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2008-03-04 City Council minutesMarch 4, 2008 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 4, 2008 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 Abstain: 1 (Councilmember Vitelli) Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Krebsbach, Schneeman and Vitelli. The following members were excused: Councilmember Duggan. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Schneeman moved adoption of the revised agenda as presented. Councihnember Vitelli seconded the motion. Mayor Huber said Councilmember Duggan submitted some changes to the minutes. Councilmember Schneeman moved to approval the minutes of February 4, 2008 with Councihneinber Duggan's changes. Commissioner Krebsbach seconded the motion. Councilmember Schneeman moved to approval the minutes of February 19, 2008 as corrected. Commissioner Krebsbach seconded the motion. Councilmember Vitelli moved approval of the consent calendar as presented, pulling item g, and March 4, 2008 Page 2 authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes from the February 26, 2008 Planning Commission Meeting. b. Adoption of Ordinance No. 416: "AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE" regarding commission term limits. c. Authorization for Sale of Public Works Truck. d. Adoption of Resolution No. 08 -13: "A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR AVENUES AND KAY/WALSH STREET IMPROVEMENT PROJECT (PROJECT #200802) ". e. Approval of sign permit for 2475 Highway 55 (Tempco). f. Authorization for Conversion of Fire Department Brush Truck and Fleet Identification Marking. g. Authorization for Creation of Police Department Petty Cash fund and Increase in Petty Cash Reimbursement Amount. h. Approval of License Agreement for 911 Chippewa Avenue. i. Approval of the List of Contractors, dated February 19, 2008. j. Approval of the List of Claims, dated 2/19/08, totaling $285,721.41. Councilmember Vitelli seconded the motion. Mayor Huber referred to Item b and said that this ordinance amendment would allow a person who is Chair of one of the city commissions to get an extra three year term. Councilmember Krebsbach asked to have item g pulled and asked what the petty cash fund was used for. Finance Director Kristin Schabacker said this fund is for reimbursement of expenses of employees Ayes: 4 Nays: 0 DISCUSSION OF LIQUOR ORDINANCE AMENDMENT March 4, 2008 Page 3 such as mileage, postage, etc. Ms. Schabacker said the maximum dollar amout has been $25.00 for quite some time. Ms. Schabacker said the petty cash fund speeds up the process and time for the employee to get reimbursed as it can take up to two weeks to get their money back if the claims must go on the claims list. Ms. Schabacker said she requires the same documentation for petty cash reimbursement that is required for any claim on the claims list. Councilmember Krebsbach moved to authorize the creation of a Police Depai.tment Petty Cash Fund and to increase the petty cash reimbursement maximum to $50.00. Councilmember Vitelli seconded the motion. City Clerk Kathleen Swanson presented a chart that identified the City's existing licenses, potential license applications under existing Code, and potential license applications under the amended Code. Ms. Swanson said she recently met with Chief Aschenbrener, Jim Danielson, and Jake Sedlacek discussing these options. It was agreed that Ms. Swanson should recommend reducing the size to 1,000 sq. ft. and 100 seats, which would accommodate a smaller restaurant. The existing ordinance is for 2,500 sq. ft., which is a very large dining area. Ms. Swanson reviewed the chart and said there is currently only one license for on -sale intoxicating liquor - the Marriott Hotel. There is currently a request for a second license for Teresa's which is proposes to locate at Mendota Plaza. Ms. Swanson said that under the existing ordinance she anticipates, at a maximum, there is a potential for one large restaurant in Mendota Plaza (developer anticipating about 7,500 sq. ft.) and one or two in the industrial park. Le Cordon Blue had previously thought about having a restaurant in the school facility, and there is the possibility of a restaurant on the Pilot Knob site. March 4, 2008 Page 4 Ms. Swanson said if the amendment is made to the ordinance that would allow dining room sizes of 1,000 sq. ft and 100 seating, there could be two or three potential future restaurants in the Mendota Plaza and one or two in the Village. Ms. Swanson said there is no limit on on -sale wine licenses under state law so this does not count in the 6 maximum. Councilmember Krebsbach referred to the on -sale intoxicating licenses as listed on the chart and said it seems like it adds up to more than six if adding the potential ones. Ms. Swanson said if all of those requests were to materialize it would be at nine, but this is a long range projection, as the ones at Mendota Plaza would not be anticipated until at least 2011. Ms. Swanson said Staff has not seen any plans coming from the industrial park either. Councilmember Schneeman said she is fine with this and asked what would happen should the City used up all six on -sale intoxicating licenses and would like to issue more. Ms. Swanson said the City is authorized under state statute to issue up to 12 licenses (maximum). When this ordinance first was adopted, the maximum was only 6, but the law has since changed. Councihember Krebsbach asked how many are anticipating wine and beer. Ms. Swanson said Sage Market has one and there is a potential for a pizza restaurant in the Village that would be a second one. Councilmember Krebsbach asked if Mendota Plaza has one with Ziggy's. Ms. Swanson said that was not correct, and it's hard to tell what will happen to the proposed co joined restaurant building. Ms. Swanson said Fischerville could be a potential site as well. Councilmember Vitelli said he supports this recommendation. Councilmember Krebsbach said the City is in the process of doing this plan with Mendota Plaza and it seems premature to grant a liquor license before there is an actual plan. Ayes: 4 Nays: 0 HEARING: LIQUOR LICENSE TERESA'S MEXICAN REST. March 4, 2008 ' Page 5 Mayor Huber said this recommendation is only changing the levels of license requirements by splitting up the ordinance into two tiers. This should not be tied into any particular application for a license. Councilmember Vitelli moved adoption of Ordinance No. 417, "AN ORDINANCE AMENDING TITLE 3 CHAPTER 1 OF THE CITY CODE." Councilmember Schneeman seconded the motion. Mayor Huber opened the meeting for the purpose of conducting a public hearing on an application from Felipe's, LLC for an on -sale intoxicating liquor license for Teresa's Mexican Restaurant. City Clerk Kathleen Swanson said the applicant for the license, Mr. Felipe Mata, was not able to attend the hearing as he lives in Georgia. Ms. Swanson introduced Richard Jahnke from Paster Enterprises, along with Lynn Bones, the broker for a Mr. Mata. Mr. Mata is requesting a license for on sale intoxicating liquor for a Mexican restaurant, which he proposes to open in the Mendota Plaza, in the area formerly occupied by Ziggys. The Police Department has completed background investigations and Ms. Swanson has reviewed the application for ordinance requirements. Ms. Swanson said the applicant met all the requirements except for the size and space requirement. Background checks have been done with the City of Lakeville where Mr. Mata currently owns and operates a restaurant. These background checks showed outstanding records for this applicant. Staff visited the restaurant in Lakeville and found the operation impressive. Ms. Swanson said she recommends that Council approve the liquor license application. Mr. Janke is the senior leasing representative for Paster Enterprises and said they also have done a lot of research on Mr. Mata and found that the March 4, 2008 Page 6 applicant seems to be a very good operator. Mr. Janke said he also had a meal at the Lakeville restaurant and was very pleased. Mr. Janke said the City of Lakeville indicated that Mr. Mata has run a good operation with no issues on the liquor license. Mr. Janke said he feels this restaurant would be an asset to the community. Councilmember Krebsbach said without Paster Enterprises having their full plan, it would seem that they want to have three establishments. Ms. Swanson said the concept plan that was before the Council a few weeks ago showed one large restaurant and two co joined restaurants in one building. Councilmember Krebsbach asked if there will be any liquor licenses at those restaurants. Ms. Swanson said she did not know whether there will be or not. Ms. Swanson said it is her observation that there probably will not be three license requests, as the businesses would be competing against each other. Ms. Swanson said to her knowledge, Paster Enterprises have not done any lease negotiations for any of the projected buildings. Mayor Huber said there is no actual application from Paster Enterprises. City Administrator Jim Danielson said that was correct. Mayor Huber said there has been talk with Paster Enterprises over the past few months about possibly some changes to Mendota Plaza and a concept plan has been presented to the Council for their input. Mayor Huber said that at this time, there is no formal application before the Council, and it is not known when Paster Enterprises will make that fouual application. Councilmember Krebsbach said there is the potential for three liquor establishments. Ms. Swanson said if the concept plan that was before the Council is ultimately approved, the projection is that there will be two restaurants in one joined building and one in a larger free standing building. March 4, 2008 Page 7 Teresa's restaurant, in addition to these proposed restaurants, would bring a total of four restaurants. Councilmember Krebsbach said the Council should have a better view of where Mendota Plaza is going to go. Councilmember Schneeman asked if this lease negotiation is contingent on the liquor license. Mr. Janke said that was correct. Councilmember Schneeman asked who the license would be owned by. Mr. Janke said it would be owned by Mr. Mata. Councilmember Schneeman asked what would happen to the liquor license should Mr. Mata close down the restaurant. Ms. Swanson said the license would then go away and is not transferrable to a new owner. Mayor Huber said everyone knows that different concepts of Mendota Plaza have been kicked around over the last few months. A plan could be voted in tomorrow, or a year from now, or ten years from now. Mayor Huber said he has been on the Council since 1993 and the Council has talked about this since then. Mayor Huber said the reality is that the structure is still the salve as it was back then. Mayor Huber said Mendota Plaza might look radically different a few months from now than it does today or it might look identical five years from now. This is all reflective of the fact that different concepts have been kicked around, the economy right now is not terrific, and the Council will have to see where Paster is going with it. Mayor Huber said he would rather not hold an applicant hostage given the very elongated history that has been had so far. Mayor Huber said Paster Enterprises realizes that there is a license application before the Council, and the Council will think about the total usage of Mendota Plaza. If in fact a planning application comes before the Council, this may enter into discussions about any applications for liquor licenses in the future. March 4, 2008 Page 8 Mayor Huber said he feels that this applicant seems to be a good operator. Councilmember Vitelli said he feels the same way and feels that the concept and the ideas floating around for the Mendota Plaza is a different subject. He agrees that this could go five or ten years and should be separate from this application. Paster Enterprises has a tenant that wishes to move into a vacant area, this tenant having a very good restaurant, and the Council should move ahead with this. Councilmember Vitelli fully supports this. Councilmember Vitelli said Councilmember Krebsbach has some very good points in regards to the liquor licenses, and Paster Enterprises should realize at this point that granting this license may cause some discussion and problems on any other liquor license that will come before the Council. Councilmember Krebsbach said as long as that is the understanding that this is part of the plan, and she cannot see having three liquor licenses in Mendota Plaza. Councilmember Krebsbach asked if Mr. Janke was comfortable with this. Mr. Janke said he was. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved to close the public hearing. Councilmember Schneeman seconded the motion. Ms. Swanson said because this is a brand new license, this is the initial hearing and action on the application needs to be delayed to the next City Council meeting on March 18th to allow some time for public comment. Operations and Projects Coordinator Guy said this was approved on the Consent Calendar and thanked the Council. GREAT RIVER GREENING 2008 CONSULTING CONTRACT March 4, 2008 Page 9 Mr. Kullander said the City contracted with Great River Greening in 2005 for management services for the oversight and restoration efforts at Pilot Knob and also for seeking out other funding grants such as the DNR grant for the Biomass. Mr. Kullander reviewed the contract and budget and recommended approval of the contract. Councilmember Krebsbach asked if this will come out of a special Pilot Knob reserve fund. Mr. Kullander said it was not, and that it will come out of the City's general fund. Councilmember Krebsbach asked if this commits this area to return to the 1850's era. Mr. Kullander said that was correct and there are records and documentation of what types of vegetation were on this site at that time. The goal is turn this back to an oak savannah, which is basically prairie with scattered oak trees and other types of vegetation for wildlife. Mr. Kullander said this area was disturbed by farming, and when the farming stopped about thirty years ago, it left the land in ruins. Councihmember Krebsbach said she gladly supports these efforts to restore this land into a savannah, but must be careful to limit the costs. Mayor Huber said Green River Greening has done an excellent job and has been seeking grants for most of this work, and commended the volunteers that have been working on this project. Mr. Kullander said because of the nature of the historical significance of this site, and where this site is located, it's a very desirable for the community, and funds from several entities such as the DNR, the State, and private groups have been obtained because everyone recognizes this is a very sensitive area that is worth preserving. Councilmember Schneeran said she is very pleased with Great River Greening as they work hard to get grants. March 4, 2008 Page 10 Councilmember Krebsbach said she is also pleased, and wants to make sure that the City is doing something reasonable to take this money out of the reserve. Mr. Kullander said next year, the efforts will be in the 2009 budget and not coming from the reserve. Councilmember Vitelli moved approval of the contract with Great River Greening as presented. Councilmember Schneeman seconded the motion. Assistant to the City Administrator Jake Sedlacek reviewed the application for Laura Lacina, 1914 Glenhill Road, for a Critical Area Permit. The application is to construct an addition to the existing home. The property is zoned, guided and used as a single family residential lot. The applicant is proposing to construct an addition on the east side of the home and a second addition to the north side of the home. Also, the applicant is proposing to build a deck and patio. Mr. Sedlacek said the Planner reviewed the case and found that the addition was within the character of the neighborhood. The Planning Commission had a concern on where the addition sits in relation to the side yard setback. The applicants stated they would make sure they stay outside the 10' side yard setback. Councilmember Vitelli moved adoption of Resolution No. 08 -14: "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AT 1914 GLENHILL ROAD." Councilmember Schneeman seconded the motion. Public Works Director Sue McDeiiiiott reviewed her application for a wetlands permit for the Avenues Street Reconstruction Project. Ms. March 4, 2008 Pagel l McDermott showed a map of this neighborhood and said in conjunction with the storm sewer work, she is proposing modifications within 100 feet of a wetland located on the west side of the project. Ms. McDermott said there are some culverts underneath the existing trail that are undersized and need to be reconstructed in a larger size to allow the flow of water in that area. Ms. McDermott explained on the map how this area tends to back up with water and affects some of the private properties. Ms. McDermott said there will also be some soil erosion corrections to the creek bed and improve the flow of the creek. Ms. McDermott said there is a small wetland just off Dodd Road and 4th Avenue that has a lot of erosion issues which will be repaired. Councilmember Vitelli moved adoption of Resolution No. 08 -15: "A RESOLUTION APPROVING A WETLANDS PERMIT FOR THE CITY OF MENDOTA HEIGHTS FOR THE AVENUES STREET RECONSTRUCTION." Councilmember Krebsbach seconded the motion. Assistant to the City Administrator Jake Sedlacek reviewed the application for the Par 3 Golf Course requesting a conditional use permit to construct an addition to the clubhouse at 1694 Dodd Road. Mr. Sedlacek said the original clubhouse was built in 1961 with little regard for accessibility. Mr. Sedlacek said Staff found a funding source that would help bring this building up to ADA standards, with the addition of two unisex accessible bathrooms, a new walkway and new entry doors. Mr. Sedlacek said that this clubhouse is frequently used by residents that may be elderly or have Ayes: 4 Nays: 0 UPDATE ON SALE OF CITY OWNED LAND March 4, 2008 Page 12 special needs. Mr. Sedlacek said it is not only golfers that use this facility. City Planner Steve Grittman said the clubhouse is well within the building setbacks and that the proposed improvements are consistent with the requirements. Mr. Sedlacek reviewed the drawing and indicated where the sideway will be laid out. Landscaping will be simple and possibly a rain garden will be developed to collect runoff. Mr. Sedlacek said the sidewalk is not subject to the conditional use permit but Staff wanted to make sure this is something that could be added this summer. Councilmember Schneeman asked if the funds to be used were CDBG funds. Mr. Sedlacek said that was correct. Councilmember Schneeman said these funds have to be used by June. Mr. Sedlacek said the deadline is June 30th. Councilmember Vitelli moved adoption of Resolution No. 08 -15: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1695 DODD ROAD, MAKING ANY REVISIONS THE COUNCIL DEEMS NECESSARY." Councilmember Krebsbach seconded the motion. Ms. McDeiuiott said Staff received a report from the realtor who is listing the city owned parcel at .2144 Dodd Road. The realtor states he has received no activity on the property since September. Ms. McDermott said she had received one call since then inquiring about potential uses for the property. Ms. McDermott said the realtor recommends that the City reduce the price for the property by 10 %, which will bring the listing price down to $162,000. COUNCIL COMMENTS ADJOURN March 4, 2008 Page 13 Councilmember Vitelli said he is doubtful the lot will sell at this price, as someone could buy a lot in Hidden Creek for a couple hundred thousand dollars and have a more desirable lot. Council supported the price reduction. Councihneinber Krebsbach said she would like an update on the high school sports. Councilmember Schneeman said Sibley is rated #5 in basketball, and St. Thomas won the state swim competition. Councilmember Schneeman said it's the season now for hockey tournaments and basketball tournaments and wished all the teams good luck. There being no further business to come before the Council, Mayor Huber adjourned the meeting to the Closed Session for Labor Negotiations. Time of Adjournment 8:20 p.m. lif RelS ecca Shaffer Recording Secretary