2005-11-15 City Council MinutesPage No. 1
November 15, 2005
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 15, 2005
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 Krebsbach,
Schneeman and Vitelli.
PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance.
AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda
for the meeting, further revised to delete item 8b., Acacia property
concept plan, from the agenda and to add item 8e, appointment of a
police secretary.
Councilmember Vitelli seconded the motion.
Ayes:4
Nays: 0
APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular
meeting held on October 18, 2005.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
Councilmember Vitelli moved approval of the minutes of the regular
meeting held on November 5, 2005.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar
for the meeting, revised to move items 6d, Metropolitan
Environment Partnership Grant, 6f, firefighter appointments, and 6j,
H& R Block signage, to the regular agenda, along with authorization
for execution of any necessary documents contained therein.
a. Acknowledgement of the approved minutes from the October 12,
2005 Airports Relations Commission Meeting.
b. Acknowledgement of the October 2005 Treasurers Report.
Page No. 2
November 15, 2005
c.
Acknowledgement of a memo regarding possible Council/Parks
Commission Workshop topics.
d.
Acceptance of the resignation of Firefighter Mark Kaufmann,
effective November 1.
e.
Approval to close City Hall on the Friday after Thanksgiving,
November 25, 2005.
f.
Adoption of Resolution No. 05 -111, "A RESOLUTION
APPROVING THE APPLICATION OF THE CITY OF
MENDOTA HEIGHTS FOR FISCAL YEAR 2006 DAKOTA
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING."
g.
Adoption of Resolution No. 05 -112, "A RESOLTTION
SEEKING FUNDING FROM DAKOTA COUNTY FOR
CONTINUATION OF THE COMMUNITY LANDFILL
ABATEMENT PROGRAM."
h.
Adoption of Resolution No. 05 -113, "RESOLUTION
APPROVING A MINOR AMENDMENT TO THE PLANNED
UNIT DEVELOPMENT FOR SIGNAGE FOR VERA SALON
& SPA AT THE TOWN CENTER REDEVELOPMENT
PROJECT."
i.
Adoption of Resolution No. 05 -114, "RESOLUTION
ORDERING PREPARATION OF FEASIBILITY REPORT
1
FOR INDUSTIAL PARK STREET REHABILITATION."
j.
Approval of the list of contractor licenses dated November 15,
2005.
k.
Approval of the list of claims dated November 15, 2005, and
totaling $395,498.50.
Councilmember
Schneeman seconded the motion.
Ayes: 4
Nays: 0
ENVIRONMENT PARTNERSHIP Council acknowledged a memo from Engineer McDermott regarding
GRANT acceptance of a MetroEnvironment Partnership grant for rainwater
gardens and requesting authorization for preparation of planning,
design and grant reporting assistance.
Councilmember Schneeman stated that it was a real coup for the city
to get the grant. Rain gardens are a very popular way to help with
storm water management. City Engineering has plans for rainwater
gardens at City Hall that residents could think about using when they
are doing their landscaping.
Councilmember Schneeman moved to accept the MetroEnvironment
Partnership Grant and authorization for BRAA to assist City staff
Page No. 3
November 15, 2005
with planning, design and grant reporting for an amount not to
exceed $7,700.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
H &R BLOCK Council acknowledged a memo from Assistant Hollister regarding a
minor amendment to the planned unit development for Town Center
for signage for H &R Block.
Councilmember Vitelli stated that he was taken by surprise at H &R
Block, a business office, being in what he expected to be an upper
end retail area. He would like to table this to allow more time to
meet with the developer to find out where the retail is headed, with
H &R Block moving into what appears to be a first floor location.
Councilmember Krebsbach stated that while H &R Block is not
retail, it is a very reputable organization and will bring people to the
center who will then go to the retail shops.
Councilmember Schneeiman asked if H &R Block is open year -round
or only during the tax season.
Mr. Ross Feffercorn responded that they are primarily open during
the tax season. H &R Block is considered a retail tenant in the world
of retail leasing and they will only go into retail. He stated that he
has been working with them for some time and they will only enter
into a retail lease. He stated that he meets with staff members and
members of Council on the third Wednesday of the month and H &R
Block was on the list of potential retail tenants since July. He stated
that more than half the population uses firms like H &R Block and he
feels they will bring people to the center who would not otherwise be
there. H &R Block has over 2,500 retail locations on street level
throughout the country. Accountants and CPA firms who would go
into the second floor of the building do not feel any competition with
H &R Block and the lease does not prohibit another tax preparation
firm. He stated that they are very compatible with tenants like
Nextel and Sprint in his other retail locations. He feels they are a
strong tenant for the center. H &R Block will be located between
Vera's Salon and Fantastic Sams. It will be in the middle of the
development.
Councilmember Schneeman stated that it bothers her that they are
not open year- round.
Page No. 4
November 15, 2005
Mr. Feffercom responded that they would typically be open from
December through June — the summer months are slow as is fall.
What he likes about H &R Block is that they are not high traffic
demand in the summer months because he expects very high traffic
demand at Cold Stone Creamery and Caribou Coffee during the
summer months. Responding to a question from Councilmember
Schneeman, Mr. Feffercorn stated that H &R Block will definitely
not go up to the second floor as they consider themselves first floor
retail.
Councilmember Vitelli moved to table discussion to allow him more
time to talk to Mr. Feffercorn about tenant strategy in general.
Mayor Huber seconded the motion.
Ayes: 3
Nays: 1 Krebsbach
FIREFIGHTER Council acknowledged a memo from Fire Chief Maczko regarding
APPOINTMENTS appointment of four new probationary firefighters.
Ayes: 4
Nays: 0
Chief Maczko informed Council that there are four vacancies on the
department created by the retirements of Aaron Coates, Tim Oster,
Ed Adrian and Mark Kaufmann. The fire department has been going
through the selection and interview process for about four months.
The four candidates were selected from a pool of nineteen candidates
who were tested for physical agility. He introduced the candidates,
Vince Belmares, Hayley Heidelberg and John Mendez and their
families to Council. Candidate Dale Stein was not able to attend the
meeting.
Councilmember Krebsbach moved to appoint Vince Belmares,
Hayley Heidelberg, Dale Stein and John Mendez to one year
probationary status as firefighters.
Councilmember Schneeman seconded the motion.
Councilmember Vitelli complimented Chief Maczko and the fire
department, stating that it is a volunteer department and it is very
encouraging to see that the department is able to recruit such talented
individuals.
PUBLIC COMMENTS Mrs. Betty Schuster, 1900 Wachtler Avenue, stated that the City
Attorney has stated that when a subdivision is brought before
Council, if the subdivision meets all of the ordinance requirements it
cannot be denied. She stated that she hopes that Council will be fair
Page No. 5
November 15, 2005
and consistent with respect to her subdivision application (Case No.
05 -42).
Attorney Schleck responded that he does not get to snake any
decisions. He agreed that he had made the statement in a document
to Council, but he is not empowered to make any decisions on
whether a subdivision gets approved or not.
Mrs. Schuster stated that there was a memo that stated that the
Council wanted to wait until the infill workshop before snaking a
decision on her subdivision. Now the Council wants to put a
moratorium on subdivisions for six to twelve months to enact new
subdivision laws. She stated that her subdivision should have been
decided based on what is on the books now and the infill report
should have been done over a year ago.
HURT TRAIL, Council acknowledged a memo from Operations & Projects Manager
Guy Kullander regarding a Dakota County alternate location for the
North Urban Regional Trail. Mr. Kullander introduced Ms. Lynn
Moratzka, from Dakota County.
Ms. Moratzka stated that she and Ms. Mary Jackson, from Dakota
} County, and Ms. Nancy Daubenberger, from MnDOT are present to
discuss the NURT routing proposal and provide an update on what
has been happening since September 6. She stated that on
September 6, Council requested that the county pay to shift the road
alignment frontage road near 689 Highway 110 and the cost estimate
was about $50,000. She believes it would be between $50,000 and
$100,000. She took the city's resolution to the physical development
committee on September 27. The board is very sympathetic to all of
the city's concerns and have many concerns of their own. They
directed the county staff to seek cost sharing agreements to move the
road or other alternatives with the city and MnDOT. On October 5,
county staff had conversations with MnDOT and they stated they
could not cost share moving the frontage road but that they had
reevaluated an earlier alternative which had been discarded and they
asked that the trail be placed on the north side of the frontage road
along most of the residences with a mid -block trail crossing to the
south side just east of 689, which would allow no shifting of the road
to the south. In mid and late October, the county staff met on site
with city and state staff to evaluate the sight lines and safety and the
consensus that a mid block crossing would be safer than running the
trail between the frontage road and the highway. She reviewed the
conceptual drawings and showed where the crossing would occur on
the road. This has been done on the Big Rivers Regional Trail
Page No. 6
November 15, 2005
crossing old Sibley Memorial Highway. When they looked at this
alternative, they looked at the traffic counts on the frontage road as
compares to the Big Rivers Regional Trail crossing. She reviewed
pictometry of the Big Rivers Regional Trail crossing.
Ms. Jackson stated that 689 Highway 110 is the closest house to the
proposed trail. The proposed cross over is about midway between
that address and the driveway to the east.
Ms. Moratzka asked for Council's input on the options and stated
that she can go back to the physical development committee at their
next meeting with Council's comments. The four options are: build
the trail in the existing roadway with county funding without shifting
the road, hove the frontage road in front of 689 at city and county
cost sharing, design the trail with the mid block crossing as
supported by MnDOT, or not build the trail and relinquish the
federal funding to MnDOT for reallocation to other projects. The
county staff recommendation is to go with the design with the mid
block crossing.
Mayor Huber stated that this seems to be a solution that, while not
perfect, he could support. As long as the county has done some site
visits and made comparisons with other mid block crossings and is
comfortable with the trail safety, he can support it.
Councilmember Krebsbach stated that this is different from Highway
13 because it is a frontage road going to the high school so she did
not know that people would expect people to cross in the middle of
that.
Ms. Moratzka responded that there is a crossing directly across
Highway 13 that has higher traffic counts.
Councilmember Krebsbach asked if MnDOT feels it is a safe
crossing.
Ms. Daubenberger stated that she was on the site visit with Ms.
Jackson several weeks ago and their concern about a mid block
crossing was whether there would be proper sight distance for
vehicles traveling on the road and for pedestrians to see them in time
as they come around the curve and corners. While she and Ms.
Jackson were on site, they timed how long it would take vehicles
from the second they saw them until they passed, and they decided
that bikes and pedestrians could easily cross there given when they
Page No. 7
November 15, 2005
would see vehicles coming. That is why the mid block crossing was
recommended to the county.
Councilmember Krebsbach asked if the crossing would be in the area
where there is no parking.
Engineer McDermott responded that it is not posted for no parking.
Ms. Daubenberger stated that as a bicyclist herself, she would
suggest that people take extra caution if there are vehicles parked
there. She did not recall seeing many parked cars, if any, when she
was on site.
Councilmember Vitelli asked if Ms. Daubenberger is speaking for
MnDOT in telling Council that the proposal Council sees is blessed
by MnDOT as a safe method for crossing the street at that location
for this pathway.
Ms. Daubenberger responded that this it is as safe as a crossing can
be and about as safe as putting the crossing at the stopped condition
at the end of the frontage road where it meets Oak Street. While
there are never any guarantees, MnDOT believes it is rather safe to
cross there.
Councilmember Vitelli asked if Ms. Daubenberger is in a position at
MnDOT where she frequently checks the safety of crossing and
turns.
Ms. Daubenberger stated that she gets involved in those decisions
but often defers to the state's traffic experts. In this case, the expert
was Mr. Lars Impala and he was on site visit with them.
Councilmember Schneeman stated that she is very pleased with the
proposal. The trail will be very important. She has driven the
frontage road several times since some of the stores have opened at
Town Center and the last time there were eight cars backed up at the
stop sign. It is important to have a safe place for people to walk and
to stroll with their children.
Councilmember Schneeman moved to approve the trail alignment
with the mid block crossing as proposed by Dakota County staff.
Mayor Huber seconded the motion.
Ayes: 4
Nays:0
Page No. 8
November 15, 2005
Ms. Moratzka informed Council that the county staff has not worked
with the residents yet, but after staff meets with the county board
next week they will begin to meet with the residents. They needed to
resolve all of the alignment issues before meeting with the property
owners.
SUBDIVISION MORATORIUM Council acknowledged a memo from Administrator Danielson
regarding a proposed subdivision moratorium. Council also
acknowledged a proposed ordinance prepared by the City Attorney to
implement a 12 month moratorium.
Administrator Danielson stated that Council and staff recently met in
a workshop with the Planning Commission to discuss infill
development, which is the resubdivision of larger lots that are
capable of being subdivided. The city is nearly developed and that is
one of the few types of development that can occur. The planner
gave Council several options to think about at the workshop. Council
and the conunission discussed all of the options and Council's
primary concern was how this affects the entire city. They directed
that planner to look at all of the lots that could be developed and
come back to Council and again discuss the topic.. With that work
still pending, Council asked Administrator Danielson to develop a
moratorium on all subdivision until that work is done. What is
before Council tonight would establish a moratorium for 12 months,
which is the longest time a moratorium can last by law. The city can
reduce the time moratorium lasts, and Council wants to get this done
as expeditiously as possible. The planner has been given that
direction and is working to get it done much quicker, but it much
easier to fall back from the 12 months than it is to establish it for
three months and then extend it.
Councihnember Krebsbach stated that she feels infill is one of the
most important issues before the city and has been for the past four
to six years. She is in support of the moratorium, and one of the
reasons is that it opens the discussion to the entire community rather
than just a case by case basis. It gives everyone a chance to discuss
infill and what is the appropriate way to proceed for the next ten to
twelve years.
Mayor Huber supports the moratorium because the planner is still
gathering information. He hopes something can be done by March
or April rather than twelve months. While he is in support of a
moratorium while the information is gathered, he is not convinced
that he supports of any of the options that were presented by the
planner, but this is still in the information gathering process. When
Page No. 9
November 15, 2005
the planner presents that information, there will likely be more
questions. He can envision there being several iterations of this. He
is fine with putting the moratorium in place, but as city officials,
Council is responsible for moving this along as expeditiously as
possible.
Attorney Schleck clarified that the moratorium only applies to
residential zones R -1, R -1A and R -1B.
Ms. Joan Olin, here in regard to 1140 Orchard Place, stated that the
infill study indicated that the fully developed scenario results in three
general types of development proposals in the community. The first
is new development in the focus areas. Assistant Hollister informed
her that focus areas are mainly the golf courses. The second type is
redevelopment in areas that were underdeveloped and are now aging.
She does not think that relates to her property because her
neighborhood is not underdeveloped. Theirs is the last and probably
only lot. The third option is infill development in areas where over
sized parcels are seen as opportunities for re- subdivision. She stated
that she does not know if that applies to her property either because
they have owned it since 1972. They are not developers who have
come in like the owners of Par 3 and buy it to change it to
residential. In reviewing the study, she noted four concerns of the
city. One is conversion of open space to residential. Their property
is zoned residential. Another concern is conformity with the
neighborhood. They approached Council in 1995 when the Orchard
Hill plat was developed. They gave a development proposal to the
city, trying to anticipate access off of Lexington. They were not
ready to develop the property at that time. They do not see
development of their property as being out of conformance with the
neighborhood. Another concern is inadequate street frontage or flag
lots. Their lot already has a street, called Carly Lane. Mallard Lane
comes off of the back. Another concern was over variances. She
does not see any need for variances on her property. She noted that
the last page of the study says that current applications may be
subject to a moratorium or Council may choose to exempt certain
subdivision requests based on timing or other factors. Because they
have such a large lot, she asked that Council exempt them from the
moratorium at this time because the four concerns that precipitated
the moratorium really do not apply to their property. To take such a
large lot out of their hands at this time seems unfair.
Attorney Schleck suggested that Ms. Olin submit a request for an
exemption from the moratorium in writing. He stated that it would
Page No. 10
November 15, 2005
be best to have exemption requests in writing in order to keep track
of them.
Mayor Huber stated that he wants to make sure all of the information
is gathered so he does not want to go through it so quickly that
something is left out, but he wants to get through this as
expeditiously as possible. He hopes this is wrapped up by March or
April. He stated that if the Olins came in with an application,
Council could extend it out for 120 days anyway, which would take
it out to mid - March. He did not think the city would be holding the
Olins up for any appreciable length of time beyond that. He thinks
Council must move along on this and he does not see any reason the
moratorium will take a year. When the planner comes back with his
information will likely result in more questions for him and public
input as well. That process will take some time, but he did not think
it would take much longer than March or April.
Mr. David Olin stated that they would like to ask for an exemption
and will submit a formal request to the Council.
Ms. Olin stated that she thinks Mendota Heights has done a
wonderful job in the development of the city and does not think a lot
of changes are necessary.
Councilmember Krebsbach responded that the moratorium gives the
Council a chance for a fully informed discussion and a larger
engagement with the residents on the next stage of residential
development versus one lot at a time.
Ms. Olin stated that when they came before Council ten years ago
they asked for access off of Lexington and were told unless they had
a plan before Council, it would not be considered.
Councilmember Krebsbach stated that would be something Councikl
would talk about (access to the Olin property). There are a lot of
important issues in every neighborhood because there are large
parcels left. One of the good things about this is that residents will
be very aware of the really desirable large parcels that are left in the
city.
Mrs. Betty Schuster asked how the moratorium will affect their
application, because they submitted their subdivision application
before the infill report. She did not think they should be subject to
the moratorium. With the 80% ground rule, that will never be
worthwhile because people will have to leave their land the way it is.
Page No. 11
November 15, 2005
Council has to compare apples to apples. Some of the property in
the city and in their area is about the same size as her property but
many of them drop off and the living area is very small. Some of the
lots on Hilltop have only 16,000 square feet of usable area.
Councilmember Krebsbach stated that Mrs. Schuster's neighborhood
is very important for the study inside the moratorium.
Mrs. Schuster responded that this subject has been on -going for 30
years and she does not know why. Her property has a bigger
frontage that the lot across the street and it is all buildable and there
are no drop offs. She asked how the moratorium will affect her lot.
Attorney Schleck responded that Minnesota law states that if a
moratorium is posed under MS 462.355, that applications that have
not been preliminarily approved by the City Council are subject to
the moratorium.
Mr. Scott Miller, 1021 Wagon Wheel, stated that he would be
directly affected by the moratorium. He does not have any
immediate plans to subdivide but cautioned Council not to impose a
moratorium. He felt there are downsides to it that have not been
examined. He stated that he attended the workshop and the infill
report has quite a bit of ambiguity and ideas that have not been tested
and he feels the report has some major flaws. If Council chooses to
enact a moratorium he hopes it becomes visionary rather than
reactionary and that Council examines creative alternatives and looks
at the causes and affects. There will be people who will be affected
by the moratorium who are not aware of this. He stated that he
believes what is not broken should not be fixed. The city has guided
the city well over the past 50 years and the city has developed very
nicely and there has usually been a compromise when a subdivision
has come in because of the way the neighbors come in and everyone
works together on a solution. Maybe there needs to be workshops or
a task force to help guide development for the next 50 years rather
than a moratorium. The report did not take into account what will
happen when gas goes to $5 per gallon and people move in from
outer areas. Reactionary will be restrictive and short sighted. This
will send out mixed signals. On one hand the city is promoting
concentrated development and in other areas Council will be saying
to some of the residents that they have to wait while Council figures
out what it wants to do. He felt if Council wants to be fair there
should be a moratorium on all development, not just residential.
Page No. 12
November 15, 2005
For clarification, Attorney Schleck stated that the purpose of a
moratorium is to allow a municipal governmental body time to study
an issue that affects the community as a whole. It prevents a
governmental body from taking the same issue on a case by case by
case basis. It adds consistency and predictability to the process for
the residents. The moratorium being discussed tonight is nothing
more than a time out for the city to study what is going on with
respect to infill and infill development. The result of the moratorium
may either be some changes to the subdivision ordinance or there
may be no changes at all. It is just a time out, not a restriction on
future subdivision. The purpose of a moratorium is to allow time for
workshops and task forces to guide the city without being under the
restrictions of the 60 day rule and some of the other requirements
imposed on cities for development projects. A moratorium is not a
complete cancellation of the right of a parry to subdivide a piece of
property. It is simply a time out for the city to study it in more detail.
Mayor Huber stated that it is also an opportunity for Council to think
about the issues and come to a common thinking so that Council
handles future applications consistently.
EIS ORDINANCE
Councilmember Schneeman agreed about the comment from Mr.
Miller about being visionary description. That is the way she looks
this. She wants to have a handle on where Council is going and what
it is doing and so no one is given preference over someone else.
This is a learning situation for Council.
Councilmember Vitelli stated that he agrees with Councilmember
Krebsbach's comments, in particular the concept of drawing input
from the city and making sure people are aware Council is doing this
and that Council wants to listen. He stated that he would not support
any exception to the moratorium unless the owner comes forward
with a development plan.
Mr. Miller stated he is licensed realtor in Minnesota and Wisconsin
and a licensed building official in Minnesota. He stated that the
moratorium does not take into account existing lots. The multiple
listing service only lists one lot in Mendota Heights for sale and that
lot is $274,900. If there is a moratorium, it will create a bonanza for
the next year for the people who are sitting on lots they have
subdivided in the past.
Councilmember Krebsbach stated that the lot Mr. Miller referred to
may be the only lot for sale right now but there are other lots that
would be available to sell if someone wanted to sell them. People
Page No. 13
November 15, 2005
are not precluded from selling lots that have already been
subdivided. She stated that she would not be vote for any exceptions
to the moratorium. She believes that people would want Council to
take a comprehensive look at this.
Mr. Tim Minea, 772 Ridge Place, stated that the Schuster must be
wishing they made their application in May when there were
different procedures in order in terms of approving subdivisions. He
felt that the moratorium is directed at the Schuster application. It
looks like the Council has an agenda.
Mayor Huber responded that Council has had four applications in
that neighborhood and this is something that has been building for a
while.
Mr. Minea stated that he came to the workshop and read the infill
study and there was no bombshell and nothing that really said what
the rationale is for a moratorium or a change in the ordinance. What
he learned is that different types of property are developed differently
and if the subdivision ordinance is changed people will have to meet
the new requirements. He did not see anything in it that serves as
rationale for placing the Schuster request under the moratorium. He
felt their application should be considered and that there is nothing
that prevents Council consideration of it. He thinks there is a danger
that Council is giving applications unequal treatment. The Council
approved a subdivision on Willow Lane in May. The Planning
Commission had recommended denial and the neighborhood
opposition and yet Council reluctantly approved it. He sees nothing
different with the Schuster request. There are neighbors who
approve of it and neighbors who oppose it and the Planning
Commission recommended approval. He feels the Schusters are
being denied their due process and there is a danger that the two
cases are not being treated equally.
Councilmember Krebsbach responded that is exactly Council needs a
moratorium to study.
Mayor Huber stated that in that neighborhood there was an
application that was approved and another that was denied and
another that went through three or four iterations and was finally
approved. There was a concern on whether or not Council was
aware of all the issues in infill development. The feeling was that
Council needs more education and information to understand what
all the issues are, what Council can and cannot do and what the
pitfalls are of doing something and of doing nothing. The
Page No. 14
November 15, 2005
moratorium treats everyone the salve. He stated that he would not
favor granting anyone an exemption. It is his intention to go through
this rather quickly.
Mr. Minea responded that the infill study was requested in May and
it could have been done sooner. The Schuster application came in
October. He thinks a moratorium may have some benefit and
justifiable but not applying it to the Schusters.
Mayor Huber stated that a workshop on the infill study had been
scheduled for September but a number of people announced that they
could not make it, so it had to be rescheduled. The study was ready
several weeks before the rescheduled workshop.
Mr. Minea thought that one of the concerns expressed in May was
that Council needed to know how many residential properties are
capable of being subdivided in the future and question was asked at
the infill workshop but there is still no answer.
Mayor Huber responded that the question was not how many lots are
subdividable but what the impact of these changes would be on lots
that are subdividable.
Councilmember Krebsbach moved adoption of Ordinance No. , "AN
ORDINANCE AMENDING ORDINANCE NO. 301 a/k/a TITLE
11 OF THE CITY CODE OF MENDOTA HEIGHTS,
MINNESOTA," to approve a one year moratorium to give Council
time to study infill in Mendota Heights as reported by the city
planner and other issues that arise at that time.
Councihnember Schneeman seconded the motion.
Ayes: 4
Nays: 0
EAW /EIS ORDINANCE Council acknowledged a memo and proposed ordinance from
Administrator Danielson regarding requiring developers to pre -pay
of city costs associated with an EAW.
Attorney Schleck reviewed the recommendation, stating that state
statute provides that in the case of an environmental impact
statement that is required, the project proposer is responsible to fund
the preparation of the EIS. They are actually required to pre -fund the
EIS before it is taken on by the Responsible Government Unit.
There is a loophole in the law that does not require them to pay the
costs associated with an EAW. The EAW can be required to be paid
for by the project proposer if there is a local ordinance requiring
Page No. 15
November 15, 2005
payment of the costs. The proposed ordinance provides that if a
project proposer comes in for a project for which an EAW is
required, that the proposer will be required to pay the city costs
associated with preparing it.
Councilmember Vitelli moved adoption of Ordinance No. , "AN
ORDINANCE AMENDING TITLE 12 OF THE CITY CODE OF
MENDOTA HEIGHTS, MINNESOTA."
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
POLICE SECRETARY Council acknowledged a memo from Police Chief Aschenbrener
regarding the appointment of a new police secretary.
Chief Aschenbrener reviewed his memo and recommended the
appointment of a half-time secretary for the police department
subject to passing results from a drug screen and pre-employment
physical.
Councilmember Krebsbach moved to appoint the candidate
recommended by Chief Aschenbrener subject to passing results from
a drug screen and pre-employment physical.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
COUNCIL COMMENTS Councilmember Krebsbach recommended that Council hold a
workshop on rental housing and on-street parking.
Mayor Huber felt that the discussion should be held at a regular
Council meeting because there are many people who have questions
about rental property in their neighborhoods. Holding the discussion
at a regular meeting would allow for a broader discussion.
After discussion, it was the consensus to schedule discussion on
rental housing and on-street parking for the January 17 Council
meeting.
Councilmember Vitelli encouraged residents to contact any
Councilmember or staff to bring up issues and concerns to cover at
the meeting.
Page No. 16
November 15, 2005
ADJOURN There being no further business to come before Council,
Councilmember Vitelli moved that the meeting be adjourned to
closed session for discussion on police contract negotiations.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 8:58 p.m.
Katfileen M. Swanson
City Clerk