing is, then look at the second presentation which came following Mr. Grittman's presentation, and that presentation shows the housing in the same place. Councilmember Duggan said he is very concerned that as the applicant is being encouraged to move forward, the Council needs clear representation as to what housing, and when that housing will be, and what it will look like. Councilmember Duggan said he was strongly in favor of the inclusion of housing if in each phase the development of this project, if there is only phase and they are doing everything at one time, and he wants to know what November 6, 2007 Page 25 housing is being proposed. If it's being broken into two or three phases, he would hope to have housing in each of the three phases. Councilmember Duggan said the Council does not have any sense as to, in relation to the overall project, how much housing, if any, there might be in this whole thing. Councilmember Vitelli said he made clear that a commitment to residential housing would be very key to any approval of the PUD. Councilmember Vitelli said he made that very clear and he told Paster Enterprises that he was speaking for himself, although he felt there were at least one or two other council members who would insist on a very serious commitment to the residential. Councilmember Vitelli said Paster Enterprises representatives shook their heads in understanding and said they did not know the answer yet because they were waiting for the research study to indicate what type of housing and how much housing, could be supported in that. The developer representatives indicated that they are working with an associate or another developer who understands residential aspects. Paster Enterprises said they will have the Maxfield research done. Councilmember Vitelli said if they wanted to move any faster, the Council could ask the Planning Commission to meet in December, ever though they plan not to meet. Paster Enterprises seemed to indicate they did not need to move that fast and seemed comfortable with delivering their next proposal to the Planning Commission in January or February, and then bring it to the Council in the normal timeframe. Councilmember Vitelli complimented Paster Enterprises on responding well to the Planner's sketch, and had some changes that were well founded. There were about five items left opens, one in which the position of the two building facing Highway 110 — the developer was told that Councilmember Krebsbach and others were concerned about a drive -by not looking at this place when seeing the parking like it is. This is a difficult situation for Paster Enterprises to deal with because it's difficult to get adequate parking for a restaurant when people have to walk a significant distance from their parking space to the restaurant. Councilmember Vitelli said they did relocate the main drive - through area, and it was the belief of Ms. McDermott and Mr. Grittinan that some of the parking rows be eliminated November 6, 2007 Page 26 and have a "u- drive" to eliminate traffic problems, and the developer seemed to be fine with that. Councilmember Vitelli said Mr. Grittman recommended that the proposed day care center be placed in a parallel fashion facing Plaza Drive. The developer did not feel there was a problem with that. Councilmember Schneeman said she would like to know what the plan for revitalizing the existing plaza is. Councilmember Vitelli said the developer provided a picture of the building showing what it will look like, and it was similar to what the buildings in the Village are. Councilmember Duggan said he felt he did not want buildings that would not inspire people. The developer agreed that the existing building was depressing. Councilmember Duggan said he also suggested that the developer be invited to move beyond profit and to develop and create a project based on beauty, design, natur mu materials, and exceptional buildings with angles, elevations, and green spaces that will delight residents 50 years from now. Mr. Sedlacek said it has been the subcommittee's recommendation to have Paster Enterprises bring back a concept, and asked how the Council would like Staff to proceed. Councilmember Duggan suggested that the Council receives copies of the study and get a chance to study it for awhile to get a sense of what it says. This is probably the last huge major development and is in the center of the City. The Council has spent at least the last six years developing the Village. He does not see the need to rush this project. Councilmember Duggan said he believes it may be a good idea to have the Planning Commission receive a copy of the study for review as well. Councilmember Vitelli said he would suggest going through the regular process where the developer would have to go through the Planning Commission again. November 6, 2007 Page 27 Mr. Sedlacek said the applicant will mostly like be more than willing to share this information with the City Council and Planning Commission. Councilmember Krebsbach said the Council has now seen the results from the first subcommittee meeting and suggested another meeting be held to further discuss the Highway 110 piece and the entrance to the Friendly March through Plaza Drive. Mr. Sedlacek said the developer is actually working on those items now and it is anticipated that these changes will be presented at the next Council meeting. Mayor Huber said it seems that Paster Enterprises has completed their work and if they want to meet again, that is up to them. Councilmember Duggan said he would like to meet again. Councilmember Vitelli said he did not want to meet again as he feels the Council has given enough input. Councilmember Vitelli said he does not want the City Council be the final arbiters on this project. Mayor Huber said he agrees with Councilmember Vitelli. Councilmember Duggan said it was suggested that a representative of the Planning Commission be included in this meeting. Mayor Huber said it's probably too late for that. Councilmember Duggan said he would like to have Pasteur Enterprises come back to the City Council first to see if they have responded to the issues. Councilmember Duggan said feels that the developer is still not addressing the housing concerns. Councilmember Schneeman said she would think that the developer would understand by now that nothing is going to go unless they place a housing component in there. Mayor Huber said what he sees before the Council is the outcome of having some productive discussion. Mayor Huber said he thinks Staff and Council is expecting the developer to come forth with an application, and he feels that once this starts, he does not know if the Council can or should have a subcommittee be an ongoing thing. Mayor Huber said he believes the subcommittee needs to stop their involvement. Councilmember Duggan suggested that if the developer does not have an application coming forward, they request another subcommmittee meeting, including a Planner Commissioner, November 6, 2007 Page 28 to present what they believe are their answers to the primary issues that have been raised by the City Council. Mr. Sedlacek said this is pre- concept at this point and it's up to the developer if they choose to participate in the subcommittee meeting. They may feel that they have enough feedback. Mr. Sedlacek said the issues of the housing will be addressed in the planning process, and at this point, it seems that the City is fine tuning a concept plan. Mayor Huber said the 120 -day timeframe expires on December 4th, which is a City Council meeting night. Mayor Huber said he is not comfortable making a decision at that time, and would prefer Paster Enterprises withdraw the application that is on the table or the City Council will take action on it. Mr. Sedlacek said Staff has recommended to Paster Enterprises that the Council does not feel there is enough information to act on the rezoning. Staff will relate to the developer that there is a possibility that Council will be forced to act on this and reject the plan. Staff said they will table this to the second meeting in December. CITY OWNED PROPERTY Ms. McDennott said at the October 2nd meeting, the City Council directed Staff to solicit proposal from realtors to list the parcel at 2144 Dodd Road, which used to be the old fire station site. Many letters to local realtors were sent out and Staff received 3 proposals: Realtor: Craig Patterson, J.H.Callahan & Associates Proposed Listing Price: $179,900 Brokerage Fee: 4.99% Realtor: Richard Braun, Coldwell Banker Burnett Proposed Listing Price: • Option A (single family): $99,000 • Option B (commercial): $125,000 - $150,000 • Option C (group home): $125,000 - $140,000 Brokerage Fee: 7% Realtor: Donna DaBruzzi, Edina Realty Proposed Listing Price: $100,000 Brokerage Fee: 10% Staff recommends awarding the listing contract to Craig Patterson of J. H. Callahan & Associates due to the lower brokerage fee. Ayes: 4 Nays: 1 (Councilmember Duggan) November 6, 2007 Page 29 Councilmember Duggan said he disagrees with the recommendation, which is based on the brokerage fees. Councilmember Duggan said the Coldwell Banker proposal is more realistic in the number that is being presented in relation to selling that land. There is no way that a person will buy this land for $179,000. Mayor Huber said that no matter who lists it, it will be sold for what the market should bear, and then the brokerage fee is an issue. If the property fetches $140,000, it will fetch $140,000 no matter who sells it, so then it does depend on the brokerage fee. Councilmember Duggan said the second proposal is the most realistic in relation to picking sites that are similar to the fire hall site versus the first one which picks sites in the $240,000 range. Mayor Huber said the Council already agreed that this will be sold residential, and it's not the wishes of the Council to place a group home here as well. Mayor Huber said he would rather put this property on the market at the higher price and it can be dropped if it does not sell. Councilmember Duggan. said Staff estimated the value of this property to be around $60,000, and then taking a look at Coldwell Bankers proposal at $99,000, that would result in a $6, 830.00 brokerage fee. Councilmember Krebsbach moved to award the listing contract to Craig Patterson, J. H. Callahan & Associates. Councilmember Schneeman seconded the motion. Councilmember Duggan asked to take the discussion back to the Marie Creek project. The general recommendations on the inside in relation to the grass there is some requirements made by the $18,000 grant money says that the cost share contract prohibits the removal or modification of the grass for ten years from the date of completion without prior approval for the Dakota SWCD. Councilmember Duggan said he believes this is saying that when they do this work, for ten years, on a twenty year home, and choose to sell it after two years, but don't mention the restrictions, the November 6, 2007 Page 30 homeowner cannot do what he wants to do because he was not made aware of the restrictions. Ms. McDennott said if they sell their property and someone wants to do something else with the yard, they will have to come back to the City for a wetlands permit. COUNCIL COMMENTS Councilmember Vitelli suggested scheduling a meeting with Ross Fefercom and two council members to get updates on the Town Center activities. Councilmember Schneeman said she would attend a meeting with Councilmember Vitelli and then Councilmember Krebsbach will take a second meeting. Mr. Danielson will schedule a meeting. Councilmember Schneeman complimented the Planning Commission as their minutes were very good and the City is lucky to have a "can -do" Planning Commission. The Planning Commission has a "what can I do to help people" attitude. Councilmember Schneeman said she has never seen so many cars at the Par 3 as she had witnessed a few weeks ago. Councilmember Duggan asked about the traffic light on Dodd and Highway 110 — the yellow signal light stays on for four seconds after the main light turns red. Chief Aschenbrener will check that out. Councilmember Duggan extended his congratulations to Ann Field, who co- chaired the Friends of the St. Paul Public Library. Mrs. Field is the wife of Planning Commissioner Litton Field. \\`` �,, �Nv Councilmember Duggan is working wit Minnesota Zoo on some wine tasting activities and donating he proceeds to the zoo. ADJOURN There being no further business to come before the Council, Councilmember Duggan, moved to adjourn to the closed Ayes: 5 Nays: 0 ATTEST: November 6, 2007 Page 31 session for police labor contract and land purchase negotiations. Councilmember Schneeman seconded the motion. Time of Adjournment 11:00 p.m. Rebecca Shaffer Recording Secretary John J. Huber Mayor M