2008-06-17 City Council minutesJune 17, 2008
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, June 17, 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: Huber
CONSENT CALENDAR
Mayor Huber called the meeting to order at 7:30
p.m. The following members were present:
Councilmembers Duggan, Krebsbach and
Schneeman. Councilmember Vitelli was excused.
Council, the audience and staff recited the Pledge of
Allegiance.
Councilmember Duggan moved adoption of the
agenda as revised. Councilmember Schneeman
seconded the motion.
Councilmember Duggan moved adoption of the
minutes as revised. Commissioner Schneeman
seconded the motion.
Councilmember Duggan moved approval of the
consent calendar as presented, pulling item f, and
authorization for execution of any necessary
documents contained therein.
a. Acknowledgement of the Par 3 Update, April
and May 2008.
b. Appointment of Secretary / Utility Bill Clerk.
c. Approval of appointment to Mechanic Position.
d. Approval of Cell Tower Agreement.
e. Approval of Sign Permit for Verizon Wireless,
740 Main Street.
June 17, 2008
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f. Discussion of an ordinance amending Title 4 of
the city code.
g. Approval of the List of Contractors, dated
6/12/08.
h. Approval of the List of Claims, dated 6/17/08,
totaling $283,194.52.
Councilmember Schneeman seconded the motion.
Councilmember Duggan referred to item d and said
there was a lot of discussion at the last meeting, and
this does include the bond that was a concern.
Councilmember Duggan said he appreciated the
help from the City Attorney and Staff on this.
Councilmember Duggan referred to item f and
noted a suggested change he submitted. That
change is located under Section 1 -0 "Outdoor
Power Implement /Construction Activities in
Residential Districts ", and says "outdoor power
implements including lawn mowers, hedge clippers,
and power saws ". Councilmember Duggan said he
is requesting that this be added, and this is
something that the City of Burnsville is using.
Mayor Huber said he can't see doing that, and
understands Councilmember Duggan's reasoning on
this, but he believes a lot of people cut the grass in
the evening, and that may not give residents time in
the evening to cut their grass.
Councilmember Krebsbach asked if there needs to
be a public hearing on this.
Mayor Huber said he believes that people should
not be trimming hedges and mowing lawns at 9:30
pm, but 7:30 pm is unreasonable.
Councilmember Schneeman mentioned that there
was an issue a few years ago with someone j ack-
hammering at his home and there is already
language in the ordinance to address that. City
Administrator Jim Danielson said it is not in the
ordinance, but construction companies /developers
have this requirement in their development
agreements.
Ayes: 4
Nays: 0
ANNOUNCEMENT
June 17, 2008
Page 3
Councilmember Duggan said this ordinance should
apply to residents doing this type of work in their
home. There are also concerns about unnecessary
noises such as radios.
Councilmember Krebsbach said she is cautious
about changing the ordinance based on just a few
complaints.
Mr. Danielson said public hearings are only
required for zoning ordinance changes, but for the
other parts of the ordinances, there is only
publication of the ordinance required.
Councilmember Krebsbach suggested tabling this
discussion until the next meeting. Councilmember
Schneeman said she would like that.
Councilmember Duggan said this could be
implemented to each individual application where
Staff would provide the applicant with a note
regarding this ordinance, to make them aware of the
noise impacts in the early mornings and late
evenings. Councilmember Duggan said the
ordinance would give flexibility to emergency
cleanups.
Councilmember Krebsbach encouraged residents to
send in their feedback on this issue.
Councilmember Schneeman said Mendota Heights
residents are very independent and she would be
very cautious about imposing a lot of restrictions on
them.
Councilmember Krebsbach moved to table
discussion on the proposed ordinance.
Councilmember Schneeman seconded the motion.
Mayor Huber announced that this meeting will be
the last to begin at 7:30 pm, and that all the future
regular City Council meetings will begin at 7:00
pm.
PRESENTATION
June 17, 2008
Page 4
Mr. Jay Haugen, Superintendent of School District
197, gave an update on the current activities of the
school district.
Mr. Haugen reviewed some of the construction
projects going on:
• Henry Sibley High —
o Remodel of first floor classrooms to be
similar to second and third floor.
o Installation of lighting, replacement of
chilled water piping, tile replacement,
lockers added to boys' locker room, and
video cameras.
o Replacement of hot water system and main
rest room sinks on the first, second and third
floors. New entrance for district offices.
• Friendly Hills Middle School —
o Replacement of fan powered variable air
volume boxes (cost: $600,000).
o Parking lot and dock improvements.
o As results of winning litigation, new air
handling systems will be installed.
• Mendota Elementary —
o Fin tube radiation installed in classrooms.
o Asphalt replacement on southwest
playground.
o Adding lighting automation.
o Rolling partitions to the gym.
• Somerset Elementary —
o Installation of video cameras.
o Painting bell tower.
o Refinishing gym floor.
o Landscaping improvements.
Mr. Haugen said the school district will be
celebrating their 150th anniversary. The first school
in the district was Somerset, and he gave some
history on the school.
Mr. Haugen reviewed the 2008 — 2012 goals,
strategies and accountability measurements that are
in place. Those goals are: Testing, Excellence,
Stewardship and Climate. Mr. Haugen also talked
about the successful play that was written by five of
the district's teachers.
HEARING: LIQUOR LICENSE
WINDY CITY PIZZA
June 17, 2008
Page 5
Mayor Huber thanked Mr. Haugen for his
presentation.
Councilmember Schneeman said she was very
pleased with the shadowing program, and would
like to see that offered again.
Councilmember Krebsbach complimented Mr.
Haugen on the district's and Henry Sibley's
websites as she could easily follow the basketball
tournament.
Councilmember Duggan said he is glad to have the
district "think outside the box" and said he believes
these students are capable of going well beyond
being the "productive members of society ", and
congratulated the district for going in this direction.
Councilmember Krebsbach spoke of the basketball
tournament at the Target Center, and how the
students demonstrated teamwork, projecting a
strong sense of community.
City Clerk Kathleen Swanson presented the liquor
license application for Windy City Pizza. Mayor
Huber said the hearing is set for tonight and action
will be taken at the next City Council meeting.
Ms. Swanson said this application is for on -sale
wine and 3.2 malt liquor licenses. Ms. Swanson
said the city's ordinance now allows the sale of
strong beer with wine. The applicant, Windy City
Pizza, dba Tommy Chicago's Pizzeria, hopes to
open in the Village at Mendota Heights, adjacent to
the Sage Market. Ms. Swanson said the facility
meets the ordinance requirements for wine licenses
and the application is complete. Staff has not yet
completed the investigations as the investigators
have been either in school or on vacation.
Ms. Swanson said the hearing on this application
should be continued to the next Council meeting for
action.
June 17, 2008
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Mr. Tom Magnuson, on behalf of Windy City
Pizza, said Windy City Pizza originated out of
Seattle and has been there for about 15 years.
Mr. Magnuson said they tried a venture in South St.
Paul for awhile but did not like the location. Mr.
Magnuson said the investors (some from Mendota,
Mendota Heights, and Sunfish Lake) asked Mr.
Magnuson if he would be interested in trying a
location in Mendota Heights.
Mr. Magnuson said they will be starting small, with
pizzas, salads, and calzones, moving onto offering
pastas later in the year.
Councilmember Duggan asked if there are any
plans for a sit -down dining arrangement. Mr.
Magnuson said they will offer takeout and delivery,
as well as a 58 -seat dining area.
Councilmember Duggan asked if they will be
having outside seating. Mr. Magnuson said that is
definitely a possibility, but right now the investors
have a strict budget, and that Staff informed him he
could do this at a later time by filling out a
supplemental application.
Councilmember Duggan asked where one would
find another of the applicant's restaurant in the
metro area. Mr. Magnuson said this will be the first
one, other than the failed one in South St. Paul.
Councilmember Duggan asked if there is an
estimated opening date. Mr. Magnuson said it
would be around July 25 -28, 2008.
Councilmember Krebsbach said it will be nice to
have pasta.
Councilmember Krebsbach said she voted against
the liquor license for Theresa's because it was open
until 1:00 am. Mr. Magnuson said their game plan
is that they will stay open until 11:00 pm,
depending on how business is. Mr. Magnuson said
this is not intended to be a bar.
Ayes: 4
Nays: 0
FOURTH OF JULY FIREWORKS
June 17, 2008
Page 7
Councilmember Duggan suggested that Mr.
Magnuson bring updated information to the next
meeting with the firm hours of operation. Mr.
Magnuson said he will do that.
Councilmember Krebsbach said this will be a great
addition to the city.
Mayor Huber asked for questions and comments
from the audience.
There being no questions or comments,
Councilmember Duggan moved to continue the
public hearing to the July 1st City Council meeting.
Mayor Huber seconded the motion.
Mayor Huber said he has seen a new store going in
to the Village, the Three Kittens Yam Shop.
Mr. Danielson said once again, the Mendakota
County Club is planning on having a fireworks
display as they have for many years. Mr. Danielson
said the city has cooperated with them to have this
display. This year, they are asking the City to
increase their donation to be able to keep with the
increased costs of this event. They are now asking
the city for a $500 increase to their annual
participation.
Councilmember Schneeman said they should split
this and have the City pay just $250.
Councilmember Krebsbach said she thinks the City
should give the $500. There will also be a band this
year. Councilmember Krebsbach said this is a
Mendota Heights event.
Councilmember Duggan said in the Staff Report, it
states that the City will again provide added traffic
control, police and fire protection, provisions of
portable bathrooms, and community publicity.
Councilmember Duggan asked Staff if there is a
dollar figure for those contributions that the City is
also making, and have made in the past, to
Mendakota. Councilmember Duggan said he as
Ayes: 3
Nays: 1 (Councilmember Schneeman)
UNITED PROPERTIES
June 17, 2008
Page 8
supported the concept, as he has in the past, and is
willing to go to $2,750 for the next two years.
Councilmember Duggan said this will lock in at
least another year because there have been fairly
continuous increments on their part to the city. If
this year they are adding additional service that
might bring in more money, he would be delighted
for them that this would be the case.
Mr. Danielson apologized and said he does not have
the city cost figures at this time.
Councilmember Duggan moved to increase the
City's contribution to $3,000 as requested, keeping
it at $3,000 for the next three years.
Motion failed for lack of a second.
Councilmember Krebsbach moved to approve the
request for $3,000 contribution for the Mendakota
Fourth of July Fireworks event for this year, and
look at this on a year to year basis.
Councilmember Duggan seconded the motion.
Public Works Director Sue McDeiiiiott said several
months ago, United Properties was before the
Council regarding the property at the corner of
Northland Drive and Pilot Knob Road. They were
interested in putting in a retail center with a gas
station. Since then, they have changed their plan
and would like to build a hotel along with a retail
center that does not include a gas station, but would
have amenities for the industrial park such as dry
cleaning, or a coffee shop.
Ms. McDermott said in order to accomplish this in
the industrial zone; Staff has been working with
United Properties and has recommended that they
request an ordinance amendment to allow this type
of use with a conditional use permit in the industrial
zone.
Ms. McDermott said the city planner has made
some recommendations on the language and has
been working with George Burkhards of United
June 17, 2008
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Properties on this language. The language would
essentially be allowing: a greater floor area ratio,
more than one building on the lot, retail uses that
would be similar to uses allowed in the B -2 zoning
district, drive -up or fast food restaurant, only
allowing the type of use adjacent to an interstate
highway being within 300 feet of an interchange
ramp. Ms. McDermott said they are also requesting
shared parking.
George Burkhards, United Properties, thanked the
council for their time to listen to this proposal. Mr.
Burkhards said this particular site had a covenant
for a sit down restaurant that expired about 11/2
years ago.
Mr. Burkhards said United Properties selected The
North Central Group to enter into a purchase
agreement with the condition that this receives both
the approvals of the City and United Properties.
United Properties will have architectural standards
that they will need to meet. The same holds true for
the retail center. Mr. Burkhards said the structures
will have some form of slanting roofs, and there
will be one major access off Northland Drive.
Mr. Burkhards said there are no specific plans at
this time in terms of how the hotel and retail center
will look, but it will be upscale or better.
Mr. Burkhards said if the hotel design is approved,
the construction start date will be the first part of
2009. The retail center would come following the
completion of the hotel.
Councilmember Krebsbach said the reason the
Council did not want a gas station is because they
did not want this to be a hang out, and it sounds like
this plan will be an upscale hotel with limited retail
services.
Mr. Nathan Gundrum, Director of Development of
The North Central Group, said his company is a
hotel development and management company based
out of Madison, Wisconsin. Mr. Gundrum said his
June 17, 2008
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company currently has the hotel portion of the
subject site under contract with United Properties.
Mr. Gundrum said The North Central Group has
been in the hotel business for 25+ years, and in the
course of that time, they have developed over 50
properties ranging from full service hotels to
economy type brands.
Mr. Gundrum said they currently have 25 hotels in
their portfolio, which includes the Hampton Inn in
Eagan and the Hilton in Maple Grove. Their
portfolio consists exclusively of Hilton and Marriott
products, which are considered to be premier
brands.
Mr. Gundrum said the brand they are proposing for
this particular site is the Homewood Suites, which
is a Hilton product. Mr. Gundrum said the
Homewood Suites is an extended stay hotel, and
explained some of the amenities and showed
pictures of some of the projects they have done.
Councilmember Krebsbach asked Mr. Gundrum
what he envisions this to look like if approved. Mr.
Gundrum said he would pick the 4 -story wood
frame structure, with a pitched roof, with 124 guest
rooms.
Councilmember Krebsbach said one of the things
the Council is interested in is the growth of the
industrial park in the next ten years, to serve the
regional corporate headquarters. Councilmember
Krebsbach said she believes this would be a good
product.
Councilmember Duggan expressed his preferences
in the style of the three examples, and said he is
pleased with this concept and not having a service
station, and supports what the applicant is trying to
do.
Councilmember Krebsbach said the height
restriction has nothing to do with the airport, but is
the City's own restriction. Mr. Danielson said the
ordinance allows four stories, but if going to five,
June 17, 2008
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the applicant may want to check with the airport's
restrictions. Mr. Gundrum said the proposal would
be for four stories. Mr. Gundrum said the current
zoning allows for 45 feet, they asking for 50 feet
because United Properties prefers the pitched roof
and the height is measured to the mid -point of the
roof. The airport zoning allows for 110 feet.
Councilmember Krebsbach said she prefers a
concrete construction over wood frame.
Councilmember Schneeman said she supports the
whole thing and has great confidence in Mr.
Burkhards. She does not care one way or the other
about the height.
Mayor Huber said he looks forward to having Staff
bring something forward and feels good about the
quality that United Properties has brought to the
City.
Mr. Gundrum said he appreciates the feedback.
Mr. Sedlacek said at the last meeting, a group of
citizens living near Marie Park came forward with a
request to consider using the rink area in the park
for an off -leash area for their dogs to run, placing a
gate in the opening of the rink. The Council at that
time asked Staff to have the Parks Commission take
up this matter. The Parks Commission did speak
about this last week at their meeting, and there were
some residents in attendance in favor of this project,
and the Parks Commission decided it might be
reasonable to consider a trial of this on a temporary
basis.
Mr. Sedlacek said notification was sent out to
residents within 100 feet from the borders of the
park.
Mr. Sedlacek said the request tonight is to allow
dogs to be off leash in the hockey rink area and in
order to do that, the City would need to change the
current ordinance relating to dogs. Right now, the
ordinance says that any dog that is off the owners'
property must be restrained by a 6 foot leash.
June 17, 2008
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Staff is asking for what might be a reasonable
change to the ordinance if this were to be done, and
how would and to what level would this be
enforced.
Staff said a lot of feedback was received and there
are people very passionate about this situation both
for and against it.
Mr. Sedlacek said regarding the use of the rink
itself, he received some responses that brought
concerns about the safety of the children who
currently use that space for soccer. Questions came
about who would receive priority, the children or
the dogs. Questions on bringing the pets to and
from the rink, as well as noise issues, were brought
up. Residents also wanted to know if people
outside the city would bring their pets into the park.
Mr. Sedlacek said people are asking what time this
use would be allowed.
Mr. Sedlacek said responses in favor of this request
included residents looking for a secured area to
allow the dogs to be social with each other, and this
does serve residents in the neighborhood, going on
without any complaints from the neighbors for
some time already.
Mr. Sedlacek said it is also important to know of the
concerns for dogs in the park generally. There is a
lot of concern over irresponsible dog owners,
multiple stories of dogs on back patios of homes,
and concern about the youth not being able to roam
the park as freely with the fear of encounters with a
large and /or unfriendly dog.
Mr. Sedlacek said if residents have a dog -at -large
on their property, the city cannot do anything about
it unless they are aware of it, and Staff is
encouraging residents to call 911 if there is a
problem as this is the only way the City has to
record if there are issues.
Mr. Sedlacek said if there is to be a trial period,
there needs to be a timeline and evaluation process
June 17, 2008
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established, and how to enforce it, along with
having the appropriate language.
Councilmember Schneeman asked to be excused at
this time (9:00 pm) as she had a prior commitment.
Before she left, she said she thinks this is a great
idea and putting up a gate and having just a few
hours a day is not such a big issue, but it seems
people are making a much bigger thing out of it
than it is. Councilmember Schneeman said she
would vote for this if she could stay at the meeting
at this time.
Mayor Huber asked if there is any type of formal
use to this field at this time. Mr. Sedlacek said
there is not during the summer months.
Councilmember Krebsbach asked about the
liability, and Councilmember Duggan asked who
would assume liability should a child or dog is
attacked in a city approved area. City Attorney
Tami Diehm said the liability would fall upon the
dog owner based on the language of the ordinance.
Councilmember Duggan asked if the only locations
that would work for this type of use, with a grassy
area, is Marie Park and Wentworth Park. Mr.
Sedlacek said that was correct.
Councilmember Duggan referred to item C of the
existing requirements and restrictions involving
dogs, "no owner shall permit his/her dog to attack
or bite a person outside the owner's premises ", and
said there were some recent situations where dogs
were attacking and biting other dogs, and is not so
sure that the Council shouldn't include that separate
from any discussion here.
Mayor Huber invited residents in the audience to
speak on this issue.
Tony Ruiz, 1775 South Victoria Road, said he
questions how the city staff will enforce this
ordinance in keeping people from outside the city
coming to this park. Mr. Ruiz asked how the city
will monitor the use. Mr. Ruiz said people usually
June 17, 2008
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let their dogs run a lot in the park, especially
Saturdays and Sundays. Mr. Ruiz said he has had
dogs on his deck three times this spring. Mr. Ruiz
said he was a dog owner, losing his dog a few years
ago. Mr. Ruiz said he does not want to use the 911
emergency systems for this type of situation; the
responders have much more important things to do
than come see the dog on his deck. Mr. Ruiz said
he is concerned about the level of noise. Mr. Ruiz
said Marie Park has more homes around it than
Wentworth, and he is not saying he would put that
use in Wentworth; he just does not want to see it at
all.
Lynette Steuck, 1795 Victoria Road South said she
lives directly behind the rink and talked about the
nice off -leash parks in the metro area. This
proposal would most likely increase the use of the
park by other residents in the city, and would not
just be used by the closest residents. Ms. Steuck
expressed her concerns about the dogs running
around the park, and this is a park for kids. This
rink is a very small area, as opposed to the off -leash
areas that are acres and acres in size, with trees.
Kim Smith, 1783 Lovett Lane, said this park use
may offer a resolution to the complaints for loose
dogs. Ms. Smith said she goes to off -leash dog
parks, and this proposal would not be such a park.
This is just a pen, and it would be unlikely that
someone will drive from Eagan into the center of
Mendota Heights to go to this tiny little area.
Betty Johnson, 1755 Victoria Road South, said she
and her husband have been dog owners in the past,
and she grew up living on corner of Douglas and
Victoria by the park. Ms. Johnson said her and her
husband recently purchased their grandfather's
home at 1755 Victoria Road South, and lived there
for about six years. Ms. Johnson said any memory
she has growing up on that corner is not of
problems with neighbors respecting properties or
dogs coming into yards as they have in the past
three years. Ms. Johnson referred to some items
that were in the Southwest Review and Sun Current
and said there is a lot of barking, and a lot of dogs
June 17, 2008
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are not leashed from the cars to the rink. In
addition, the dogs have jumped in tennis players'
cars and are allowed by their owners to proceed to
walk around the pond and in the park without a
leash, running into neighboring yards at free will.
Ms. Johnson said she has had damage to her garden,
and on one occasion, a dog charged into her yard
frightening their children. Repeated requests to
keep dogs leashed and under control have been
refused. Ms. Johnson went on to say that dog park
advocates do not recommend children share parks
with dogs as children are the first to get harmed.
Ms. Johnson asked the Council to not turn Marie
Park into a dog park.
Nancy Gruber, 1081 Douglas Road, said she
considers herself a responsible dog owner and was
hoping this would be a proposal to alleviate some of
the problems. Ms. Gruber said there are certainly
some valid concerns, but she would like to use the
park for her dog as well, and she keeps her dogs on
leashes at all time. Ms. Gruber said she has never
had an encounter with an angry resident and is
surprised to hear that this is a common occurrence.
Ms. Gruber said she believes that if the dogs were
enclosed within hockey rink, this would eliminate
problems as opposed to create more. There could
be some kinds of regulations to limit access. Ms.
Gruber said she would like to be able to throw a
Frisbee to her dog and be able to enjoy the park as
well. She does not believe this is a big deal.
Diane Levine, 1057 Overlook Road, said she started
coming to the park about 2 years ago, and has
enjoyed the friendships that have been created by
going to the park. Ms. Levine said the 8:00 to 9:00
am timeframe is a reasonable time to have dogs in
the park as there are not lot of people in the park at
that time. This proposal would also alleviate the
potential problems of dogs running into neighboring
yards. Ms. Levine said she does not like the idea of
using 911 and perhaps there is another avenue to
allow people to voice their opinion during a trial
basis. Ms. Levine encouraged the council members
to come to the park and see what it's like.
June 17, 2008
Page 16
Jean West, 1833 Eagle Ridge Drive, said she has
difficulty in properly exercising her one year old
collie, and finds this rink to be a better solution for
her. Ms. West said she goes to the park when there
are other residents there in case her dog gets away
from her and she can't go after him. Ms. West said
her dog has never been in anyone else's yard so far,
and she has a very long leash that she can step on to
stop him from going out the door. Ms. West said a
gate is a very simple solution to keep the dogs out
of trouble and out of neighbor's yards.
Sue Washenberger, 1773 South Victoria Road, said
people are letting their dogs loose and they are
running in to her yard. Ms. Washenberger said she
has noticed that when the dogs are on the leash,
they are quiet, when they are loose, they bark a lot
more. This barking starts at 8:00 am and goes until
9:00 am. The dogs are in the yard and up on the
deck. Ms. Washenberger said she was a dog owner
for many years, and her dog was always in the yard
on chain, giving the dog ample room to exercise.
Ms. Washenberger said the barking is tremendous.
Mary Jo Skaar, 1869 Eagle Ridge Drive, said she
has a 10 pound dog that does not bark too much,
and understands the concerns of the neighbors, not
wanting to be an irresponsible neighbor to them.
Ms. Skaar said at the same time, she thinks they
must recognized that within the last three weeks,
this group has tried very hard to keep the dogs in
the rink and not allow them to run. The barking has
gotten much better. Ms. Skaar said she would like
to know if this is a problem all day long, and can
something be worked out. A trial period would be
nice to have.
Mayor Huber thanked everyone who came to the
meeting. Mayor Huber said he is a huge believer
that when somebody has an idea, it should be talked
about, and sometimes talked about as a city. That is
not always comfortable and sometimes, as a
community, the answers are not always what
everyone wants to hear. Mayor Huber said he
appreciates everyone's thoughts on both sides of
this issue.
June 17, 2008
Page 17
Mayor Huber said it is his personal feeling that he is
a believer in all things in moderation, and it depends
on what the activity is and when one does it. Mayor
Huber said he has wonderful neighbors that may
occasionally have a party that goes too late into the
evening, and Mayor Huber said he could care less
because they are having fun. Mayor Huber said he
would be concerned if the neighbor turned into the
neighborhood karaoke bar every Friday and
Saturday night.
Mayor Huber said relative to the dog situation, he
would think that 99% of the neighborhood could
care less if one dog was running around, getting into
a yard or onto a deck. Mayor Huber said it
concerns him when there is a clustering of dogs.
One dog running around inside the hockey boards
on an occasional basis is not an issue, but if there is
a situation where the community is invited to come
in and have a lot of dogs running around, that is not
a good situation.
Mayor Huber said this is then imposing something
on the neighbors around the park that these
neighbors would not have a reasonable expectation
of what would be going on. Mayor Huber said he
does not believe that the residents living next to and
around the park should have a reasonable
expectation of the City encouraging having dogs
from the community as well as the potential of
outside the community. Mayor Huber said this
community is fairly low service, and the city is not
staffed well enough to spend time permitting and
monitoring. The City does not have the resources to
start staffing dog parks. Mayor Huber said he would
also have a hard time calling 911 for a problem.
Mayor Huber said he is happy that these residents
had a chance to bring forth the idea, and thinks that
something that encourages the clustering of dogs in
a particular area is not a path the City wants to take.
Mayor Huber said there are also a lot of residents
that, because they have to work during the day,
would not be able to use the park.
June 17, 2008
Page 18
Mayor Huber said he does not want to impose on
residents something that is not necessary to do.
Councilmember Krebsbach said she had talked
previously about going through a permitting
process, and looking into the possibility of a dog
park may be something the City should look at in a
more appropriate area.
Councilmember Krebsbach said it is very hard to
have something on a trial basis because it tends to
get locked in and it's hard to change.
Councilmember Duggan said of the five 911 centers
that handled all the emergency calls coming in,
there is now one center, Dakota Communications
Center in Empire Township, that does hear all the
calls. Councilmember Duggan encouraged
residents to feel free to call 911 to handle even
minor issues, and that the call center can handle
them.
Councilmember Duggan said he suspects that the
police department would not want to address and
monitor issues and concerns of residents regarding
complaints about dogs. The big area the police is
concerned about is domestics, which are one of
their more unwelcome challenges.
Councilmember Duggan said there is no right or
wrong here, as there are people supporting dogs and
those that don't. Councilmember Duggan said
when this community was constructed, the
emphasis was to provide parks for children and
adults, and not excluding animals, but the primary
consideration was for people, for people to enjoy,
and for providing trails for people to enjoy.
Councilmember Duggan said the situation with
dogs is something that had not been thought out
even though Mendota Heights has been one of the
first communities to plan ahead before any other
community in the State of Minnesota in relation to
having plans for the city.
June 17, 2008
Page 19
Councilmember Duggan said he believes that the
dog park advocacy suggested that a park should be
built away from children and that makes sense.
Councilmember Duggan said he received mostly
negative comments on this and he is the one who
asked staff to draft a letter, unfortunately on short
notice, to the homes around or near these parks,
who should know what is happening and should
have the opportunity to respond. Councilmember
Duggan said it seems to be 50 -50 split for those in
favor and those who oppose.
Councilmember Duggan said he would suggest
leaving the situation the way it is and despite the
protests from people who say they can take care of
their dog, he hears many complaints that people
walking dogs on trails do not pick up after their
dogs, and this impacts everyone. And right now,
since the City does not have a constructed off -leash
area for dogs, he does not support the idea of having
that here in this area or even at Wentworth Park at
this time. Councilmember Duggan said there is a
great spot by St. Peter's Church, but wonders how
one would construct a fence around it to make it
work, and suggested that residents who want this
amenity do some research and see if an appropriate
location can be found.
Councilmember Krebsbach said she believes the
City should look at where a dog park could be
located, and what the cost would be.
Councilmember Krebsbach said there is one by
Lake of the Isles which seems to function just fine.
Councilmember Krebsbach asked if
Councilmember Vitelli submitted his thoughts on
this. Mr. Danielson said he did and that he is
opposed to this. Councilmember Duggan said,
according to the minutes, Councilmember Vitelli
stated that he would not support a permit process as
that would place another task on the police
department or staff.
Mayor Huber said there will be no motion to pass
any direct ordinance with this in. Mayor Huber
thanked everyone for coming in this evening.
June 17, 2008
Page 20
SALE OF CITY LOT Mayor opened the discussion on the city owned lot
located at 2144 Dodd Road.
Councilmember Duggan suggested swapping the
land with the Lilydale for the lot that is for sale as it
is surrounded with Mendota Heights land.
Mayor Huber asked what would Lilydale do with
the lot on Dodd Road. Councilmember Duggan
said they could sell it.
Mayor Huber said there have been no offers coming
in for a residential use and he feels that the City is
getting to the point that City gave it a fair shot to
sell as residential. It was noted that Dr. Wild
submitted a proposal in December, 2007.
Mayor Huber said Councilmember Schneeman
brought forth an idea to have two council members
work with the neighbors on possibly having a
commercial use on this property. Mayor Huber said
with the help of the neighbors, it's possible that a
commercial idea may work.
Councilmember Krebsbach said she believes that
the neighbors had not all been contacted in the past
about zoning on this area, and commercial buildings
can have residential look to them. Councilmember
Krebsbach said she is fine with this.
Mayor Huber suggested waiting another 4 to 6
weeks before starting this process.
Councilmember Duggan said he does not believe
the City of Lilydale would be interested in
swapping either as they would lose money on the
deal.
Councilmember Duggan said the Council knew that
the lot doesn't meet the standards for commercial,
but was told by the legal staff that a change can be
made to accept the fact that 18,000 sq. ft. is fine,
which is less than the 20,000 sq. ft. minimum.
Councilmember Duggan said it should be
recognized that, in 2002, the Council put in the
June 17, 2008
Page 21
comprehensive plan that this was one of those lots
that should be residential.
Councilmember Krebsbach said it also depends on
if the neighborhood objects to this.
Mayor Huber said his feeling is that this is a lot that
the City needs to find the right structure to put on
there. Mayor Huber recommends sending a letter to
the residents around this lot sometime during the
second week in August telling them that this topic
will come up on the agenda.
Councilmember Duggan said it makes more sense
to list this as commercial, and believes the City
could get $155,000 to $160,000 easily for that lot.
Mayor Huber asked if the current price should be
changed now. Councilmember Krebsbach said she
believes the City should wait and allow people to
make an offer.
City Clerk Kathleen Swanson said in the process of
interviewing candidates for the Utility position,
comments were received from the two city
receptionists about the level of work on the
receptionist job. Ms. Swanson said she looked at
the League of Minnesota Cities salaries for
comparable work performed and found that the City
of Mendota Heights is paying considerably less than
other cities of the same size. In addition, Mary and
Jake could both use some clerical support and the
existing receptionist is excellent for this type of
support as well as doing the receptionist duties.
Ms. Swanson said it seems this is the appropriate
time to raise the level of pay for this position and
pay classification plan. Ms. Swanson said several
years ago, the police receptionist position was
upgraded to secretary but this request is not raising
to that level.
Councilmember Duggan moved to reclassify the
Receptionist / Clerk position to Grade 10 in the
Position Placement and Pay Classification Plan, to
adopt the proposed position description and to grant
Ayes: 3
Nays: 0
COUNCIL COMMENTS
June 17, 2008
Page 22
full -time status to Pam Deeb as Receptionist / Clerk
effective June 23, 2008.
Councilmember Krebsbach seconded the motion.
Mayor Huber reminded everyone that the next
meeting begins at 7:00 pm.
Mayor Huber thanked everyone again for helping
out with the Celebrate Mendota Heights Parks days.
Councilmember Krebsbach said the Shrek movie
was not played. Councilmember Duggan said that
the band did not play either, both being cancelled
because of the upcoming storm.
Councilmember Krebsbach said the park
celebration events were great, and looks forward to
the July 4th fireworks event.
Councilmember Krebsbach commended Ms.
McDermott for her work. Ms. McDermott's last
day in Friday, June 20th. Councilmember
Krebsbach said Ms. McDermott's work was
outstanding.
Mayor Huber told Ms. McDermott that she will be
missed very much, and the City was blessed by
having her. Mayor Huber wished her and her
family the best. Ms. McDermott thanked everyone
for their good wishes.
Councilmember Duggan said Ms. McDei inott will
be only about six miles from his place in "the old
people section of Arizona ".
Mayor Huber said he noted last week the
temperature in Arizona was a very pleasant 102 °.
Councilmember Krebsbach told Ms. McDermott to
call when she is ready to come back!
Councilmember Duggan shared photos of the
southwest corner of Ireland (Kerry and Dingle), and
said that former Planning Commissioner Bernie
ADJOURN
Ayes: 3
Nays: 0
ATTEST:
June 17, 2008
Page 23
Friel, and one of the most talented photographers in
the city was impressed.
Councilmember Duggan said he and Mr. Danielson
tried to meet with Bruce White regarding Pilot
Knob language but he had received a bad tick bite
and is having some challenges with that.
Councilmember Duggan said with the challenges
with gas prices, he was wondering if the City could
provide the Police Department with scooters or
bicycles to be used only in residential areas to save
some money in the budget.
Councilmember Duggan asked about some houses
being torn down on Highway 110, halfway between
Dodd and Delaware. Mr. Danielson said the Dodge
Nature Center used to rent these homes out, but
recently have not been successful, and decided to
tear them down.
There being no further business to come before the
Council, Councilmember Duggan moved to adjourn
the meeting.
Councilmember Krebsbach seconded the motion.
Time of Adjournment 9:50 p.m.
Rebecca Shaffer
Recording Secretary