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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