2007-04-17 City Council minutesApril 17, 2007
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 17, 2007
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota
Heights, Minnesota.
CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The
following members were present: Councilmembers Duggan,
Krebsbach, Schneeman and Vitelli.
PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of
Allegiance.
AGENDA ADOPTION Councilmember Schneeman moved adoption of the agenda
as presented. Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Duggan moved to approve the minutes of
the March 20, 2007 City Council Meeting as corrected.
Commissioner Krebsbach seconded the motion.
Ayes: 5
Nays: 0
Councilmember Krebsbach moved to approve the minutes of
the April 3, 2007 City Council Meeting as presented.
Commissioner Schneeman seconded the motion.
Ayes: 3
Nays: 0
Abstention: 2 (Councilmembers Duggan and Vitelli)
CONSENT CALENDAR
Councilmember Krebsbach moved approval of the consent
calendar as presented, with the removal of Item j for further
discussion, and authorization for execution of any necessary
documents contained therein.
a. Acknowledgement of the NDC4 Meeting Minutes and
Agenda.
b. Acknowledgement of the Minutes from the April 10, 2007
Parks and Recreation Meeting.
c. Acknowledgement of the Approved Minutes from the March
14, 2007 Airport Relations Commission Meeting.
d. Acknowledgement of the Fire Department March 2007
Ayes: 5
Nays: 0
ITEMS PULLED
FOR DISCUSSION
Ayes: 5
Nays: 0
PRESENTATIONS — PAR 3
April 17, 2007
Page 2
Monthly Report.
e. Acknowledgement of the March 2007 Treasurer's Report.
f. Acceptance of the Workers' Compensation Insurance.
g. Authorization for 2006 Transfers.
h. Authorization to Sign Professional Service Contract for
GASB 34 Assistance.
i. Authorization for Radar Equipment Purchase.
j. Authorization to Solicit Bids for Replacement of Self
Contained Breathing Apparatus.
k. Authorization for Purchase of Single Axle Dump Truck.
I. Authorization for City Administrator to sign Service Provider
Agreements with iWorQ Systems and SEH, Inc.
m. Approval of Sign Permit for 2150 Dodd Road.
n. Approval of the List of Contractors.
o. Approval of the List of Claims.
Councilmember Duggan seconded the motion.
Councilmember Duggan asked that Item j be pulled to
announce that the Federal Government has seen fit to
approve one of the many requests that the City has made for
the fire department. Councilmember Duggan said there is a
small shortfall between what the government is providing
and what is needed. Councilmember Duggan said any
special contributions from residents to support the fire
department would be greatly appreciated.
Councilmember Duggan moved to approve Item j as
presented. Councilmember Krebsbach seconded the motion.
Assistant to the City Administrator Jake Sedlacek said
special referendum election is scheduled for April 24th. The
ballot question will state "Shall the City of Mendota Heights,
Minnesota, be authorized to issue its general obligation bonds
in the amount not to exceed $2,790,000 to defray the expense
of the acquisition and betterment of an existing par 3 golf
course for use as park or other recreational facilities ?"
The locations for voting will be Somerset School, City Hall,
Mendota Elementary School, St. Paul's United Methodist
Church, and Friendly Hills Middle School. Polling hours are
7:00 am to 8:00 pin. Absentee ballots are currently available
at City Hall. City Hall will also be open on Saturday from
10:00 aim to 3:00 pm.
ROBERT STREET
CORRIDOR TRANSIT
April 17, 2007
Page 3
Mr. Sedlacek said the two groups — Save the Par 3 and Vote
No Par 3 — will be speaking on behalf of their groups. Mr.
Sedlacek flipped a coin to start this process. Mr. Sedlacek
announced that Save the Par 3 will be speaking first.
Mayor Huber asked that there be no questions from City
Council or the audience during these presentations.
Tom VanHorn, 758 Evergreen Knoll, spoke on behalf of the
Save the Par 3.
Bob Bonine, spoke on behalf of the Vote No Committee.
Public Works Director Sue McDermott introduced Sam
O'Connell, Project Manager, Dakota County Physical
Development Division. Ms. O'Connell gave a presentation
about the Robert Street Corridor Transit Feasibility Study.
Ms. O'Connell said Dakota County received $500,000 from
the State Legislature last year and was asked to look at this
corridor to define the transportation issues in this area. Ms.
O'Connell said it has been about 16 years since the last study
was done.
Ms. O'Connell handed out copies of her presentation.
Ms. O'Connell talked about the process that Dakota County
will be going through. Ms. O'Connell reviewed some
highlights as follows:
* New Starts Timeline: 7 —14+ years.
* Partnering with Ramsey County.
4. A Steering Committee has been formed to serve as an
advisory role, assisting in defining transportation issues
and identifying alternative roadway and transit strategies.
Also, to provide communications to business, residents,
and governments in the corridors.
* A Technical Advisory Committee will consist of
planners, engineers, city administration, and other
technical professionals to provide regular input to the
Steering Committee. Ms. O'Connell thanked Ms.
McDermott for her assistance on this committee.
* Scope of Work:
o Develop purpose and need
o Document existing conditions
o Study goals: objectives and preliminary evaluation
o Land use studies
DAKOTA COUNTY
2030 VISION
April 17, 2007
Page 4
o Transit market forecasts
o Conceptual alternatives
o Identify capital and operating costs
Information will be posted on the County's website.
Mayor Huber commented on Ms. O'Connell's involvements
with MnDot and the Red Rock meetings.
Councilmember Krebsbach asked if there are plans to
connect to Rochester. Ms. O'Connell said there have been
some high speed rail studies connecting the Twin Cities to
Rochester, and a lot of that has been contingent on the
Midwest Regional Rail Initiative. The County is only
studying the local area and may see some indications that
there may be some need to connect on a larger scale.
Councilmember Krebsbach said she believes that Rochester
will continue to grow and there are a lot of people already
commuting from those southern areas.
Mayor Huber asked Ms. O'Connell to briefly describe the
concept of federal funding and cost benefit analysis.
Councilmember Duggan asked if St. Paul is included. Ms.
O'Connell said the corridor will stretch from St. Paul down
to Rosemount. Councilmember Duggan commended West
St. Paul on their effort to grow the Robert Street connection
into Inver Grove Heights, and thanked Ms. O'Connell for an
excellent presentation.
Mayor Huber introduced Celeste Riley, who is on the
committee working with Councilmember Schneeman, and
invited her up to share her thoughts.
Ms. Riley said this was a wonderful presentation and
admires the way the study is being planned and executed.
Ms. Riley said she is continually looking at the future and
what is good for this region.
Lynn Moratzka, Manager of the Office of Planning for
Dakota County, reviewed the 2030 Vision for the County.
This visioning process was started in 2006 and invited a
group of people to be part of an advisory panel, coming from
city staff, the school district, businesses, chambers of
commerce members, children, and non profit agencies.
April 17, 2007
Page 5
Some of the highlights of the presentation included:
4. Land use, housing, economic development and growth
o Population in the county is expected to grow by
150,000 between 2000 and 2030.
o Land use patterns from 1954 and compared to 2006.
One -third of the county land has been developed.
o Conununities are not very walkable, land use is
designed for cars more in the suburban areas.
o Wasteful and inefficient land usage includes too
much parking — 5 to 9 parking places per car.
o Feedback received to promote more mixed -use
areas /corridors. (Example: Town Center at Highway
110 and Dodd Road).
o Create opportunities to have more businesses along
the corridors.
o Opportunities to incorporate amenities into higher
density development.
o Preservation of historical areas
o Encourage active living by investing in pedestrian
and biking facilities, as well as gathering areas.
o More opportunities in affordable housing, keeping
them away from "clustering ".
b Natural resources, open space, and parks
o Adequate wetlands and filtering systems for drinking
water.
o Do more with "living green ".
o Manage storm water and create rain gardens.
o Keeping park systems connected.
o Renewable energy.
b Transportation, transit, and infrastructure
o 47% of workers leave the county for work elsewhere.
o More workers than jobs.
o Pay is better across the river in many cases.
o Traffic on highway system growing at a rate of 5%
annually. Create systems that move people, not cars
— use incentives for non - motorized means of travel.
Use more technology (i.e., telecommuting).
c Health and Human Services, public safety, public health
and education
o Look at how physical infrastructures affect people.
o Poverty levels in Dakota County have increased from
12,700 to 20,250 in a 5 -year span.
o Since 1995, felony drug crimes have increased 358 %.
o In 2004, Dakota County had the 2nd highest number
of DUI convictions in the state.
April 17, 2007
Page 6
Guiding principles: sustainability, interconnectiveness,
collaboration, economic viability, and growth and
nurturing people.
Councilmember Schneeman said she appreciated the
comments on the open space because she believes the City
has done a very good job in the past two years, and in
creating the village too.
Councilmember Duggan asked if the school districts have
been getting involved. Ms. Moratzka said the County is
working with the school districts and community service
providers. Ms. Moratzka said this presentation applies to the
County, but they are working with Met Council on this entire
process.
Councilmember Duggan asked about the non - cluster housing.
Ms. Moratzka said the County has been looking at
opportunities and has been working with CDA to determine
how affordable housing can be spread throughout the
community rather than clustering it all in one specific area.
The County would be very interested in getting some input
from the communities.
LILYDALE WATERMAIN Ms. McDermott presented a request by Lilydale Commons
for a watermain extension for the new condominium building
that is being proposed. This watermain extension will be
following the trail and consists of about 1,800 feet of
watermain.
This proposal was reviewed and Staff was directed to
develop a developer's agreement. This agreement will
require the contractor to provide a letter of credit in the
amount of 125% of the cost of the project, as well as a
$25,000 escrow to cover engineering, administrative and
legal costs. City Staff and St. Paul Regional Water has been
working with the developer and reviewing the plans to assure
they meet all standards. In addition, the developer has agreed
to replace the trail to the park with a 10 -ft. wide trail section,
it is currently 8 -ft. wide.
Staff's recommendation is to authorize the Mayor and City
Clerk to sign the developer's agreement.
Councilmember Krebsbach asked how much disruption to the
park will be. Ms. McDermott said all efforts to minimize
April 17, 2007
Page 7
disruption will be taken, and the trail will remain open to
pedestrians, but may not be paved for a period of time.
If the trail needs to be closed for any period of time, that
information will be posted on the website.
Councilmember Krebsbach asked about tree removal. Ms.
McDermott said there will be some trees removed along the
trail, and there is a plan to replace the larger trees. All costs
will be paid by the developer. These costs will also include
watering.
Councilmember Duggan asked if this trail is used a lot. Ms.
McDermott said it is, and reminded the Council that the
entire trail will not be closed.
Councilmember Duggan asked if there are plans for any
major delays. Ms. McDermott said weather related scenarios
have been built into the timelines. The worst case scenario
would be that the trail would not be paved during the winter
months.
Councilmember Vitelli asked if there will be one primary
contractor. Ms. McDermott said that was correct.
Councilmember Vitelli asked who will be invoicing the
contractor. Ms. McDermott said the invoices will be from
the City. Councilmember Vitelli asked if there will be
progress payments made on a monthly basis, and should the
Contractor not pay, the work will be stopped. Ms.
McDermott said that was correct.
Councilmember Vitelli said there is no language in the
agreement regarding disputes. Ms. McDermott said that
could be added. Ms.. McDermott said the City also has the
letter of credit to draw upon should the contractor not pay.
Mayor Huber asked City Attorney Tami Diehm to review the
contract to make sure the language is correct. Ms.Diehm said
the letter of credit covers more than the amount that the City
will need.
Councilmember Vitelli asked to have verbiage addressing the
monthly payments included in the agreement.
Councilmember Duggan asked about the language that refers
to the "full time resident inspection ". Ms. McDermott said
Ayes: 5
Nays: 0
CONCEPT PLAN
1960 LEXINGTON
April 17, 2007
Page 8
this refers to the City's inspector, who will be inspecting this
on a full time basis.
Councilmember Schneeman asked when construction is to
begin and if there have been any units sold. Erin Manner,
representative of Lilydale Cormnons, said construction is
slated for May, 2007 and there have been 15 -20 units already
sold.
Councilmember Vitelli asked if the City has received
clearance from the propane facility across the street from the
proposed site. Ms. McDermott said they did.
Councilmember Vitelli moved to authorize the Mayor and
City Clerk to execute the Developer's Agreement with
Lilydale Commons for Watermain Extension, and to approve
plans and specifications and authorize for bids for the
Lilydale Watermain Extension (City Project #200611) as
presented. Commissioner Duggan seconded the motion
adding a friendly amendment that additional language be
placed in the agreement to cover the progress payments, tree
preservation, and delays.
Mr. Sedlacek introduced Lance Lemeiux from Southview
Senior Living to discuss the concept plan and potential
purchase of the Royal Redeemer Lutheran Church at 1960
Lexington. Southview Senior Living recently opened a 90-
unit facility in West St. Paul and is now looking to construct
a second location.
Southview Senior Living is requesting feedback from the
City Council on this concept. The concept plan is raze the
existing building and construct a 66 -unit assisted living
facility.
Mr. Sedlacek said there will need to be a zoning change if
the Council feels this would be a good fit within the City.
Ms. Diehm said the idea behind the concept review is that
the developer has the opportunity to come forth and make a
presentation to the Mayor and City Council and to the
audience watching at home, and describe some of their plans
for the site. While the City can give feedback, the City is not
granting any approvals and the developer understands that
April 17, 2007
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they will have to make a formal application to the City.
Often the concept plan is an appropriate way to proceed
because it helps the developer gauge the reaction of the
Council initially to what their proposal is.
Mr. Sedlacek said this property is just under three acres, and
the proposed building would sit back from the roadway
further than the existing church building.
Mr. Lemeiux is the President of Southview Senior Living.
Mr. Lemeiux said this project is a 66 -unit assisted living,
which would have a mix of general assisted living and
memory care assisted living. The site in West St. Paul also
has these services, as well as some independent living. That
facility was totally leased out within the first six months, and
currently has a long waiting list. Mr. Lemeiux shared a
concept drawing and explained how it would be laid out.
Mr. Lemeiux said there is a huge demand for this type of
housing in the area and is in the process of pursuing another
site as well.
Also working on the project is Rick Fenske, Weis Builders,
and Link Wilson, Kaas Wilson Architects.
Councilmember Schneeman asked if this would be for profit.
Mr. Lemeiux said that was correct. Mr. Lemeiux said he
currently leases 8 units that are paid by medical assistance.
There will be consideration for medical assistance units at
the new location as well.
Councilmember Duggan said he was concerned about the
density of 66 units on 3 acres, which is 22+ units per acre,
which more than exceeds the standards and would not
support this density. He suggested that a site west of I -35E
at Mendota Heights Road would be a more suitable site.
Councilmember Schneeman said she would support this
because she sees a need here for this type of facility.
Councilmember Krebsbach said it would be comforting to
see a senior facility in a neighborhood like this, and
expressed her concerns about the parking and signs. The
City has worked very hard to keep this area green.
Councilmember Schneeman asked if there would be
underground parking. Mr. Lemeiux said that would not be
April 17, 2007
Page 10
needed as these residents do not drive. There is underground
parking at the West St. Paul location, only because of the 48
independent living units. This facility has 39 parking stalls,
and of that 39, only 18 to 20 are being rented.
Mr. Lemeiux said these units are much smaller than the
typical condominium unit, ranging from 400 to 600 sq. ft. in
size. Mr. Wilson said that the residential nature of the
project includes a two -story building with the mid -point of
the roof being no higher than City Hall and would blend in
well with the neighboring houses. The building will have a
residential feel with landscaping and will be broken up in
design to look like a single family home. Mr. Wilson
explained how the parking would be provided, and talked
about grading over a portion of it that will most likely not
even be needed (proof of parking). Any parking would be
for staff and guests only.
Councilmember Krebsbach asked about the grading and
seeding/sodding. Mr. Fenske explained how the landscaping
would be done and indicated the retention pond on the
property.
Councilmember Krebsbach said she is interesting in seeing
the facility in West St. Paul, and in the concept plan as
presented.
Mayor Huber said he does not have much experience with
this type of housing and would like to learn more.
Mayor Huber said he would also like more infoimation on
the memory care unit. Mr. Lemeiux explained how the
memory unit is operated and how the security is in place to
protect the residents.
Councilmember Vitelli said he recently had some excellent
experience with Southview's nursing home.
Councilmember Vitelli said he would be inclined to be
against changing the zoning to R -3. If it's seen that this is a
good plan, he would prefer to allow its use as an R -1.
Councilmember Vitelli said the key will be for Mr. Lemeiux
to sell this idea to the neighbors as it would be a big change
in the area. Councilmember Vitelli said if there are six or
seven neighbors coining to the City stating they oppose this
BOURN PROPERTY
April 17, 2007
Page 11
project, he would be against the rezoning for sure as well as
allowing its use.
Mayor Huber said there has been a request from Sharon
Lunak, the daughter of Marian Bourne to see if the City is
interested in purchasing Mrs. Bourne's property, located at
1181 Bourn Lane. Mayor Huber said he would like to take
more time on this request as there is not enough information
at this time to make a decision.
Councilmember Krebsbach said she would like to see what
the City is holding in the TIF account and then talk about
how to use those funds.
Councilmember Schneeman asked how much longer the City
will want to wait.
Mayor Huber said he would prefer 60 days.
Councilmember Duggan said he would like to know what the
future holds for the two parcels that are privately owned.
Councilmember Duggan does not want to force these
property owners out. City Administrator Jim Danielson said
those two homeowners know that the City is interested in
purchasing their properties when they are interested in
selling.
Councilmember Krebsbach said she does not believe the
City should lead them on by acting like ready buyers.
Mr. Danielson said these lots are currently non - conforming
and should these homes burn down, new homes could not be
built on these parcels.
Councilmember Vitelli asked if there was an appraisal on the
Bourn property. Mr. Danielson said there is no appraisal, but
the Bourn family is willing to sell this property for the
Dakota County Appraised Value (Market Value).
Councilmember Vitelli asked Mr. Danielson if he felt this
was a good number. Mr. Danielson said he believes it is.
Councilmember Vitelli said he sees this opportunity as an
investment, and would support the purchase.
PROPOSED LIQUOR
ORDINANCE AMENDMENTS
April 17, 2007
Page 12
Councilmember Krebsbach said she would like to have a
discussion on the TIF district and what are the plans for
those funds.
Councilmember Schneeman said someone in the past, before
she was on the Council, had discussions to purchase the
other properties, and possibly had something in mind for the
plans for this property. Mr. Danielson said the idea was to
purchase all the properties, vacate the street, and redevelop
this as business as it's guided in the Comprehensive Plan.
Councilmember Schneeman said this would be a good
investment for the City and is willing for wait 60 days.
Councilmember Vitelli asked why the time extension should
be 60 days. Councilmember Vitelli said it does not have to
take two months to discuss the Tlr' funds.
Councilmember Duggan asked if the City Planner, Mr.
Grittman, could look at this property to recommend some
uses. Councilmember Duggan said he would like to know if
there would be any other uses that the City could consider,
excluding the two private properties, so that the City could
move ahead on development around those two properties.
City Clerk Kathy Swanson said the time is near to send out
liquor applications and asked for feedback from the City
Council regarding a number of revisions that have been
made to State Liquor Statute, MS 340A.
Ms. Swanson reviewed those amendments, which include:
■ Mandatory Amendments:
• Section 3 -1 -3 of the City's liquor ordinance
must be amended to incorporate the
statutory definitions of "Exclusive Liquor
Store" and "Minor ".
• Section 3 -1 -14 of the City's liquor ordinance
must be amended to permit individuals who
have purchased a full bottle of wine in
conjunction with the purchase of a meal to
take a partially consumed bottle of wine
with them when they leave the restaurant.
■ Discretionary Amendments:
COUNCIL COMMENTS
ADJOURN
April 17, 2007
Page 13
® Penuit holders of both on -sale wine and on-
sale 3.2 malt liquor to sell intoxicating malt
liquor without an additional license. (Section
3 -1 -5).
e Hours of sale
Councilmember Krebsbach recommended that the City stay
with the 9:00 p.m closing for off -sales of intoxicating liquor.
Councilmember Duggan expressed his concerns with the
Sunday morning hours changing from 12:00 noon to 10:00
am, and is comfortable with the 12:00 noon time.
Councilmember Schneeman said she is fine with the 10:00
a.m. serving time.
Ms. Swanson said in checking with other surrounding
communities, 10:00 am was the normal opening time.
Commissioner Vitelli said he does not have an opinion on
this.
Mayor Huber asked for a consensus that the hours of
operation from Monday thru Saturday would have a closing
time of 9:00 pm, and the begin time for alcoholic beverages
on Sunday is 10:00 am. It was the consensus from the
Councilmembers to accept this.
Mayor Huber, on behalf of the City of Mendota Heights,
expressed condolences to Councilmember Schneeman on the
recent passing of her brother -in -law.
Councilmember Schneeman spoke about St. Thomas
Academy's championship win at the state AAA basketball
tournament.
Councilmember Krebsbach said she attended the game and it
was excellent; and wished everyone a pleasant holiday
season.
Councilmember Vitelli wanted confirmation for some
changes from Ms. McDermott on some charts. Mr.
Danielson said he would send out a revised copy.
Ayes: 5
Nays: 0
April 17, 2007
Page 14
Councilmember Duggan congratulated all the schools for
their accoinplishinents for the Star awards.
Councilmember Schneeman said she witnessed a bicyclist
being blinded by the sun and ahnost hit by a passing vehicle,
and wanted to let people know to be careful when bicycling.
Councilmember Krebsbach reminded residents of the
upcoming election.
Councilmember Duggan reminded residents of the Spring
Cleanup on May 5th. Mr. Sedlacek said he will welcome
volunteers to help out.
There being no further business to come before
Councilmember Duggan, moved to adjourn the City Council
meeting. Councilmember Krebsbach seconded the motion.
Time of Adjournment: 9:30 p.m.
ea_
Rebecca%iaffer
Recording Secretary