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2006-05-02 City Council MinutesPage No. I May 2, 2006 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 2, 2006 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: Mayor Huber, Councilmembers Duggan, K'rebsbach, 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 Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on April 18, 2006 as amended. Councilmernber Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move item 6e, temporary liquor license, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the April 25, 2006, Planning Minutes. b. Acknowledgement of the NDC4 Meeting Minutes and Agenda c. Spring Clean Up Reminder. d. Authorization to Hire Police Secretary e. Adoption of RESOLUTION NO. 06 -31, "A RESOLUTON ADOPTING A CITY COMPUTER USE POLICY." f, Authorization to Purchase AutoCAD Software for Engineering. g. Update on Planning Effort for 50'h Anniversary. h. Authorization to hire BRAA for NPDES Phase 11 Storm Water Permit Revisions. i. Approval of the list of contractor licenses dated May 2, 2006. Page No. 2 May 2, 2006 j. Approval of the list of claims dated, May 2, 2006, and totaling l $271,527.25. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 LIQUOR LICENSE /50TH Council acknowledged a memo from the City Clerk along with ANNIVERSARY an application from the Fire Relief Association for a one -day liquor license to sell beer at the 501h Anniversary Celebration. Councilmember Schneeman invited everyone to attend the anniversary celebration. She stated that there will be a street dance and the relief association has requested a pen-nit for a beer license. It will be a very fun night, with the Rockin' Hollywoods band, the Paul Heffron Band playing classics and a Salsa dancing class. Councihmember Schneeman moved to authorize the issuance of a one day temporary on -sale liquor license to the Fire Relief Association to allow the sale of beer in conjunction with the city's 50 year Anniversary Celebration. Councihmember Vitelli seconded the motion. Ayes: 5 Nays:0 SPRING CLEANUP Assistant Hollister informed the audience that the annual spring cleanup will be held on May 6, from 8:00 a.m. to 2:00 p.m. at the Mendota Plaza. He reviewed the acceptable and unacceptable items and stated that home electronics can be brought in this year and will be accepted on a fee based schedule. Appliance Collection day will be on May 8. PRESENTATIONS On behalf of the City Council, Mayor Huber presented former Planning Commissioner Joe Betlej with a plaque in appreciation for his years of service on the commission. DRIVEWAY GATES Council acknowledged a memo from Assistant Hollister relative to a proposed ordinance amendment to allow driveway gates as a conditional use. Assistant Hollister informed the audience that Council had asked for additional information from the code enforcement officer and city attorney at the last discussion on the issue. The city attorney prepared recommended language for amending the ordinance. The main concern at the March discussion on the issue was that the Page No. 3 May 2, 2006 ordinance have the mechanism in it to require the removal of a gate that has become deteriorated. Councilmember Duggan reconunended that item viii be revised to state that the gate "shall be immediately repaired or removed upon notice to the property owner." Councilmember Vitelli moved adoption of Ordinance No. 408, "AN ORDINANCE AMENDING SECTION 12 -1 OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR THE REGULATION AND CONSTRUCTION OF DRIVEWAY GATES BY CONDITIONAL USE PERMIT." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 06 -12, Council acknowledged an application from Mr. Paul Aplikowski APLIKOWSK1 on behalf of Somerset Elementary School for a Conditional Use Permit for Fill and Variance for Parking Lot Setback. Council also acknowledged associated staff reports. Assistant Hollister stated that Mr. Aplikowski is present to discuss his application for a conditional use permit for fill and a variance for the parking lot setback at Somerset School. Somerset is doing a number of improvements and a conditional use permit is required because more than 250 cubic yards of fill will be removed. The parking lot setback variance is needed because the lot is over he property line at some points and fourteen feet back at other points. Mr. Aplikowski proposes to rectify that be removing the portion that spills over the property line and making it all at the fourteen foot setback. The Planning Commission recommended approval. Councilmember Vitelli moved adoption of Resolution No. 06 -32, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL AND VARIANCE FOR PARKING LOT SETBACK AT SOMERSET ELEMENTARY SCHOOL, 1355 DODD ROAD." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 T- MOBILE Council acknowledged a memo from Administrator Danielson regarding T- Mobile's proposal to rent space in Wentworth Park and at City Hall for construction of communication towers. Page No. 4 May 2, 2006 Administrator Danielson stated that Council considered a request from T-Mobile in February on whether the city would be interested in considering leasing some of the property at Wentworth Park for a communication tower and gave them authorization to make application for a conditional use permit. T-Mobile did that and appeared before the Planning Commission in April. There was a large contingent of neighbors present to object. The neighbors listed ten concerns. He is bringing the issue back to Council this evening to see if Council desires to lease T-Mobile land for the tower. Mayor Huber stated that when a matter goes before the Planning Commission, the applicant has site control. They either own the land or have an option on it or have some agreement that they have control of the site. This matter is moving through the Planning Commission for a conditional use pen-nit. Staff brought it to the Council to determine if this applicant has site control. The question is whether Council wants to entertain leasing a portion of Wentworth Park to a private business. The Planning Commission does not advise Council on selling or leasing city land. They provide counsel to Council on applications not on how Council controls city land. Staff felt it appropriate to bring this to Council to see if Council has an interest in leasing the land. The question is whether Council wants to have a private business operating in a city park. It is one thing to have an applicant come to the city asking where they could put a business they are considering running. The decision tonight is whether this is an area Council wants to least out to a private business. Council is not trying to preempt the Planning Commission on their part of the application. He does not want to lease part of Wentworth Park to T-Mobile. That does not mean he does not want to work with them on how they provide cell service in the city, but he does not think this is a satisfactory answer. Councilmember Krebsbach agreed that Council should not lease out part of a park for a private interest. Part of this is to keep the integrity of a park experience. She is not interested in leasing out part of Wentworth Park for this or any other business use. Councilmember Duggan agreed, stating that he visited the park last week and any type of tower in this area would take away from the park. The city has many values and one of those values is the city parks and what they provide to the residents. This is a serene area and he does not support the request to lease a portion of this park. Councilmember Vitelli stated that Council is working with T-Mobile on a tower at City Hall, but it is not a park and there is an existing Ayes: 5 Nays: 0 Page No. 5 May 2, 2006 tower. That will improve cell phone service. He does not think Council should be putting private uses in city parks. Councilmember Schneeman stated that she would absolutely not approve a cell tower in Wentworth Park. She is very pleased to see so many people present this evening to bring attention to this issue. Councilmember Duggan moved to direct staff to bring back a resolution for Council review and consideration at the next meeting to terminate negotiations regarding a cell tower in Wentworth Park. Councilmember Krebsbach seconded the motion. Mrs. June Stasny thanked Council and also complimented Council on the Town Center development and the Economics Laboratories site redevelopment, stating that it will be very beautiful. INFILL Council acknowledged a memo from Administrator Danielson regarding infill. Councilmember Vitelli stated that Council should make sure to hear both sides, and there was a suggestion at a previous Council meeting that a letter be sent to everyone who may be impacted and get their comments at a public hearing. Staff has drafted a letter and Councilmember Duggan has made some revisions to it. Councilmember Krebsbach asked that Council be given both the original draft and the revised draft or the revised draft with redlining showing the proposed changes. Councilmember Duggan stated that he has brought things to Council before and was told he should go to staff instead, which is what he did. Mayor Huber agreed. Councilmember Vitelli suggested some rearrangement of the letter's paragraphs and adding titles to make it more to the point. Councilmember Krebsbach stated that this has been before Council and there has been discussion about the average size of lots being developed over the past ten years as being 20,000 to 23,000 square feet. She suggested that the range of 18,000 square feet to 25,000 square feet in the letter be changed to 20,000 square feet to 23,000 square feet. Page No. 6 May 2, 2006 Councilmember Duggan stated that using the term the "City Council l is" in the letter implies a united Council and it is not united. He voted against sending the letter. He asked that the term be changed to "City Council are." It was the consensus of the remainder of Council to leave the term as it is in the letter. It was the consensus to hold a public hearing on the proposed ordinance amendment on August 1. COUNCIL COMMENTS Mayor Huber informed the audience that the Police Department will conduct a mock crash on May 18 at Henry Sibley High School. Councilmember Duggan gave Council and the audience an update on 50th Anniversary Celebration plans. Councilmember Krebsbach informed Council that she will be unable to attend the anniversary celebration as she and her family will be in Korea to meet her daughters' birth families. ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:30 p.m. City Clerk ATTEST: John J. H Mayor