2006-11-07 City Council minutesNovember 7, 2006
Page I
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 7, 2006
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of
Mendota Heights, Minnesota was held at 8:30 o'clock p.m. at City Hall, 1101 Victoria
Curve, Mendota Heights, Minnesota.
CALL TO ORDER Mayor Huber called the meeting to order at 8:30 p.m.
The following members were present: Mayor Huber,
Councilmembers Duggan, I,' Crebsbach, Schneeman
and Vitelli.
PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of
Allegiance.
AGENDA ADOPTION Councilmember Duggan moved adoption of the
revised agenda for the meeting.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Duggan referred to Case No. 06-29,
and said there was some discussion that the applicant
had a car in the rear yard, but this car would not be
stored in the proposed shed. Councilmember Duggan
said the minutes do not have to be changed, but he
would like to have this information on record.
Councilmember Duggan moved to approval the
minutes of the October 17, 2006 as presented.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Duggan moved approval of the
consent calendar for the meeting along with
authorization for execution of any necessary
documents contained therein.
a. Acknowledgement of the NDC4 Meeting
Minutes.
b. Acknowledgement of the NDC4 Meeting Agenda
November 7, 2006
Page 2
c. Acknowledgement of the September 2006
Monthly Fire Department Report.
d. Authorization for Issuance of Temporary Wine
License for Royal Redeemer Lutheran Church.
e. Approval of November ARC Meeting Date
Change.
f. Approval of Verizon Purchase Agreement.
g. Approval of the list of contractor licenses.
h. Approval of the list of claims dated November 7,
2006 and totaling $473,856.62.
Councilmember Krebsbach asked to have Item e
pulled. Councilmember Duggan asked to have Item f
pulled.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
ITEM E DISCUSSION Councilmember Krebsbach said she would like to
draw attention to what's in the memo for the ARC
Meeting changes. The FAA Tower Supervisor, Mr.
Carl Rydeen, and the head of Noise Abatement at the
International Airport, Mr. Chad Leqve, will be at the
ARC meeting on November 22'd at 7:00 pm. One of
the key issues is the number of flights taking off
Runway 12F, which is the parallel runway if looking
at the airport from Mendota Heights. The percentage
of flights coming over Mendota Heights is supposed
to be only 9% with this new runway and are now at
20%. Councilmember Krebsbach said the City and
its residents need to be very vigilant and assertive on
behalf of Mendota Heights to ensure proper noise
abatement. Councilmember Krebsbach said most of
the residents have reported that they have
experienced more noise in August of this year than
the year before. Councilmember Krebsbach asked
residents to stay more in tune with the ARC
Commission and if so inclined, please come to the
meeting.
Councilmember Vitelli said the projections for air
traffic over Mendota Heights were at 20% reduction
when the north-south runway opened, and now has
increased. Councilmember Vitelli said he would like
the ARC to insist on an explanation on how the
November 7, 2006
Page 3
airport can open a new north-south runway and have
the traffic increase.
Councilmember Krebsbach said there is more vocal
opposition coming from Burnsville and Apple Valley
where more Rights over 12Left have been occurring
again.
Councilmember Duggan said the cities of
Bloomington, Richfield, Eagan, and Mendota
Heights are pursuing a voting seat at MAC. By doing
this, the cities would have better representation than
they currently do, and work together on language that
would be for legislation put forward by Senators
Metzen and Hanson.
Councilmember Krebsbach moved to approve
rescheduling of the November ARC meeting to
November 22 at 7:00 p.m.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
ITEM F DISCUSSION Mayor Huber said he is fine with taking the tower but
thinks Verizon (Qwest) should take off any
equipment that the City doesn't need and dispose of it
(for environmental purposes). Councilmember
Duggan asked when the last inspection was held for
this tower, and asked if a new inspection should be
made.
Mr. Danielson said the tower is only five years old.
Mayor Huber said it should be safe there.
Councilmember Krebsbach asked for clarification on
the bill of sale transaction. Mr. Danielson said he
will have the City Attorney review this information
and update the City Council at the next meeting.
Mayor Huber tabled this item for further discussion
at the next meeting.
BID AWARD: Ms. McDermott said on October 31, the City opened
SLOPE REMEDIATION bids for the slope remediation project that has been
on-going at 2400 Pilot Knob, adjacent to a storm
water pond. The low bidder was Visser Scraper
November 7, 2006
Page 4
Service in the amount of $348,775.45. There was
some confusion at the bid opening as the numbers
were hard to read. Ms. McDermott found out from
the bidder that the bid was actually $398,775.45 and
upon rechecking the numbers, Ms. McDermott found
that the $348,775.45 was correct. Ms. McDermott
also reviewed the references that were provided and
found that this company has no experience with the
geofoam block construction that this project
proposes. Ms. McDermott recommended that the bid
award go to the next lowest bidder, Veit and
Company, with a bid of $369,503.50. Ms.
McDermott said she checked their references and
found THEY HAVE DONE SIMILAR PROJECTS
AND HAVE VERY GOOD REFERENCES, and
also found that this company has done the work at the
Summit of Mendota Heights project.
Councilmember Duggan moved adoption of
Resolution No. 06-105: "RESOLUTION
ACCEPTING BIDS AND AWARDING
CONTRACT FOR SLOPE REMEDIATION AT
2400 PILOT KNOB ROAD (PROJECT NO.
200409)" with the change to the resolution to reflect
the correct amount for Visser being $348,775.45.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
CASE #06-34, ZONING City Administrative Assistant Jake Sedlacek
ORDINANCE AMENDMENT said that previously, T-Mobile brought forth a
Conditional Use Permit request to construct a cell
tower on top of a residential condominium building.
The City Attorney expressed concern that the zoning
ordinance made reference to an "apartment" rather
than a "multiple dwelling". The City Council
requested that staff prepare an update
recommendation for the City Code and hold public
hearing. The Planning Commission held that
hearing, and having no public input at that time, the
Planning Commission voted 7-0 recommending this
language change with the following changes:
■ Change "multiple dwelling" to "multiple family
dwelling"
November 7, 2006
Page 5
Add "or town home dwellings" after "attached or
detached single family homes".
Councilmember Vitelli moved adoption of Ordinance
No. 410, "AN ORDINANCE AMENDING
CHAPTER 12-IJ-6 OF THE MENDOTA HEIGHTS
CITY CODE, KNOWN AS THE ZONING
ORDINANCE, BY PROVIDING FOR WIRELESS
ANTENNA MOUNTING ON MULTIPLE FAMILY
DWELLINGS".
Councilmember Schneeman seconded the motion.
Councilmember Kxebsbach commended T-Mobile
for all their hard work in trying to serve their
customers in finding suitable solutions.
Ayes: 5
Nays: 0
CASE #06-33 Assistant Sedlacek said T-Mobile's request has not
T-MOBILE changed since the last review. This is now an
allowable use with the language change to the
ordinance.
Mayor Huber opened the public hearing. Seeing no
one come forward to speak, Mayor Huber closed the
public hearing.
Councilmember Vitelli moved adoption of
Resolution No. 06-106: "A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS ANTENNA AT 1850-1860
EAGLE RIDGE DRIVE".
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
CASE #02-11 Mr. Ross Fefercorn presented the plans for City
PUD — TOWN CENTER Council's review of the Final Development Plan for
the A-B-C Building at "The Village". Mr. Fefercorn
provided some updates on upcoming events at
Market Square and The Village.
December 7'h: "Mendota Lights" — a concept to
erect a real 14' tree in Market Square and add
lights to this tree. The event will begin at 5:00pm,
with a lighting ceremony scheduled for 6:30 pm.
November 7, 2006
Page 6
The Choir from Sibley High School and a
professional singing group dressed in "Charles
Dickens" era clothing, will perform musical
entertainment.
Television commercial coverage will begin of the
Village to be broadcast on local television
channels.
The project has also received some publicity in
the Star Tribune newspaper.
Mr. Fefercom reviewed the preliminary plans for the
A-B-C buildings on the site, and reviewed the layouts
and elevation drawings. Mr. Fefercom also reviewed
the parking layout and traffic patterns for this project.
Councilmember Krebsbach asked about lighting of
the walkway in the front of the building. Mr.
Fefercom explained how that would be arranged,
giving sufficient security lighting for people walking
along that area.
Councilmember Duggan expressed his concerns with
the traffic flow by the comer of Building A and the
possible safety hazards of having an outdoor patio
dining area in that area, as well as low-profile
landscaping. Councilmember Duggan expressed his
concerns for aesthetic landscaping to the back of the
buildings to be considerate for those buildings and
residential units in that area.
Councilmember Krebsbach suggested a good place
for a directory would be located tinder clock tower.
Mr. Fefercom explained where the directories will be
located.
Mr. Fefercom reviewed the timelines for
construction. Councilmember Duggan talked about
the empty spaces in Building E and encouraged Mr.
Fefercom to finish the project in a timely fashion to
avoid possible penalty fees as residents have been
inquiring about the completion of the project.
Councilmember Duggan said he believes a total
completion date of July, 2008 is reasonable.
November 7, 2006
Page 7
Mayor Huber opened the public hearing. Seeing no
one come forward to speak, Mayor Huber closed the
public hearing.
Councilmember Vitelli moved adoption of
Resolution No. 06-107: "A RESOLUTION
APPROVING A FINAL DEVELOPMENT PLAN
FOR A PLANNED UNIT DEVELOPMENT FOR
THE A-B-C BUILDING OF THE TOWN CENTER
REDEVELOPMENT PROJECT".
Ayes: 5 Councilmember Krebsbach seconded the motion.
Nays: 0
OTHER BUSINESS Mayor Huber informed the audience that Council will
convene as an election canvassing board to review
the results of the city election on November 81h at
10:00 am. Councilmembers Vitelli, Krebsbach and
Schneeman said they would be able to attend this
meeting.
Mayor Huber said that a closed session meeting with
the property owners of Par 3 will be held before the
next City Council meeting on November 21St at 7:00
pm.
COUNCIL COMMENTS Councilmember Duggan thanked the Fire Department
for putting on a great dance and supervising the
bonfire.
Councilmember Duggan expressed his desire to work
with Burnsville, Richfield and Eagan in relation to
getting a voting seat on the MAC meetings.
Councilmember Duggan talked about the lawsuit
with the City of Lilydale and the condominium being
proposed in the tennis court area in which the City of
Lilydale lost that lawsuit. The representation was
made to the Lilydale Planning Commission that the
efforts were going ahead strongly and successfully
with Mendota Heights in relation to the water
agreement, which is not true.
Couticilperson Krebsbach commended the Police
Department and Staff for different issues that the City
has been involved with over the past week or two, in
which these issues have been handled very
professionally.
November 7, 2006
Page 8
Councilmember Schneeman talked about emails she
has received regarding what the City is doing about
WiFi. Councilmember Schneeman said many cities
are installing this and would like to see a group get
together to work on this issue. Councilmember
Schneeman suggested that a task force be formed to
include the City of Lilydale and Mendota to discuss
these issues and gain more knowledge. Mr.
Danielson said Dakota County has been taking the
lead on these issues and believes WiFi is not going to
be the mode in the future, and will be having a
conference for Staff. Mr. Danielson said it may be
possible to have the City Council invited to this
conference this winter (February timeframe) to learn
more about this, and will keep the City Council
informed on this process. Councilmember Vitelli
said the City needs to be careful to not be too
aggressive and see what other cities are doing.
Councilmember Vitelli congratulated Mayor Huber,
Councilmember Schneeman and Councilmember
Duggan for their re-election to the City Council.
Councilmember Vitelli said this is a signal that the
City and the residents are happy with the efforts of
these people.
ADJOURN
There being no further business to come before
Council, Councilmember Schneeman moved to
adjourn the meeting to Wednesday, November 8t" at
10:00 a.m. with subsequent adjournment to closed
session at 7:00 p.m. on November 21 for a meeting
with the property owners of Par 3.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:40 p.m.
RebeccS-Aaffer
Recording Secretary
ATTEST-
Jo be
�z u(
Mayor