2011-06-07 City Council minutesJllile 7, 2011
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 7, 2011
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
AGENDA ADOPTION
Ayes: 5
Nays:0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
Mayor Krebsbach called the meeting to order at 7:00 p.m.
The following members were present: Councilmembers
Duggan, Povolny, Petschel and Vitelli.
Council, the audience and staff recited the Pledge of
Allegiance.
Mayor Krebsbach presented the agenda for adoption as
amended. Item 9h was removed from the Agenda.
Councilmember Duggan moved adoption of the agenda as
amended.
Councilmember Petschel seconded the motion.
Councilmember Petschel moved approval of the minutes of
the regular meeting held on May 17, 2011 as presented.
Councilmember Povolny seconded the motion.
CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and
explained the procedure for discussion and approval.
Councilmember Duggan moved approval of the consent
calendar as presented and authorization for execution of
any necessary documents contained therein, pulling items
c. Acknowledgement of the May 2011 Planning
Commission Meeting Minutes j. Approve a Massage
Enterprise License for Massage Elements, LLC and
Massage Therapist Licenses for Employees of Massage
Elements, LLC k. Approve the Appointment of Fire
Marshal James Lee and noting on item g. Adopt a
Resolution Adopting a Capital Asset Policy that the date of
the resolution should be corrected.
Ayes: 5
Nays: 0
June 7, 2011
Page 2
a. Acknowledgement of the April 2011 Fire Department
Report
b. Acknowledgement of the May 2011 Building Activity
Report
c. Acknowledgement of the May 2011 Planning
Commission Meeting Minutes
d. Acknowledgement of the May 2011 ARC Meeting
Minutes
e. Acknowledgement of the June 2011 NDC4 Meeting
Agenda and Minutes
f. Adopt a "RESOLUTION APPROVING FINAL
PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR
THE KNOLLWOOD LANE NEIGHBORHOOD
REHABILITATION"
g. Adopt a "RESOLUTION ADOPTING A CAPITAL
ASSET POLICY"
h. Approve an Intergovernmental Agreement between the
Metropolitan Council and the City of Mendota Heights
for Continuation of the Citizen Assisted Lake
Monitoring Program
i. Approve the Purchase of a Snow Plow from Stonebrook
Equipment at a cost of $7,016.88
j. Approve a Massage Enterprise License for Massage
Elements, LLC and Massage Therapist Licenses for
Employees of Massage Elements, LLC
k. Approve the Appointment of Fire Marshal James Lee
1. Approve the Hiring of Facilities Manager Terrance
Sullivan
m. Approve the Contracts List
n. Approve the Claims List
Councilmember Povolny seconded the motion.
ACKNOWLEDGEMENT OF THE Mayor Krebsbach acknowledged the Planning
MAY 2011 PLANNING COMMISSION Commission and stated they do an excellent job, exemplify
MEETING MINUTES thorough and fair discussion in process and provide a
valuable service to the city council.
Councilmember Duggan noted that there could be some
discussion going forward on providing additional guidance
to applicants involved in the planning application process
to avoid confusion and multiple issues on one application.
Ayes: 5
Nays: 0
APPROVE A MASSAGE ENTERPRISE
LICENSE FOR MASSAGE ELEMENTS,
LLC AND MASSAGE THERAPIST
LICENSES FOR EMPLOYEES OF
MASSAGE ELEMENTS, LLC
Ayes: 5
Nays: 0
APPROVE THE APPOINTMENT
OF FIRE MARSHAL JAMES LEE
June 7, 2011
Page 3
Councilmember Povolny raised concerns about the
applicant referred to from the meeting and stated he
thought the problems arose because the applicant really did
not understand what he wanted and it seemed to cause
some confusion. Councilmember Povolny added the
planning commission handled the application and applicant
well.
Councilmember Duggan moved for approval of the May
2011 Planning Commission Meeting Minutes, as presented.
Councilmember Petschel seconded the motion.
Mayor Krebsbach stated she pulled the Massage Enterprise
License for Massage Elements which will be located in
Mendota Plaza to bring awareness to a request for staff to
look at in the future, enhancing our licensing requirements
to include that at least one employee of a massage entity
organization within the city is required to be at the level of
education and experience, which she believed equated to an
additional 750 hours of training /experience, to be eligible
for medical reimbursement. Mayor Krebsbach expressed
she felt this addition to the city code would provide for an
increased level of service and would allow a more
consistent economic stream for the businesses.
Councilmember Duggan moved to approve a Massage
Enterprise License for Massage Elements, LLC and
Massage Therapist Licenses for Employees of Massage
Elements, LLC
Councilmember Vitelli seconded the motion.
Fire Chief John Maczko introduced James Lee, the
proposed new Fire Marshal, to replace retiring Fire Marshal
Paul Kaiser. Mr. Mazcko stated we had six very qualified
applicants and Jim floated to the top as the best candidate.
Mr. Maczko stated Jim spent 23 years on the West Saint
Paul Fire Department and is familiar with Mendota Heights
and the community and for the past four years has
performed part time Fire Marshal services for the city of
Little Canada. Mr. Maczko acknowledged the importance
of the work done by Paul Kaiser and the work being
handed off to James Lee and expressed because of the due
June 7, 2011
Page 4
diligence in this position the city has had very few fires to
contend with and this is directly related to the tenacity in
which the fire inspections are addressed. Mr. Maczko
stated our local business owners are very good at staying on
top of fire prevention strategies.
Mayor Krebsbach invited Mr. James Lee to come before
council. Mr. Lee stated he went to school in Mendota
Heights as a child and stated he has always liked Mendota
Heights and felt much like a team working with them when
he was with the West Saint Paul Fire Department and stated
it is all about teamwork. Mr. Lee expressed he is honored
to be considered for this position and thanked the council
for their consideration for approval.
Mayor Krebsbach stated this position has historically
consisted of a part -time Fire Marshal serving on a
consulting basis and the status of the position will remain
the same. Mayor Krebsbach acknowledged Paul Kaiser did
an excellent job in the position and that Mr. Lee would
have a good example to follow and welcomed him.
Councilmember Duggan inquired about a plan going
forward of introducing Mr. Lee to our local businesses and
Fire Chief Maczko responded that Mr. Lee will be working
with Paul Kaiser to ensure a smooth transition and proper
introductions.
Councilmember Vitelli moved approval of the
Appointment of Fire Marhsal James Lee.
Ayes: 5 Councilmember Povolny seconded the motion.
Nays: 0
PUBLIC COMMENTS Residents Darcy MacKenzie and her two sons, Peter and
Donny approached the council, introduced themselves and
thanked the council for the opportunity to speak. Ms.
MacKenzie stated a fundraiser for Somerset PTA and a
parent/child tournament consisting of 18 twosomes was
held at the Par 3 golf course. She added it rained that day
but was a successful event, with prizes and food and was
appreciative of council who approved to give back fifty
percent of greens fees and she thanked council for the
gesture. She expressed thanks to the council and the city
for the support of the Somerset PTA and stated the staff at
the golf course was excellent.
PUBLIC HEARINGS
ON -SALE LIQUOR LICENSES
INCLUDING SPECIAL SUNDAY,
ON -SALE CLUB LICENSES
INCLUDING SPECIAL SUNDAY,
ON -SALE WINE LICENSES AND
OFF -SALE LIQUOR LICENSE
RENEWALS
Ayes: 5
Nays: 0
June 7, 2011
Page 5
Mayor Krebsbach stated she was happy to see such a great
use of the golf course and to see the children enjoying it
and made reminder for all to enjoy the golf course and to
call the Par 3 directly if anyone has an interest in setting up
a group outing.
City Clerk Thone stated the following liquor licenses are up
for renewal and a single public hearing will be held tonight
for all license renewals. Ms. Thone stated all businesses
had successfully submitted all paperwork and applicable
fees and background investigations were performed with no
negative findings. Ms. Thone stated staff recommends the
city council conduct a public hearing on all license
renewals, consider any comments and approve license
renewals for the following liquor license renewal
applicants: On -Sale Liquor Licenses including Special
Sunday Licenses for Teresa's Mexican Restaurant and
Courtyard by Marriott, On -Sale Club Liquor Licenses and
Special Sunday Licenses for Mendalcota Country Club and
Somerset Country Club, On -Sale Wine Licenses for
Mendoberri and Tommy Chicago's Pizzeria and Off -Sale
Liquor Licenses to the The Wine Market and Mendota
Liquor.
Councilmember Duggan inquired about the meaning of
Special Sunday Liquor Licenses to which Ms. Thone
replied we are required to include Special Sunday licenses
with all On -Sale Liquor Licenses and On -Sale Club
Licenses, which sell on -sale full liquor to patrons if they
wish to sell liquor on Sundays. Ms. Thone clarified
establishments only holding wine, 3.2 malt liquor or off -
sale licenses are not required to have a Special Sunday
License.
Mayor Krebsbach asked if there was anyone in the
audience that wished to speak on this item.
Councilmember Vitelli moved to close the public hearing.
Councilmember Duggan seconded the motion.
Councilmember Vitelli moved to approve the On -Sale
Liquor Licenses Including Special Sunday Licenses for
June 7, 2011
Page 6
Teresa's Mexican Restaurant and Courtyard by Marriott,
On -Sale Club Liquor Licenses and Special Sunday
Licenses for Mendakota Country Club and Somerset
Country Club, On -Sale Wine Licenses for Mendoberri and
Tommy Chicago's Pizzeria and Off -Sale Liquor Licenses
to the The Wine Market and Mendota Liquor.
Ayes: 5 Councilmember Duggan seconded the motion.
Nays: 0
RESOLUTION APPROVING A Assistant to City Administrator Sedlacek presented
CRITICAL AREA PERMIT FOR a critical area permit request for a privacy fence at
A PRIVACY FENCE AT 1040 1040 Sibley Memorial Highway and stated the applicant
SIBLEY MEMORIAL HIGHWAY" is requesting to construct a six -foot high cedar fence which
meets all requirements for zoning but that a critical area
permit is required in this area and the applicant constructed
the fence before actually receiving the permit, stating they
were unaware the parcel was in the critical area, therefore
the structure was completed before the critical area permit
was obtained. Mr. Sedlacek stated this is the third critical
area permit requested by this applicant and the one in 2007
resulted in the applicant moving ahead with the project
before obtaining the permit. Then in 2008, they followed
all permit requirements, so this chain of events seems
surprising in view of the history of the applicant and
recommended a double permit fee for the applicant if
allowable per city code. Mr. Sedlacek stated there were no
comments at the public hearing and the Planning
Commission recommended approval of the critical area
permit and opened it up for questions or comments.
Mayor Krebsbach inquired whether line four of the
conditions of the resolution regarding permit fees could
stand. City Attorney Diehm recommended the language be
revised to simply state the applicant shall pay all fees
including code enforcement fees associated with this
project as a condition to the approval.
Councilmember Duggan inquired about the principle of this
case and recommended Mr. Sedlacek explain the reasons
why we have a process for reviewing and approving these
planning requests. Assistant to the City Administrator
Sedlacek responded we have a process in place for all
planning cases but especially in the critical area to ensure
June 7, 2011
Page 7
there is a due process and a public hearing for neighbors to
weigh in, that not only meets the applicant's needs but fits
with the character for the future plans of the area and the
community on all requests.
Mayor Krebsbach stated following uniform policies and
ensuring compliance for all critical area applicants will
always be a more extensive process and take at least six
weeks.
Councilmember Petschel directed staff to draft an
ordinance or code in the future to directly address this type
of situation, especially when it becomes a pattern, to
discourage this behavior in the future.
Mayor Krebsbach stated we do always have the option of
not approving the permit.
Councilmember Povolny concurred that this is not the first
time he has seen this and that it happens more often than he
is comfortable with and we should look at having
something in place to address such noncompliance.
Mayor Krebsbach invited the applicant, Ms. Sargent to
come before council. Ms. Sargent carne before council and
stated she was unaware she needed a critical area permit for
the fence.
Councilmember Vitelli stated he felt it was a reasonable
mistake. Councilmember Duggan concurred with
Councilmember Vitelli stating it would be nice to have
additional details more available to residents with
information like this included. The applicant, Ms. Sargent
responded it would be helpful if the parameters were
available on the website for residents in the critical area.
Mayor Krebsbach responded that is an excellent
suggestion. Mayor Krebsbach recommended staff look into
the concerns voiced with regard to the fees for non-
compliance in addition to raising the awareness of the
requirements for residents.
Councilmember Petschel recommended staff bring forth a
remedy in the fixture when faced with a situation where
building has occurred and has not followed the permitting
process to which Mayor Krebsbach concurred.
Ayes: 5
Nays: 0
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
FOR PARTICIPATIVE ATHLETICS
June 7, 2011
Page 8
City Administrator McKnight stated staff was in agreement
with the recorn mendations and would begin with the
Planning Commission, conduct the research and bring
something back to council at a later date.
Councilmember Vitelli moved adoption of a
RESOLUTION APPROVING A CRITICAL AREA
PERMIT FOR A PRIVACY FENCE AT 1040 SIBLEY
MEMORIAL HIGHWAY
Councilmember Duggan seconded the motion.
Assistant to the City Administrator Sedlacek presented
a conditional use permit for participative athletics in the
industrial zone at 2535 Pilot Knob Road for a fitness club:
Crossfit Mendota and stated this use is allowed as a
conditional use in that zone. Mr. Sedlacek stated this is an
existing building and the applicant, Mr. Costello is
proposing an athletic training business with hours of
operation limited to before and after work hours. Mr.
Sedlacek stated the traffic would not pose a concern and
that the planning commission reviewed the application and
concurred there would be no negative impact to the
neighboring businesses and thought it would actually
compliment the area and recommends approval of the
conditional use permit.
Councilmember Duggan inquired about the evening hours
for the business and if they would be included in this
request to which Mr. Sedlacek responded the application
for this conditional use permit does not include any
limitation on hours of operation.
Councilmember Vitelli inquired if the resolution does not
include limitations on hours of operation, could the
applicant choose to be open from midnight until three in the
morning. Councilmember Vitelli recommended the
applicant define the hours of operation.
Mr. Sedlacek stated the city does not currently require
hours of operation to be included in these permits, but that
they are sometimes included in developer's agreements and
other city agreements such as with convenience or gasoline
stores but that we certainly could include those parameters
June 7, 2011
Page 9
within the conditional use permit if the council chooses to
do so.
Mayor Krebsbach stated she was in agreement that the
limited hours be further discussed and possibly imposed
with regard to this permit and added she would like to
incorporate an interim use as a new standard in our code
and referred to City Attorney Dielun for additional
clarification.
City Attorney Diehm stated that although this is not in
reference to this specific proposal and would be a separate
direction from council, state statute allows the city to add to
code an allowance for interim or temporary uses. Ms.
Diehm stated a conditional use attaches to the property and
remains with that property indefinitely while an interim use
would allow you to approve something for a more specific
period of time with the understanding that you may want to
look at development in that area in the future and
reexamine whether or not the use is still appropriate.
Mayor Krebsbach stated the interim use would not be part
of this approval process tonight but would be something we
could look at in the future and recommended we include
the limitation on hours of operations to this conditional use
permit.
Councilmember Petschel expressed concerns about limiting
the hours of operation and stated since this business is in
the middle of the business park the normal concerns
associated with businesses operations are mainly the
concern for impinging on neighboring residents.
Councilmember Petschel stated many businesses operate at
all hours and cautioned limiting one business while not
others and stated with a fitness club they may have groups
wanting additional options in operating hours.
Mayor Krebsbach cautioned it may be best to set this aside
and obtain more information with regard to running a
fitness club and the hours of operation it may require but
did state she did not believe the applicant was requesting a
24 -hour facility. Mayor Krebsbach invited the applicant to
come before council to provide additional information with
regard to the plans for hours of operation.
June 7, 2011
Page 10
Councilmember Povolny inquired whether there were any
inclusions of limitations on hours of operation in any
conditional use permits currently held in an I1 industrial
zone. Mr. Sedlacek responded there is an inclusion in the
industrial park at the Materials Processing building on Pilot
Knob Road that does include hours of operation conditions
specifically relating to the retail sales portion of the permit.
Councilmember Povolny inquired whether we need to pass
all conditional use permits equally, specifically that we
cannot put a condition on someone and not put it on
someone else. Mr. Sedlacek responded that in a conditional
use permit our primary concern is that it fits with the
character of the neighborhood.
Mayor Krebsbach asked for additional clarification from
both City Attorney Diehm and the applicant.
City Attorney Dielun stated that the point of the conditional
use permit process is that when you adopt the code and lay
out the uses that will be conditional uses, you acknowledge
that each of those applications are required to come before
you and you have the opportunity to review the specifics of
that application, including the location and you have the
opportunity to tailor your conditions to the specific project.
Ms. Dielun added that your conditions need to protect an
interest of the city, you cannot just put forth any conditions
that you want, and they should be conditions that allow the
business to operate but also protect the surrounding
property owners.
Applicant Patrick Costello approached the council and
explained the program would include coaches and would
not be a 24 -hour facility. He explained he is requesting the
hours of operation include 5:00 a.m. to 7:00 a.m. before
work and 5:00 p.m. to 7:00 p.m. after work and some
additional personal training hours.
Councilmember Povolny recommended the applicant
provide a broader range of hours encompassing all possible
hours he may operate in the future. Mayor Krebsbach
asked the applicant to specifically define the hours of
operation he would want if he could choose them.
Mr. Costello responded he would like the hours between
5:00 a.m. and 10:00 p.m. Councilmember Petschel stated
June 7, 2011
Page 11
she thought the business was a great concept and cautioned
the applicant to consider that his business may just take off
and to consider the increased business when requesting the
hours of operation. Councilmember Povolny concurred
with Councilmember Petschel and encouraged the applicant
to consider midnight as a reasonable time that would leave
options open for increased business. Mr. Costello
responded the hours of 5:00 a.m. to midnight would be
good. Mr. Costello added that he would be marketing the
area to include the surrounding businesses.
Councilmember Vitelli inquired of the applicant about the
meaning of participative athletics in contrast to fitness
center to which Mr. Costello responded he did not know
where the word came from. Mr. Sedlacek added that
participative athletics is code language. Councilmember
Petschel added that the code language most likely was
created to be broad enough to include many physical fitness
businesses.
Councilmember Duggan moved to adopt a RESOLUTION
APPROVING A CONDITIONAL USE PERMIT FOR
PARTICIPATIVE ATHLETICS with the condition of the
hours of operation as 5:00 a.m. to midnight.
Ayes: 5 Councilmember Petschel seconded the motion.
Nays: 0
CONSIDER AN AMENDED AND Assistant to the City Administrator Sedlacek presented
RESTATED CONTRACT FOR
a request for an extension from Hoffman - Mendota Shore
PRIVATE DEVELOPMENT
for a conditional use permit, hereby amended and
BETWEEN THE CITY OF
restated in the Contract for Private Development
MENDOTA HEIGHTS AND
with the City of Mendota Heights presented for
HOFFMAN- MENDOTA SHORE, LLC
approval. Mr. Sedlacek noted Hoffinan- Mendota Shore
built the Augusta Shores development and later brought
forward a similar development called Lemay Shores which
contained larger units and he noted the project did
previously go through the Planned Unit Development
process and included many lengthy discussions involving
the city council and both the Metropolitan Airports
Commission and the Met Council, which addressed
specifically the environmental concerns in the area and the
comprehensive plan change. Mr. Sedlacek continued that
at that time both the PUD, the CUP and the comprehensive
plan change were all approved. Mr. Sedlacek stated when
the housing market turned Hoffman decided to wait on the
June 7, 2011
Page 12
project and requested an extension to June 30, 2011 and
that Hoffinan is now requesting a final extension to June
30, 2014 with the understanding that all laws and changes
with regard to this plan are applicable to this project and
have been incorporated into this agreement. Mr. Sedlacek
stated staff is comfortable with either allowing the existing
conditional use permit to expire or approving the extension
as was previously approved. Mr. Sedlacek stated that the
applicant has noted that there has been significant change
in both the Met Council and the Metropolitan Airport
Commission bodies and that they do like the agreement the
way it is currently and if the city were to allow the existing
conditional use permit to expire they fear they may have
difficulty getting it approved as proposed.
Councihnember Vitelli supported the extension and
recommended approval and stated we have had good
experience with Hoffman Holmes, they follow through on
development and this is a very reasonable request based on
the current economic conditions.
Mayor Krebsbach supported the extension and stated that
three of them were involved in the original PUD for this
project and have been very satisfied with the project.
Mayor Krebsbach invited Mr. Hoffman of Hoffman Homes
to come before the council.
Pat Hoffman of Hoffman Homes approached the council
and introduced himself and stated he appreciated the
comments of the council and thanked them for the
consideration both now and in the past. He stated it is a
project that they are very excited about and that putting it
on hold proved to be a prudent decision and stated he sees
many projects out there have suffered from forcing the
market and he is grateful not to be one of them. He stated
they are taking tax exempt property and making it taxable
property and they do view it as a continuation of Augusta
Shores which has been very well received and supported by
the city. He continued that they are confident the market
will come back and support this project and that Mendota
Heights is one of the better cities to be in and thanked
council for their consideration.
Councihnember Duggan stated it was great to see Hoffman
Homes again and was happy to see that they are still
Ayes: 5
Nays: 0
RESOLUTION AWARDING
PROFESSIONAL SERVICES
CONTRACT FOR STORMWATER
POND ASSESSMENT, IMPROVEMENT
RECOMMENDATIONS AND COST
ESTIMATES, AND PROVIDING
NOTICE TO PROCEED
Ayes: 5
Nays: 0
June 7, 2011
Page 13
interested in Mendota Heights and feels Mendota Heights is
a good place to build and expressed his appreciation for and
thanked them for their confidence in Mendota Heights.
Mayor Krebsbach stated the residents in Augusta Shores
are very satisfied with their homes and the properties that
have sold in the area have received good returns on their
investment.
Councilmember Vitelli moved to adopt an Amended and
Restated Contract for Private Development Between the
City of Mendota Heights and Hoffman - Mendota Shore,
LLC
Councilmember Duggan seconded the motion.
Public Works Director Mazzitello presented a proposal
for a contract award and notice to proceed for
professional services to provide a condition assessment of
three stonnwater ponds as well as provide
recommendations for improvements to the water quality
treatment of the three ponds and to provide cost estimates
for the recommended improvements. Mr. Mazzitello stated
staff issued the RFP and received five very professional
and well written proposals from five well qualified firms
and after reviewing all proposals staff is recommending
Bonestroo for the pond assessment consulting. Mr.
Mazzitello continued Bonestroo is very familiar with the
city of Mendota Heights and wrote our local surface water
management plan in 2006.
Mayor Krebsbach wished to note that the cost of services
was a very good price and that the council had set the limit
at $15,000 although voiced they would like to see the cost
come in closer to $10,000 and the proposal came in at
$4,569, a very fair price.
Councilmember Duggan moved to adopt a Resolution
awarding a professional services Contract for Stormwater
Pond Assessment, Improvement Recommendations and
Cost Estimates and Providing Notice to Proceed to
Bonestroo.
Councilmember Vitelli seconded the motion.
June 7, 2011
Page 14
TRAFFIC SAFETY COMMITTEE Public Works Director Mazzitello stated on May 25, 2011
RECOMMENDATIONS at the Traffic Safety Committee meeting five issues were
brought to staff by concerned parties. Mr. Mazzitello
stated in attendance at the meeting were Police Chief
Aschenbrener, Fire Chief Maczko, Councilmember Vitelli
and Planning Commissioner Field who took
Councilmember Povolny's place as the planning
commission representative and provided the following
summary of the five issues raised and the committee's
recommendations:
1) Request from Sally Lorberbaum and the members of the
Beth Jacobs Congregation to ask Dakota County to provide
a painted crosswalk on Lexington Avenue at Victoria.
Their concerns are for members who walls to synagogue.
Lexington Avenue is a county road and the work would
have to be performed by Dakota County. The committee
recommends approval for the city to formally request of
Dakota County the improvement of a crosswalk on
Lexington Avenue.
2) Request from Patty Caruth to change yield signs at Lilac
and Douglas to stop signs as the complaint states the yield
signs are often ignored causing near accidents and stop
signs would be more appropriate. The committee
recommends increased monitoring by our police
department and if the issue is prevalent come back with
recommendations and snake a decision at that time
3) Request from Vincent Pagnotta of 657 First Avenue for
increased enforcement or signage along First Avenue to
deter speeding. This the second complaint for speeding
since construction began in the area three years ago. The
cormmittee recommends increased monitoring and
enforcement by our police department along the east end of
First Avenue followed by a recommendation of the
prevalence and need for additional signage.
4) Request from Al Anderson of 721 Marie Avenue for
additional enforcement or signage along Marie Avenue
west of Dodd Road to deter speeding. On Marie Avenue
from 2009 to May 2011, 82 individuals were cited for
speed and almost 1000 traffic stops were observed during
that same time period. In view of the statistics the
committee recommends a 60 -day period increased
June 7, 2011
Page 15
enforcement by our police department and to report back
the findings and a recommendation for signage, striping or
speed study.
5) The committee recommends council consider the
purchase of a speed cart to monitor speed and provide
traffic counts on city streets. The carts are radar driven and
include a sign warning drivers of their actual speed and
include the legal speed limit. Preliminary estimations
report costs of the carts to be in the range of $6,000
to$10,000.
The committee discussed the traffic counts from a study
conducted in the Rogers Lake neighborhood brought about
by concerned residents to assess the impact after the
completion of the roundabout. Council directed staff
conduct a pre and post construction count in the area. The
pre - construction study was completed in April 2010 and
staff duplicated the time period in April 2011. The results
of the study were shared with council. Traffic on Swan
Drive dropped by 20 cars per day on average, the traffic on
Lake Drive increased by four vehicles per day on average
which results in the conclusion that there has been no
adverse impact to traffic in the Rogers Lake neighborhood
as a result of the roundabout construction.
Public Works Director Mazzitello stated the Traffic Safety
Committee and staff recommends approval for the action
items as presented.
Mayor Krebsbach reviewed the recommendations proposed
for approval and commended the Traffic Safety Committee
and staff for their work.
Councilmember Petschel supported the purchase of a
portable speed cart and added it is a wonderful deterrent for
speeding and added it would be good for residents to see
that we are responding to their concerns, and it does traffic
counts automatically and would not require the manpower
for these studies and supported the staff, if the budget
would allow, to purchase one this year.
Mayor Krebsbach concurred and advised staff to review the
budget to see if this recommendation could be realized in
Ayes: 5
Nays: 0
DEVELOPMENT AGREEMENT
BETWEEN LILYDALE
APARTMENTS LLC AND THE
CITY OF MENDOTA HEIGHTS FOR
MUNICIPAL WATER SERVICE
June 7, 2011
Page 16
2011. City Administrator McKnight responded they would
look into it and will report back their findings.
Councilmember Petschel stated she was surprised to find
from the traffic study done in the Rogers Lake
neighborhood that a majority of the vehicles entering the
roundabout were not due to school traffic. Councilmember
Petschel also noted the right turn onto Lake Drive has seen
a significant drop and she feels this is due to the fact that
you can now make a left hand turn out of Visitation.
Mayor Krebsbach concurred that the traffic study report
was indeed very favorable and was happy to see no
negative impact noticed from the addition of the
roundabout and stated the map is available for anyone
wishing to see the results of the traffic study and proposed
staff forward the map with the study results to the schools.
Councilmember Povolny moved approval of the Traffic
Safety Committee Recommendations.
Councilmember Vitelli seconded the motion.
Public Works Director Mazzitello presented a request
from the developer for municipal water service to mains
owned by the City of Mendota Heights. Mr. Mazzitello
stated Lilydale Apartments is currently going through the
the planning process with the City of Lilydale for a
residential development to be located on the site that is
currently the Lilydale Racquet Club. Mr. Mazzitello stated
as part of the development municipal water service would
be needed and Lilydale has very little infrastructure
available therefore the developer is relying on the city of
Mendota Heights for water service. Mr. Mazzitello stated
previous development on the site bad not been successful
and one project left debt owing to the city of Mendota
Heights in the amount of $6700 which the current
developer has paid the back debt in full.
Mayor Krebsbach clarified that the debt the developer paid
was not his debt owed to which Mr. Mazzitello responded
she was correct, it was not the developer's debt but the debt
needed to be addressed and therefore the developer paid it.
June 7, 2011
Page 17
Public Works Director Mazzitello stated the developer is
proposing a 169 -unit residential development and is
requesting the city provide engineering services for the
water corniection. Mr. Mazzitello continued attached is a
draft development agreement reviewed by City Attorney
Diehm that includes an updated revision. Mr. Mazzitello
stated the developer, John Wahl is present and would like
to discuss the retainer amount and is available to answer
any questions council may have and stated staff has
provided the estimate of $3500, asking for a retainer of
$6000.
Mayor Krebsbach clarified that this is not a ceiling to
which Mr. Mazzitello responded it is not a ceiling and the
developer has agreed to pay any additional cost associated
with the project but that staff feels the $6000 should cover
the costs.
Councilmember Duggan reconmmended including the
language: in concert with St. Paul Regional Water Service
requirements lb and 2a so that is clear it is subject to them.
Councilmember Duggan was also concerned with 1 d and
the absence of a timeline and proposed a timeline frame be
added to 1 d for the completion of the construction of what
they are proposing in relation to the water services to which
Mr. Mazzitello responded staff would add that to the
agreement.
Mayor Krebsbach welcomed and invited developer, John
Wahl to come before council.
John Wahl came before the council and introduced himself
and stated he represents Lilydale Apartments LLC and are
proposing to build two senior apartment buildings and one
luxury apartment building on the former site of the Lilydale
Racquet Club and are beholden to the City of Mendota
Heights since there is no water currently at the site and
stated he was gratefiil to the city for their consideration for
supplying water to the site. He stated they have
approximately $250,000 to build the water line from
Mendota Heights across Highway 13 and to the site. He
stated he has worked with Mr. Mazzitello to put together
this contract but expressed he was a little bit uncomfortable
that they will spend one quarter million, pay the contractor
after he does the work and the city has stated that before
June 7, 2011
Page 18
you can start we want double what you expect to spend, the
rest of the world does not work that way but we need the
water so if that is the requirement of the city we will pay it.
Mayor Krebsbach stated we realize that you did not incur
the $6,700 and she appreciated that they would cover the
amount on behalf of the City of Lilydale and she supported
staff's recommendation of a $6,000 retainer and asked for
additional questions or feedback from council.
Councilmember Duggan stated he supported the $6,000
retainer. Mr. Wahl reiterated that the city is estimating to
spend $3,100, rounded up to $3,500.
Mayor Krebsbach added that the city tends not to be
extravagant and she does not feel the amount is excessive
and feels that this amount has been determined by prior
practices and the cost incurred previously and feels it is an
accurate and fair amount and if the retainer is not
completely used it would be refunded to the developer.
Mayor Krebsbach asked Mr. Wahl if he was comfortable
with the proposal of the $6,000 retainer to which he
responded he needs the water although he stated it does not
seem fair. Mayor Krebsbach welcomed Mr. Wahl and
stated we would look forward to the development and
stated we all value the river and the bluff and look forward
to a very nice project. Councilmember Povolny addressed
Mr. Wahl and added that he thinks these guys will be fair
with him to which Mr. Wahl expressed his thanks.
Councilmember Duggan moved to approve a Development
Agreement Between Lilydale Apartments LLC and the City
of Mendota Heights for Municipal Water Services with the
addition of the language proposed by Councilmember
Duggan.
Ayes: 5 Councilmember Petschel seconded the motion.
Nays: 0
CONSIDER ALTERED AND City Clerk Thone stated Teresa's Mexican Restaurant
EXPANDED PREMISES INCLUDING recently underwent an expansion that included acquiring
A PATIO AREA FOR TERESA'S additional space next door and including a patio out front of
MEXICAN RESTAURANT the property. Ms. Thone explained when a liquor license
holder alters the premises significantly or expands to
include outdoor seating approval from the council is
required per city code and state statues. Ms. Thone stated
in addition, the establislunent is required to provide new
June 7, 2011
Page 19
liability insurance covering the new premises in full. City
Clerk Thone explained city code requires the patio be
contiguous and contained and stated the property has been
inspected and meets all requirements. Ms. Thone
continued the capacity of the restaurant has gone from 128
seats to 222 seats with an additional 18 seats on the patio
and has taken the establishment from a tier two liquor
license to a tier one liquor license with an increase of fees
of $2500 which Teresa's has paid in full.
Councilmember Duggan stated this a seventy -one percent
increase and he is thrilled that Teresa's is doing very well
but stated he has concerns for the parking and it is his
understanding that in our agreement with Paster Enterprise
if there are challenges we may ask for reconsideration in
some areas. Councilmember Duggan stated that by his
calculations 80 parking stalls are required for the restaurant
at the new capacity for just the patrons, not the employees
as per code of three patrons to a parking space.
Councilmember Duggan stated he fully supports the project
but understands we have lowered the parking requirements
previously and asks the question whether we are
challenging it even further. Councilmember Duggan
stressed that with the additional concerns with the parking
entrance are we adding to the concerns with this projected
increase in traffic into the area.
Assistant to the City Administrator Sedlacek stated as part
of the entire Mendota Mall expansion, parking was looked
at in its entirety as a mixed use planned development and
actually reduced the requirements for parking assuming
retail use of the building. Mr. Sedlacek stated that no
matter what the establishment, whether it had a liquor
license or not, would not change the parking requirement
for retail use. Mr. Sedlacek continued that staff is
comfortable with the evaluation performed in 2008 and
stated they feel it continues to support the businesses and
their expansions to date and added there is potential for
additional restaurant potential at this location although
nothing is anticipated in the near future.
Councilmember Duggan stated we reduced parking
requirements by approximately 190 units overall and now
we have an increase and a different use than the original
proposed office space which would not require the
Ayes:5
Nays: 0
COUNCIL COMMENTS
June 7, 2011
Page 20
increased parking needs of a restaurant. Councilmember
Duggan stressed the need to have some control with the
current and potential need for parking especially in view of
additional restaurants as proposed for the future of the area
and reiterated that the original agreement entitles us to
revisit this.
Assistant to the City Administrator Sedlacek concurred that
we are entitled to revisit the agreement at any time and if
council as a whole would like to provide direction staff
would proceed as directed but that currently staff is aware
of the expansion and is comfortable with the parking
requirements at this time.
Mayor Krebsbach stated her concern is more for the future
and any plans for the area for additional businesses and
recommended that we could look at moving Linder's
Greenhouse next year to the back side of the building to
allow for additional parking.
Councilmember Duggan moved to approve the Altered and
Expanded Premises Including a Patio Area for Teresa's
Mexican Restaurant.
Councilmember Vitelli seconded the motion.
Councilmember Vitelli commented that one of our
residents, Andy Brenny won $40,000 on Wheel of Fortune
that evening and stated anyone wishing additional
information could view an article written up on her on
Patch.com and added Ms. Brenny did an outstanding job
and congratulated her.
Councilmember Petschel stated the Airports Relations
Commission will be visiting the air traffic control center in
Farmington this week and are excited about the visit.
Councilmember Petschel stated she fields many concerns
about the traffic patterns at the Plaza relating to the
entrance and the turns being difficult and the entrance is
narrow and it is not completely clear once you enter where
to go and at the stop sign it is not clear who is suppose to
stop. Councilmember Petschel continued many people
have a hard time getting in and out of the development's
parking lot.
June 7, 2011
Page 21
Mayor Krebsbach referred the concerns to City
Administrator McKnight who responded that additional
concerns were previously brought to the attention of the
property owners and contact was made between the original
complainant and the property owners after Councilmember
Vitelli raised similar concerns with the area a few months
ago. City Administrator McKnight stated they would
follow up with the property owners with the new concerns.
Councilmember Duggan stated it should be noted that staff
did approve the engineering of the plan as presented and
created by their engineering staff but that does not snake it
right and stated he too has had many complaints with
regard to this and urged something be done as we have
determined there is a problem here and he supports further
action.
Mayor Krebsbach recommended some level of traffic study
and to look specifically at the left hand turn in the traffic.
Councilmember Petschel stated the real problem is when
you enter in the Plaza and the arrow lines up with the bend
which is very narrow and is even more difficult in the
winter months with the snow.
City Administrator McKnight made reminder this is private
property which would mean we would need to enter into
discussion with the property owners to see if they are
willing to amend the PUD and stated staff would be
contacting them.
Councilmember Duggan stated he was certain the property
owners wanted it to be a safe area as well and we could
work together going forward. Councilmember Petschel
added it is a positive thing that people are using the facility
and stated she would be concerned for the owners in the
event people may get frustrated and go elsewhere for their
needs. Councilmember Vitelli asked for clarification of the
direction given to staff.
Mayor Krebsbach stated the concern and direction is the
internal traffic pattern and it may involve a traffic study and
we should look at the allowing of additional businesses in
the future. Councilmember Vitelli raised concerns about
the staff time and funds to address the request.
June 7, 2011
Page 22
Councilmember Duggan recommended first sending a letter
to Paster to address the issues of the internal traffic flow at
Mendota Plaza and arrange a meeting to discuss.
City Administrator McKnight stated he would call Mr.
Henk at Paster and ask him to review the meeting video
with regard to these concerns and offer his feedback and go
from there and receive additional direction from couricil at
that time.
Councilmember Povolny commented he had the
opportunity to watch the baseball tournament at Mendakota
Park where his son was umpiring and encouraged residents
to take the time to see a game or two and expressed how
much he enjoyed his time watching the games.
Councilmember Duggan congratulated all graduates of
Mendota Heights schools and wished them well in the
future. Councilmember Duggan gave a huge applause to
the police department and the work they did for the 5K
Walk/Run held at The Village and the 370 plus record
turnout and expressed how good it was to see the
community pulling together and specifically thanked Neil
Garlock for his efforts in the success of the event and the
success for the Special Olympics. Councilmember Duggan
acknowledged the son of Stan Linell, a former Parks and
Recreation Cormnissioner with the city and congratulated
his son, who is currently paddling down the Mississippi on
a water board and encouraged his son's success and safety.
Mayor Krebsbach commended Councilmember Duggan for
his work with the Duggan's Dashes event held at the Parks
Celebration last weekend and his many years that he has
contributed and held the race. Councilmember Duggan
added that next year will be the 25"' Celebrate the Parks
event and encouraged all park commission members to be
on board in addition to people from the police department,
staff, Airport Relations Commission and the Planning
Commission to help in planning a spirited event for next
year.
Mayor Krebsbach commended the entire parks events of
last weekend and specifically thanked Mr. Sedlacek for his
work on the event. Mayor Krebsbach wished to
congratulate Public Works Director Mazzitello on his
promotion to Commander in the National Guard effective
CLOSED SESSION TO DISCUSS
LITIGATION OF MENDOTA
MALL V. THE CITY OF
MENDOATE HEIGHTS
ADJOURN
ATTEST:
"NUAA
Sandie Thone, City Clerk
June 7, 2011
Page 23
June 12, 2011 and expressed the council's pride in his
achievement.
Public Works Director Mazzitello stated this achievement
would not be possible with out the support of his
community and his employer and he feels he has been
tremendously fortunate and blessed to work for the City of
Mendota Heights who he thanked and stated they have
been very supportive, as has the community and he thanked
them also. City Administrator McKnight added staff is
very proud of him as well.
Councilmember Vitelli commended the police department
for their work during the stand -off last week and stated you
could tell it was all handled well by the short time it spent
in the news and thanked them.
Mayor Krebsbach adjourned the meeting at 8:38 p.m.to
closed session to discuss litigation of Mendota Mall v. The
City of Mendota Heights.
Present in the closed session were the city council, city
administrator, assistant to the city administrator, public
works director, city attorney and contracted legal counsel.
M ;raKre Bach adjourned the meeting at 9:22 p.m.
Krebsbach, M or