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2006-10-17 City Council minutesOctober 17 2006 Page 1 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. October 17 2006 Page 2 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 October 17 2006 Page 3 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 October 17 2006 Page 4 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. October 17 2006 Page 5 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 October 17 2006 Page 6 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. October 17 2006 Page 7 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