2007-11-20 City Council minutesPursuant to due call and
Heights, Minnesota was
Heights, Minnesota.
CALL TO ORDER
November 20, 2007
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 20, 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: 5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Huber called the meeting to order at 7:30 p.m. The
following members were present: Councilmembers Duggan,
Krebsbach, Schneeman and Vitelli.
Council, the audience and staff recited the Pledge of
Allegiance.
Councilmember Duggan moved adoption of the agenda as
corrected.
Councilmember Vitelli seconded the motion.
Councilmember Schneeman moved to approve the minutes
of the November 6, 2007 City Council Meeting as corrected.
Commissioner Duggan seconded the motion.
Councilmember Duggan moved approval of the consent
calendar as presented, pulling Items d and 1 for further
discussion and authorization for execution of any necessary
documents contained therein.
a. Acknowledgement of the Minutes from the November
13, 2007 Park and Recreation Conunission Meeting.
b. Acknowledgement of the October 2007 Treasurer's
Report.
c. Acknowledgement of the Monthly Fire Department
Report for October 2007.
d. Acknowledgement of Information on Single Family
Assisted Living Facilities.
e. Authorization to cancel December Commission
Meetings.
Authorization for "You Are Here" Park Sign.
Approval for Withdrawal of Planning Case 07-33,
f.
g.
November 20, 2007
Page 2
Mendota Plaza, 750 Highway 110 Rezoning Request.
h. Approval for Withdrawal of Planning Case 07-35, City
of Mendota Heights, Dakota County CDA, South Plaza
Drive, Comprehensive Plan Amendment and
Rezoning.
i. Approval of Sign Permit for 1165 Medallion Drive
(Esslinger & Company).
j. Approval of Sign Permit for 1210 Northland Drive
(Paychex).
k. Adoption of Resolution No. 07-115: "A
RESOLUTION SEEKING FUNDING FROM
DAKOTA COUNTY FOR CONTINUATION OF
THE COMMUNITY LANDFILL ABATEMENT
PROGRAM."
1. Adoption of Resolution No. 07-116: "A
RESOLUTION ACCEPTING FEASIBILITY
REPORT AND CALLING FOR A PUBLIC
HEARING ON 2008 IMPROVEMENT PROJECTS."
m. Approval of the List of Contractors dated November
15, 2007.
n. Approval of the List of Claims dated November 20,
2007 totaling $970,250.72.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
ITEMS PULLED Councilmember Schneeman asked to have item d pulled to
thank Assistant to the City Administrator Jake Sedlacek for
the work he has done to provide a report to the Council on
the City and State policies regarding assisted living facilities.
She stated that she would be happy to assist with this issue in
any way.
Councilmember Duggan said he has visited some residents
who have updated him on this project, telling him they are
much more at ease with this project.
Councilmember Krebsbach asked Councilmember Duggan if
he was comfortable with the statements he made in the
minutes. Councilmember Duggan said he is fine with the
comments.
Councilmember Schneeman moved to accept the info' nation
as presented.
Commissioner Duggan seconded the motion.
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
PUBLIC COMMENTS
November 20, 2007
Page 3
Councilmember Duggan asked to have item 1 pulled as he
has been in discussions with residents of Kay Avenue and
Walsh Lane. Councilmember Duggan said he is very happy
to see bump outs in this area, as this is a very busy area.
Councilmember Duggan said he would like to see a study
done to determine if a stop sign is needed.
Councilmember Duggan said he would like to have staff
provide flags to residents to indicate any sprinkle systems
and any invisible dog fences in the area to allow workers to
work around them to avoid any damage.
Councilmember Duggan said he would like to have the staff
provide updates via email to residents, as well as informing
residents of any work in utility easements. Public Works
Director Sue McDermott said Staff has already been in
contact with the one resident that will be affected.
Councilmember Duggan moved adoption of Resolution No.
07 -116: "A RESOLUTION ACCEPTING FEASIBILITY
REPORT AND CALLING FOR A PUBLIC HEARING ON
2008 IMPROVEMENT PROJECTS."
Commissioner Schneeman seconded the motion.
Mayor Huber said he was contacted by a resident who
wished to have an announcement made regarding an
upcoming blood drive on December 6th from 9am to 2pm at
St. Paul's Methodist Church.
Councilmember Duggan asked for updates regarding the
Storm Water Utility Fund and his request that contractors be
accountable for pulling proper permits.
Finance Director Kristen Schabacker stated that the balance
in the Storm Water Utility Fund after the third quarter utility
billing is approximately $175,000.
Ms. McDermott said when a contractor pulls a permit after
the fact, he is required to pay double the fees. Ms.
McDeniiott said the contactor should then get the message,
and she can certainly send letters out as well.
HEARING: NATURAL
RESOURCE MANAGEMENT
PLAN — PILOT KNOB
November 20, 2007
Page 4
Operations and Projects Manager Guy Kullander provided
an update on the Natural Resource Management Plan for
Pilot Knob Phase II. This plan has been developed to align
with the restoration efforts and project costs.
Mr. Kullaner introduced representatives from Great River
Greening to present this plan. Mr. Wiley Buck (Restoration
Ecologist), Mr. Todd Rexine (Ecological Designer), and Mr.
Dan Tix (Conservation Director) shared a Powerpoint
presentation, which highlighted many of the designs that
would be incorporated.
Councilmember Krebsbach asked what this area will look
like in one hundred years. Mr. Buck said without the
management plan, and the assistance of providing wild fire
burns and nearby seed sources for prairie and savannahs,
there would be more box elder trees or cotton wood trees.
Councilmember Krebsbach asked if future city councils will
have to maintain these grasslands so they do not become box
elder forests. Mr. Buck said after about three to five years of
restoration, the area will reach a threshold level and minimal
maintenance will need to be done every year, as well as
conducting a controlled fire burn every three to five years.
Councilmember Schneeman asked how long it takes for a
savannah oak to grow. Mr. Buck said the species that is the
signature piece for oak savannahs are the burr oaks and they
are slow growers, investing a lot in their roots. Mr. Buck said
the site is fairly moist so they will have a decent amount of
water and they should also have a decent amount of sunlight.
Burr oaks should grow fairly rapidly in this area.
Mayor Huber opened the public hearing.
Bruce White asked about the trees along Acacia Blvd. Mr.
Buck said they will remain there.
Mr. Larry Grainger said it is wonderful that the discussions
are concerning management plans, and not arguing about
preservation, and thanked the Council for the progress that
has been made.
Mr. Grainger is a member of the Pilot Knob Preservation
Association and relayed some points that were brought up at
their last meeting. This plan is pretty much what the PKPA
November 20, 2007
Page 5
wants and is a good way to achieve the goal of preserving
this site.
Mr. Grainger said there were some concerns of the members
about the plan as it relates to the use of herbicides, and their
preference is that herbicide use be minimized as much as
possible. Mr.Grainger said the PKPA hopes to be involved
in the design discussions, and it's their preference that there
be as minimal obstruction of views as possible. Mr.
Grainger said this area will be well used as learning tools.
Mr. Buck said they will be glad to work with the PKPA on
the use of any herbicides.
Jennifer Otto, a member of PKPA, said she also is a resident
of the City and wanted the Council to know she is very
appreciative of the efforts of the Council. Ms. Otto said she
is excited to be a resident of the city, and knowing what has
been accomplished together. Ms. Otto said she wants the
community to know about the displays at City Hall of the
Pilot Knob history, and believes people should come and
visit the displays.
Jan Dolsen, a member of PKPA, said she has been a member
since 2002, and believes that the word she would use to
describe the City of Mendota Heights is integrity because of
the processes and seriousness of the actions that have been
used with this project. Ms. Dolsen said this is a living
history discussion that fits into one's life.
Seeing no one else come forward wishing to speak, the
Mayor asked for a motion to close the public hearing.
Councilmember Duggan moved to close the public hearing.
Councilmember Krebsbach seconded the motion.
Councilmember Krebsbach said she was concerned that the
parking was too far from the site. Mr. Kullander said the
parking lot is just under 1/4 mile from the site, and as the
restoration effort is to return the area to the oak savannah, it
is not desirable to have cars driving back in there. The area
is accessible by walking or biking in and the path is ADA
acccessible.
Councilmember Duggan said he believes people will be
willing to walk the 1/4 mile to get to the site, and will most
November 20, 2007
Page 6
likely invite friends and neighbors to join them as they
discover its charm.
Councilmember Krebsbach said she is concerned about
people who may not be able to get access to the spectacular
views.
Councilmember Krebsbach said she likes the plan because
there is no interpretive center as everybody will understand
the power of this site. Mr. Kullander said there are no plans
to open an interpretive center, based on the restrictions of the
grants.
Councilmember Schneeman asked the representatives of
Great River Greening to talk about the hibernaculas. Mr.
Wiley explained how, with the two homes on the site, they
will be able to inexpensively create the snake hibernaculas
on these grounds for common snakes.
Councilmember Duggan asked for an explanation of the
costs. Mr. Kullander said the projections that Great River
Greening did are pretty accurate and the numbers added up
are large, but there are opportunities to gain a lot of funding
grants. Mr. Kullander said Great River Greening helped a
lot in getting those grants, and they have factored in a
percentage /estimate of what would be the opportunities from
10 to 15 percent of covering the City's costs for the different
improvements.
Mr. Kullander explained that there will be a big spike next
year ($30,000 to $40,000) for preparation of the site and then
the following year, it will drop down to about half of that. In
the year following that, it will bounce back up to about
$50,000 as more of the construction and extensive
restoration takes place.
Councilmember Duggan asked if there will be any other
organizations, foundations, or groups that could be
approached for funding or support. Mr. Kullander said the
Council made an excellent choice in selecting Great River
Greening, which is a non - profit group that does a lot of
fundraising from foundations and individuals. This
organization puts that money back into restoring a lot of
projects along the river. This is a conduit that the City is
going to be relying on.
Ayes: 5
Nays: 0
NDC4 WEB STREAMING
November 20, 2007
Page 7
Councilmember Duggan congratulated Mr. Kullander and
Great River Greening for the excellent report that has been
submitted.
Councilmember Vitelli moved to authorize execution of the
"Review and Approval Agreement" of the Pilot Knob Hill
Phase II Natural Resource Management Plan.
Councilmember Duggan seconded the motion.
City Administrator Jim Danielson said web streaming is a
new type of technology that allows government meetings to
be broadcast over the internet. Public Works Director
McDermott demonstrated this process via internet
connection to give the audience a feel for what this looks
like. Ms. McDermott connected to a city council meeting for
the City of Burnsville.
Web streaming allows residents to view the meetings during
the actual meeting time, or they can call up the meeting on
demand. Many of the cities in the metro area are switching
to this service. Mr. Danielson said he and Mr. Sedlacek have
been meeting with NDC4 to talk about this. Inver Grove
Heights is talking about doing it next year. It is not yet
known what the intentions of South St. Paul and West St.
Paul are, and it is difficult for those two cities because as
they are not bankrolling their money from NDC4 every year,
they have to budget for this. Mendota Heights has a separate
fund and can take their share of the cost out of that fund and
not impact the general fund at all.
Mr. Dennis Rafftery, Government Coordinator for NDC4,
submitted a report describing what could and would be done.
All the other cities in northern Dakota County are interested
in doing this. Mr. Rafftery reviewed his report and talked
about the technical aspects of this venture, and explained
how the meeting can be accessed in part or all, depending on
what people want to see, i.e, selecting just a certain part of
the meeting of particular interest without having to watch the
whole meeting.
Mr. Rafftery talked about meeting archival, in which cities
can have their meetings stored up to a year. Cities can pay
an extra $10,000 for a meeting vault to store past meetings
beyond that. Most cities have decided not to go that route.
November 20, 2007
Page 8
Mr. Rafflery explained that Staff will have to submit agendas
in time to be put on the web. The city has to provide basic
internet control so that the cable caster can get into this
interface to link agenda topics with the backup materials.
Councilmember Vitelli asked if the tape people see is the
same as the live meeting. Mr. Rafftery said it would.
Councilmember Vitelli asked how long after the actual
meeting will the web cast be available. Mr. Rafflery said
that depends on the length of the meeting. Mr. Rafflery said
there is about a one - minute delay while viewing the actual
meeting.
Mayor Huber asked if PowerPoint presentations could be a
link. Mr. Rafflery said people will be able to link to these
presentations.
Councilmember Vitelli asked if the price will come down
after a few years.
Councilmember Vitelli asked Mr. Danielson if there will be
available staff. Mr. Danielson said there will be.
Mr. Rafftery said they will be mirroring after SWCTC.org
(South Washington County Telecommunications
Commission). Mr. Rafflery said the City of Mendota
Heights will need to give NDC4 an internet link to allow the
cable casters to control the agenda and links.
Ms. Jodie Miller reviewed the cost of these services. The
monthly fee will cover all the meetings the city wishes to
broadcast.
Ms. Miller said a part time employee will be hired to work
with the cities. Ms. Miller said it is anticipated that a lot of
the programming that the cities have on the NDC4 channel
or other videos can be posted as well (public health training,
police and fire department videos, etc.)
Ms. Miller said the total cost for NDC4 is approximately
$30,000 to $40,000 per year, sharing this cost with 4 cities.
Ms. Miller said all four cities are interested, and it will be a
matter of timing at this point when the cities will be prepared
to join in.
November 20, 2007
Page 9
Councilmember Vitelli said he supports this as it is a service
to residents, allowing residents to view the meetings for
information when it is convenient for them.
Councilmember Vitelli moved to approve this program
assuming a $9,000 cost and that this be funded from the
franchise fund.
Councilmember Schneeman seconded the motion.
Councilmember Krebsbach asked if this will still be a public
domain. Ms. Miller said all the files will be owned by the
City, and NDC4 will be reviewing their video policy, which
was last updated in the early `80's. An updated policy will
be brought before all the cities for review. Ms. Miller said it
is important to still have the actual minutes on record, and
that the City adhere to the Minnesota Data Practices Act and
there is a process in place.
Councilmember Krebsbach asked if Granicus could sell the
videos to another party after the year is over. Ms. Miller said
she believes the City will have the copyright for the videos
and this will be addressed in the contracts.
Councilmember Krebsbach said this will give the
opportunity for residents spending time in other states, such
as Florida or Arizona for the winter, to keep in touch with
the meetings. Ms. Miller said there are also benefits for
residents that live in the community, but work in another.
Mr. Rafftery said the response he received from Granicus is
that the City holds the rights to the videos and Granicus has
no rights to the materials unless expressed in written form by
the City. Granicus owns the rights to the software and
delivery methods.
Ayes: 5
Nays: 0
DECEMBER MEETINGS Because of the holiday season, it has been the City's practice
to cancel the commission meetings.
Mayor Huber said the next City Council meeting is
scheduled for January 1, 2008, which is New Year's Day.
Staff suggests canceling this meeting unless there is some
urgent reason that the Council has to meet.
November 20, 2007
Page 10
Councilmember Krebsbach suggested to have a backup
meeting date — perhaps Wednesday, January 2nd.
Councilmember Vitelli moved to cancel the next City
Council Meeting scheduled for January 1, 2008, and the
City's commission meetings for the month of December,
2007.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS Councilmember Duggan wished everyone a Happy
Thanksgiving.
ADJOURN
Ayes: 5
Nays: 0
Councilmember Krebsbach said she received a call regarding
the parking ban and asked if the City Council would consider
permitting. Councilmember Krebsbach said the Council
should look at how this ban is working for residents.
Councilmember Schneeman said she received the same
phone call. Councilmember Duggan asked if the home
would have a sign in the yard. Councilmember Krebsbach
said it would. Councilmember Duggan expressed his
concern for having numerous signs around the city.
Councilmember Schneeman asked that the City Council not
discuss this issue at this time.
Councilmember Schneeman said she has received nothing
but compliments on the NURT Trail. People are very happy
with it and it's very beautiful.
Councilmember Vitelli said he met with Ross Fefercorn and
things are going well at the Village at Mendota Heights.
Councilmember Vitelli infoiiued the audience that on
Saturday, December 1st, there will be a tree lighting
ceremony at the Village and everyone is invited.
There being no further business to come before the Council,
Councilmember Vitelli, moved to adjourn to the Truth in
Taxation Meeting on December 3rd at 7:30 pm.
Councilmember Schneeman seconded the motion.
Time of Adjournment 9:00 p.m.
ATTEST:
November 20, 2007
Page 11
Recording Secretary