2007-08-21 City Council minutesPursuant to due call and
Heights, Minnesota was
Heights, Minnesota.
CALL TO ORDER
August 21, 2007
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 21, 2007
notice thereof, the regular meeting of the City Council, City of Mendota
held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota
PLEDGE OF ALLEGIANCE
AGENDA ADOPTION
Ayes: 3
Nays: 0
APPROVAL OF MINUTES
Ayes: 3
Nays: 0
CONSENT CALENDAR
Mayor Huber called the meeting to order at 7:30 p.m. The
following members were present: Councilmembers
Schneeman and Vitelli.
Councilmembers Duggan and Krebsbach were excused.
Council, the audience and staff recited the Pledge of
Allegiance.
Mayor Huber said Item 6.f. has already been discussed at a
previous meeting and announced it would be removed from
the agenda at this time.
Councilmember Schneeman moved adoption of the agenda
as revised.
Councilmember Vitelli seconded the motion.
Councilmember Schneeman moved to approve the minutes
of the August 7, 2007 City Council meeting as presented.
Commissioner Vitelli seconded the motion.
Mayor Huber asked City Attorney go review the revised
resolution for the Mendota Plaza sign. Ms. Diehin said this
resolution approves in part and denies in part the application
that was reviewed by the City Council on July 3 and August
7. This resolution will allow the signage which will identify
the store by name, but will not approve the box signs on the
side as they are not in compliance with the aesthetic
requirements.
Councilmember Schneeman moved approval of the consent
calendar as presented, pulling item e for further discussion,
and item f as it is not needed, and authorization for execution
of any necessary documents contained therein.
Ayes: 3
Nays: 0
ITEMS PULLED FOR
DISCUSSION
Ayes: 3
Nays: 0
a.
b.
c.
d.
e.
f.
g.
h.
i.
3.
k.
August 21, 2007
Page 2
Acknowledgement of the Park and Recreation Minutes.
Acknowledgement of the Fire Department June and
July 2007 Monthly Report.
Acknowledgement of the July 2007 Treasurers Report.
Authorization for Mayor to sign Engagement Letter
with HLB Tautges Redpath for 2007 Audit.
Approval of Police Services Contract Terms with
Lilydale.
Approval of Parking Lot Construction at 1110 Centre
Pointe Curve.
Adoption of Resolution No. 07 -76: "A RESOLUTION
ESTABLISHING A 20 MPH SCHOOL SPEED ZONE
ON MENDOTA HEIGHTS ROAD."
Adoption of Resolution No. 07 -77: "A RESOLUTION
WHICH AUTHORIZES THE CITY OF MENDOTA
HEIGHTS TO REQUEST A MN /DOT
COOPERATIVE AGREEMENT PROJECT ".
Adoption of Resolution No. 07 -78: "DENYING A
SIGN PERMIT FOR MENDOTA PLAZA."
Approval of the List of Contractors dated August 16,
2007.
Approval of the List of Claims dated August 17, 2007
and totaling $323,910.02.
Councilmember Vitelli seconded the motion.
Item e: Mayor Huber referred to the memo from Chief
Aschenbrener, dated August 15, 2007, regarding the Lilydale
Police Services Contract, highlighting key points. Mayor
Huber suggested that a motion be made to bring this item to
the next Council meeting when all the Councihnelnbers are
in attendance for a formal approval. Mayor Huber said
Councilmember Krebsbach has already reviewed this
document and is in agreement, and it seems that those in
attendance at this meeting is in agreement. In the meantime,
a signal should be sent to Mayor Swain and the Lilydale
Council that this Council is in agreement with the key points.
Councilmember Vitelli moved to put this item on the next
meeting agenda for discussion and formal approval, and to
send a message to the City of Lilydale that the City of
Mendota Heights is in agreement with the key points of the
contract.
Councilmember Schneeman seconded the motion.
August 21, 2007
Page 3
PUBLIC COMMENTS Mayor Huber announced the passing of former Planning
Commission Member and City Council Member, Mr. Burt
Anderson. Mayor Huber spoke of Mr. Anderson's
extraordinary character and contributions to the city.
HEARING: LEMAY SHORES
EASEMENT VACATION
Public Works Director Sue McDermott reviewed the
request for vacating an existing drainage and utility easement
on the Catholic Cemeteries property that will be replaced or
duplicated with the LeMay Shores Plat.
Ms. McDermott this existing easement is no longer
necessary. The applicant is Hoffman Homes, and they have
requested vacation of this easement.
Mayor Huber asked for questions or comments from the
audience.
There being no questions or comments, Councilmember
Schneeman moved to close the hearing and to adopt
Resolution No. 07-79, "A RESOLUTION APPROVING
THE VACATION OF A DRAINAGE AND UTILITY
EASTMENT."
Councilmember Vitelli seconded the motion.
Ayes: 3
) Nays: 0
PLANNING COMMISSION
VACANCY
Ayes: 3
Nays: 0
Mayor Huber said the City needs to fill the vacant position
on the Planning Commission. A workshop has been set for
Tuesday, September 4th at 6:00 pm. to interview the three
applicants for the position.
Councilmember Schneeman moved approval of the
workshop meeting with Planning Commission applicants on
Tuesday, September 4, 2007 at 6:00 pm at City Hall.
Councilmember Vitelli seconded the motion.
CITY HALL LANDSCAPE Operations and Projects Coordinator Guy Kullander said the
City Council has requested a new design plan for the
shrubbery and other plantings around the City Hall building.
The existing plantings are about 19 years old, and beyond
their life expectancy. Council authorized Staff to enter into a
contract with Damon Farber to come up with a concept plan
which has been submitted to Staff and Council.
Mr. Kullander said DF-1 is the demolition plan, and DF-2 is
the planting recommendation, which basically follows the
same concept of the original plantings with the hedges
Ayes: 3
Nays: 0
MEDAL OF VALOR
August 21, 2007
Page 4
around the building. The original intent was to have two
tiers of shrubbery, but the front row got out of hand at the
very early stages, and all of the bushes have been clipped at
one level. This new plan will re- establish the two tier and
incorporates flowered shrubs as well.
Mr. Kullander referred to Plan KD -3 and said he has
received feedback to open up the front area more, adding
some limestone blocks and a bike rack. Mr. Kullander said
the plan also indicates a walkway at the lower entrance for
the Police Department's access door. Rainwater coming
from the roof has damaged some plantings, and now that the
building has new rain gutters, there should be no problem
with new plantings.
Mr. Kullander has received two estimates, one which would
cost in the range of $22,000 to $25,000, and would include
removing everything and put in new shrubbery, plantings,
and pathway. Mr. Kullander said the Council can decide to
go with the Damon Farber plan or the alternate plan
developed by Staff members, he will then go to contractors
and bring back estimates at the next meeting.
Councilmember Vitelli said he would like to leave it up to
Staff. Councilmember Vitelli said the shrubbery needs to be
accessible for trimming. Mr. Kullander said the new shrubs
will be more spaced out (the original landscaping contains
377 shrubs; the new plan will have 281). Councilmember
Vitelli said he would like to leave it up to Staff's plan.
Councilmember Schneeman moved approval of Plan KD -3
for the landscaping of City Hall as presented.
Councilmember Vitelli seconded the motion.
Mr. Kullander said he will be bringing bids in to the next
meeting.
Police Chief Aschenbrener introduced Melanie Masching,
who is receiving the Medal of Valor, for her efforts in
assisting a person down on the Great Rivers Trail below the
Mendota Bridge. Chief Aschenbrener spoke of the calmness
and effectiveness Ms. Masching exhibited as she fried to
save this person's (a complete stranger) life, without ever
having emergency medical training.
Chief Aschenbrener also acknowledged Mendota Heights
Police Officers Mike Shepard and Jennifer Fordham, who
responded to Ms. Masching's call.
CONCEPT PLAN
994 WAGON WHEEL TR.
August 21, 2007
Page 5
Mayor Huber presented Ms. Masching with a plaque and
thanked her for what she has done.
Chief Aschenbrener also acknowledged others involved in
this incident, all working as a team effort:
• Dakota County Dispatch Center — handled the
original call and tried to figure out where Ms.
Masching was to get the medics on the scene.
▪ Healtheast — paramedics who responded.
▪ Allina — instructed and coached Ms. Masching with
her CPR attempts until paramedics arrived.
Mayor Huber expressed his appreciation and that of the City
Council for the services and efforts all of these people have
done.
Councilmeinber Schneeman said it is wonderful that Ms.
Masching had the composure that she did because she knows
many people who had taken the classes and still panic when
confronted with a situation. She commended Ms. Masching
for her work.
Ms. Masching thanked all those involved in helping her, and
said it was the officers who kept her calm. She was very
nervous, and said the last CPR training she had of any kind
was when she was in the 5th grade.
Mayor Huber thanked Ms. Masching and all those who train
for these emergencies, and also expressed his condolences to
the victim's family.
Ms. McDermott said Staff received a concept plan for 994
Wagon Wheel Trail, which is located on the south side of
Wagon Wheel Trial, adjacent to the new Kipp Addition and
east of Rogers Lake Park.
Ms. McDermott said the applicant is Rakhma, Inc., which
provides memory care living facilities in several areas of the
Twin Cities, and is currently looking for some property to
construct a new facility.
Ms. McDermott said the proposal is to build two buildings
on this site. Planner Steve Grittinan has prepared a report
identifying issues:
• Require rezoning from R -1 to R -3 and the
Comprehensive Plan Designation for high density
residential. Rezoning this property would be considered
"spot zoning" as the surrounding properties are guided
low density residential housing.
August 21, 2007
Page 6
• A PUD would be required because of having two
separate buildings on one lot. The parcel is only about
2.5 acres in size and the ordinance requires a minimum
of 5 acres for a PUD.
• The buildings are nearly 8,000 sq. ft. in area, which is
significantly larger than the single family homes in the
area.
• Residential PUD's are required to have no more than
25% impervious surface. This proposed plan would raise
concerns.
• The Site Plan shows huge parking stalls and the applicant
has indicated that they hope to utilize the parking lot at
Rogers Lake Park for special events and visitor parking.
• Based on topography, there would be numerous storm
water and utility issues to properly serve the buildings of
this size.
Deb Rose, representing Rakhma, Inc., said she works for
Health Service Innovations. Rakhma has been providing
services for over 20 years to individuals living with
Alzheimer's and other forms of memory loss. Care services
are currently being provided in residential homes and over
time, the patients are becoming increasingly frail and cannot
handle the two story homes. A single story floor plan is a
better option for these patients. Rakhma is planning on
replicating these types of services on the east and west sides
of the metro area. Mendota Heights is of interest because
there has been an identified need in Dakota County and
Mendota Heights is a very convenient location for those
individuals currently residing in the existing service homes.
Ms. Rose talked about the importance of the environment to
these patients, and it is key to stay in a residential area. A
purchase agreement has been signed contingent on the
approval of this proposal. Rakhma is also open to seeking
other properties in the community if available.
Mayor Huber said he agrees there is a need for homes of this
type, but is very concerned with the inconsistency of the
zoning. Residents, when purchasing property, usually look
around the area with some expectations of the long teun use
of this area, and that the City will not come in and change it
to something a fair amount different than what they have
expected. This proposal stands out as a situation where the
neighbors, while not actually opposing this type of use,
would question where the City is going with the development
of the City in that area. Mayor Huber felt this is a right idea,
but a wrong spot.
August 21, 2007
Page 7
Councilmember Vitelli said he would encourage Rakhma to
find other sites in Mendota Heights as the Council needs to
be sensitive to the homeowners in that area. It would be
unfair to them to spot zone. There are other issues relating to
the square footage of the building. Councilmember Vitelli
said he also recognizes the need for these services, and
visited the website for more information, commending the
organization for their outstanding work, but he would not
support this proposal as presented.
Councilmember Schneeman said she agrees with Mayor
Huber and Councilmember Vitelli, and asked the applicant if
they will be asking for financial help from the City. Ms.
Rollis said in an ideal situation, they would like to do some
bonding with the City. Councilmember Schneeman said this
is not a good place to put this facility as there would be so
many problems with the neighbors. Councilmember
Schneeman suggested the applicant continue to work with
Staff to find alternative sites.
Mayor Huber said he knows Staff gets requests from time to
time from people looking for land to develop, and suggested
that Rakhma staff contact Staff to discuss potential sites.
An unidentified member of the audience asked if there was a
mosque being built on the other side of Highway 35 on
Wagon Wheel Trail. Mayor Huber said he was not aware of
that. Ms. McDermott said no applications have been
submitted for that site. A church has purchased the site and
given Staff some preliminary plans, but no official
applications have been made. The member of the audience
asked if, should this church submit an application, would that
include a zoning change as well. Ms. McDermott explained
that churches are an acceptable use in residential areas as a
conditional use. Ms. McDeruiott said this property was
located on Wagon Wheel Trail at Highway 35E, just west of
the proposed site requested by Rakhma.
Another unidentified member of the audience said she was
curious about the parcel and asked who was purchasing this
property and what the plans are. Mayor Huber said because
there is no application before them, Council can't speak to
this issue.
Councilmember Schneeman asked if this person lives on
Wagon Wheel Trail. She responded that she did.
PILOT KNOB PHASE II Mr. Kullander said the City, with the assistance of Bob
McGillivary of Trust for Public Lands, has applied for
August 21, 2007
Page 8
funding from various agencies to purchase the fifteen acre
parcel of land owned by Acacia Cemetery. An appraisal has
been done ($1.888 million plus $50,000 for transaction costs)
and the cemetery has agreed to sell the land.
Of the granting agencies, each one has its own covenants and
restrictions with accepting the grant money. Two of the
grants require that the City has in place, a management plan
of how they will manage and restore the site over a 20 year
period.
Mr. Kullander gave an update on the process of the Pilot
Knob Phase I site. The same type of plan will have to be
developed for Phase II as was done for Phase I.
Mr. Kullander said the request tonight is to seek approval for
Great River Greening to go ahead and do a fmal maintenance
and management restoration plan similar to the one that was
done in 2005. In this plan, it needs to define the trail system,
overlook sites, and parking areas. Without this plan, grant
applications will not be obtainable. Mr. Kullander said the
City can approve this proposal with three different options:
1) $18,500 — Basic Concept Plan — developed by Great
River Greening and City Staff.
2) $26,500 — involves more meetings by Great River staff
and different college professors who had students doing
concept plans for Pilot Knob and having more extensive
meetings with the DNR and the Historical Society.
3) $34500 — bring in a professional artist to design a more
impressive and prominent memorial.
Mr. Kullander said if the City goes with the $18,500 plan, he
sees that Staff and Great River Greening will come up with a
concept plan, and the public and other public interest groups
will have ample opportunity to see this plan. Mr. Kullander
reviewed a timeline of this process, with the final approval
on the agenda of the City Council's November 20th meeting,
and will be distributed to the various grant agencies for
review.
Mr. Kullander said if a plan is not put in place, the whole
funding package would fall apart for this year and would
have to begin the process all over again if the City wants to
acquire the site. The property owners are beginning to
wonder if the City will be interested in the site, and may opt
to sell this land for housing development if the City waits too
long.
Ayes: 3
Nays: 0
PAR 3 STATUS REPORT
August 21, 2007
Page 9
Councilmember Vitelli said the City could be the beneficiary
of several hundreds of thousands of dollars in grants. In
order to be a viable candidate for those grants, the City needs
a plan. Councilmember Vitelli suggested going with the
basic plan ($18,500) in order to qualify for the grants. Once
these grants come in, there may be enough funds to facilitate
more options in the restoration process.
Councilmember Schneeman said she agrees with
Councilmember Vitelli and it would address all the needs to
apply for the grants. Councilmember Schneeman said
people don't understand how much work goes into this as
Mr. Kullander has spent a lot of time on this, and Phase I
was very successful, and is very confident that TPL will
come up with the extra money as time goes on.
Councilmember Vitelli moved approval of Scenario #1:
Management Plan with conceptual site design at a cost of
$18,500 as presented.
Councilmember Schneeman seconded the motion.
Mr. Kullander said Staff involvement is pretty small as far as
the efforts of Trust Public Lands is doing.
Mr. Danielson reviewed Jake Sedlacek's report, dated
August 16, 2007 as Mr. Sedlacek was not able to attend the
meeting. Mr. Danielson reviewed the bond proceeds and the
breakout of spending. There is a balance of $69,234.43 that
can be used for improvements to the course, and he reviewed
the list of needs that were included in the packet for
Council's review. The needs exceed the money, however the
first month of operation yielded good profit, and August is
being a good month as well. Staff will have to look at
revenues at the end of the year and hoping to accomplish all
these needs next year.
COUNCIL COMMENTS Mayor Huber announced there will be a budget workshop
next Tuesday, August 28th.
Councilmember Schneeman said she attended the Bluegrass
Festival at the Village and said it was wonderful. She
believes there will be another event on the third Thursday of
September and recommended everyone in the community try
to attend.
Councilmember Vitelli said ground was broken for the new
large building at the Village and construction will soon
begin.
ADJOURN
Ayes: 3
Nays: 0
August 21, 2007
Page 10
Councilmember Vitelli said he has a new grandson, Vincent
Vitelli, who was named after his great- great - grandfather,
Vincenzo Vitelli, who immigrated from Italy.
There being no further business to come before
Councilmember Schneeman, moved to adjourn to the Budget
Workshop. Councilmember Vitelli seconded the motion.
Time of Adjournment: 8:30 p.m.
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ATTEST: Recording Secretary