2006-10-17 City Council minutesOctober 17 2006
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 17, 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 Acting Mayor Vitelli called the meeting to order at 7:30 p.m.
The following members were present: Acting Mayor Vitelli,
Councilmembers Duggan, Krebsbach, and Schneeman.
Mayor Huber had notified Council that he would be out of
town.
PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of
Allegiance.
AGENDA ADOPTION Councilmember Duggan moved adoption of the agenda as
revised with the addition of 61. Councilmember
Schneeman seconded the motion.
Ayes: 4
Nays: 0
MOTION CARRIED
APPROVAL OF MINUTES Councilmember Krebsbach moved to approve the minutes of
the October 3, 2006 council meeting as corrected.
Councilmen ber Duggan seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent
calendar for the meeting as revised with the removal of 6.a.,
6.d., 6.g., and 6.i., and authorization for execution of any
necessary documents contained therein.
a. Acknowledgement of the Minutes from the October 10,
2006 Park and Recreation Commission Meeting.
b. Acknowledgement of the September 2006 Treasurer's
Report.
c. Acknowledgement of the 15th Annual Fire Awards.
d. Approval of the Insurance Renewal.
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e. Approval of the Replacement of 3 Softball Backstops and
Other Work Using Special Park Funds.
f. Approval of Closing City Hall the Friday after
Thanksgiving.
g. Approval of Summary Publication of the Mississippi
River Critical Area Ordinance.
h. Approval of Purchase Order for Replacement of (South
Side) City Hall Gutter.
i. Adoption of Resolution No. 06-99: "RESOLUTION
FORMALLY ACKNOWLEDGING THE RECEIPT OF
$750.00 TO THE CITY OF MENDOTA HEIGHTS FOR
INSTALLATION OF A PARK BENCH."
j. Adoption of Resolution No. 06-100: "RESOLUTION
ACCEPTING WORK AND APPROVING FINAL
PAYMENT FOR JOB NUMBER 200602,
IMPROVEMENT NO. 2006-02 INDUSTRIAL PARK
MILL AND OVERLAY."
k. Adoption. of Resolution No. 06 -101: "RESOLUTION
ADOPTING THE MENDOTA HEIGHTS LOCAL
SURFACE WATER MANAGEMENT PLAN".
1. Approval of the List of Contractors.
m. Approval of the List of Claims dated October 17, 2006
and totaling $244,365.89.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
ITEMS PULLED FOR Item #6.a.: Councilmember Duggan referred to the
DISCUSSIONS first page of the minutes, fourth paragraph, "Commissioner
Spicer said that everyone in the City seemed to enjoy the
expanded event, but the City Council has backed away from
organizing an expanded event in 2007." Councilmember
Duggan said he did not believe that this statement should say
that the City Council is thinking of backing away, and there
has been no formal action that the City Council will be doing
so.
Councilmember Duggan moved approval of the Minutes
from the October 10, 2006 Park and Recreation Commission
Meeting. Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
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Item #6.d.: Councilmember Duggan asked for further
clarification. Finance Director Kristin Schabacker said the
City's general liability insurance renews every November 1"
and typically the City has the option to purchase additional
liability coverage. The statutory limits are $300,000 per
claimant plus $1M coverage per occurrence. In the past, the
City has elected not to raise the statutory limit and not to
purchase additional liability insurance.
City Attorney Diehm said the State places limits on the
amount of liability that a municipality will have in certain
circumstances, and in the case there is an event in which the
City is found liable, the statute caps the amount of financial
responsibility that the City has. Some cities choose to wave
those limits, and buy additional insurance so that if a
catastrophic event does occur, the city would be able to turn
to the insurance company to settle those claims.
Councilmember Schneeman said she consulted with an
insurance person and was told this was a good idea.
Councilmember Duggan moved approval of the Insurance
Renewal.as presented. Councilmember Krebsbach seconded
the motion.
Ayes: 4
Nays: 0
Item 6.g.: Councilmember Duggan expressed his concern
about the language in page two of the staff report. Mr.
Danielson said he was aware of this and Staff will correct.
Councilmember Krebsbach asked if there were any other
changes in this document from what has been the practice.
Mr. Danielson there has been no significant changes required
by the DNR.
Councilmember Krebsbach moved approval of the Summary
Publication of the Mississippi River Critical Area Ordinance.
Councilmember Schneeman seconded the motion.
Councilmember Duggan referred to Section 2.1 and wonders
how it relates to someone making a presentation to the City.
Ms. McDermott said this language says that the City will not
issue a building permit until the City Council has approved
the Critical Area permits required. Councilmember Duggan
said he would like to have copies of this ordinance to both
Lilydale and Mendota and request these cities send their
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ordinances back to Mendota Heights. Ms. McDermott said
Mendota Heights is the only city that has created a Critical
Area Ordinance.
Acting Mayor Vitelli asked Staff to report back to the City
Council with any information they receive from these cities.
Ayes: 4
Nays: 0 Item #6.h.: Councilmember Schneeman said Diane Mast has
donated $750.00 toward a park bench in honor of her 75th
birthday. Councilmember Schneeman gave some history on
the Mast family.
Councilmember Schneeman moved adoption of Resolution
No. 06-99: "RESOLUTION FORMALLY
ACKNOWLEDGING THE RECEIPT OF $750.00 TO THE
CITY OF MENDOTA HEIGHTS FOR INSTALLATION
OF A PARK BENCH". Acting Mayor Vitelli seconded the
motion.
Ayes: 4
Nays: 0
ASSESSMENT HEARING Councilmember Duggan said a letter has been received
DELAWARE AVENUE by Mr. Robert Spurr, appealing the proposed assessment,
RESOLUTION #06-102 as Mr. Spurr believed the assessment included sidewalk
improvements, and there is no sidewalk to be installed. Ms.
McDermott said she spoke to Mr. Spurr and told him the
information that was given to him was not completely
correct. Ms. McDermott said she checked with West St.
Paul, as Mendota Heights is using the same annual
assessment rate of $36.70 per front foot, and was told that
this number does not include assessments for the sidewalks.
West St. Paul typically assesses sidewalk repair separately
from their street improvements. Ms. McDermott said based
on her calculations, the unit rate is $4,451.70 per the 39 lots
on the Mendota Heights side of the street, and this amount is
substantially less than what the typical procedure is.
Acting Mayor Vitelli opened the public hearing.
Robert Spurr, 1037 Delaware Avenue, said he has withdrawn
his appeal.
John Price, 1045 Delaware Avenue, thanked the City
Council and all the members for the meeting for the residents
that was held.
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Seeing no one else come forward wishing to speak, Mayor
Vitelli asked for a motion to close the public hearing.
Councilmember Schneeman moved to close the public
hearing. Councilmember Duggan seconded the motion.
Councilmember Duggan moved approval of Resolution No.
06 -102: "RESOLUTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR THE DELAWARE AVENUE
RECONSTRUCTION PROJECT (PROJECT NO. 200523,
IMPROVEMENT NO. 2006-03)". Councilmember
Schneeman seconded the motion.
Ayes: 4
Nays: 0
ASSESSMENT HEARING Acting Mayor Vitell said this improvement is for
INDUSTRIAL PARK Mendota Heights Road from Lexington Avenue to Highway
RESOLUTION #06 -103 13, also Northland Drive, Enterprise Drive, and Medallion
Drive. The total construction cost is $725,000 (73 properties
affected with an assessment rate of $2,414.00 per unit).
Acting Mayor Vitelli opened the public hearing. Seeing no
one else come forward wishing to speak, Mayor Vitelli asked
for a motion to close the public hearing.
Councilmember Duggan moved to close the public hearing.
Councilmernber Schneeman seconded the motion.
Ayes: 4
Nays: 0
Councilmember Krebsbach moved to approve Resolution
No. 06 -103: "A RESOLUTION ADOPTING AND
CONFIRMING ASSESSMENT FOR THE INDUSTRIAL
PARK REHABILITATION PROJECT (PROJECT
#200602) ". Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 06 -29 Acting Mayor Vitelli said this case has been recommended
HARKNESS for approval by the Planning Commission, with the hardship
being the size of the lot gives no alternative site to construct
a shed.
Tom Harkness, 1245 Dodd Road, said he is requesting the
variance to construct a shed in his rear yard for storage of
lawn equipment. Mr. Harkness said he has a car in the rear
I
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yard that is currently covered up and that he would not be
storing the car in the shed. Mr. Harkness said the trailer that
is in the front yard is on a driveway parking pad and will be
staying there.
Seeing no one else come forward wishing to speak, Mayor
Vitelli asked for a motion to close the public hearing.
Councilmember Krebsbach moved approval of Resolution
No. 06 -104: "A RESOLUTION APPROVING A 42 -SQ. FT.
VARIANCE FROM THE MAXIMUM SIZE FOR
ACCESSORY SHED FOR 1245 DODD ROAD."
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
DISCUSSION OF REQUEST Ms. Janet Schrankler, 2350 Apache Street, sent a letter
FOR TREES AT FRIENDLY requesting the City plant trees at the Friendly Hills Tot
HILLS TOT LOT Lot. This request was presented to the Parks and Recreation
Commission on October 10, 2006. It is noted that Ms.
Schrankler was not in the audience to address the City
Council.
Councilmember Krebsbach said there have been discussions
about this property, which the City has decided to retain
ownership of this property. Councilmember Krebsbach said
she has no problems with planting some trees in this
location. Acting Mayor Vitelli said he was informed by
Public Works that they would be able to plant a few trees.
Councilmember Duggan said he would like to hear from
neighbors input regarding affordable housing and have some
discussions in the future to see what can be done in that area.
Councilmember Krebsbach moved to approve the tree
planting in the Friendly Hills Tot Lot as presented.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
COUNCIL COMMENTS Councilmember Duggan congratulated Opus Corporation on
their groundbreaking for the condominium development on
Highway 13 and Wachtler.
Councilmember Duggan said he was pleased to see patrons
enjoying the Sage Market and Wine Bar.
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Councilmember Krebsbach said there is some growing
interest for conservation development where cities leave
some natural spots in residential neighborhoods.
Councilmember Krebsbach said she believes the City has
planned these natural spots well.
Councilmember Krebsbach said she is glad the high school is
being upgraded and it is needed.
Acting Mayor Vitelli said he recently had lunch at Sage
Market and the deli offers wonderful sandwiches, as well as
the gourmet offerings in the market area. Acting Mayor
Vitelli said there has been a noticeable increase of cars in
this development. Acting Mayor Vitelli said he received
comments that the lighting was not on at night, and asked
staff to check this out.
ADJOURN There being no further business to come before Council,
Councilmember Schneeman moved to adjourn.
Councilmember Duggan seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 8:10 p.m.
Rebecca ShaffeV
Recording Secretary
ATTEST:
Jo ber
May