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2002-08-20 City Council minutesPage I August 20 2002 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 20, 2002 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. on Tuesday, August 20, 2002 at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto, Council members Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Council member Vitelli moved adoption of the agenda for the meeting. Council member Krebsbach seconded the motion. Ayes: 5 Nays: 0 MINUTE APPROVAL Mayor Mertensotto stated that on page 6, the minutes should be corrected as Council member Dwyer did not ask for the contract to be executed. Council member Dwyer asked if it was not clear that was his intent. Mayor Mertensotto stated that it was not clear. Council member Krebsbach moved approval of the minutes with corrections of the regular meeting held on Tuesday, August 6th, 2002. Mayor Mertensotto seconded the motion. Council member Vitelli abstained from the vote as he was absent for the August 6t" meeting Ayes: 4 Nays: 0 Abstain: I (Vitelli) CONSENT CALENDAR Council member Krebsbach requested that item 5 f. "Acknowledgement of the Mosquito Complaint" be removed from the consent calendar. Council member Vitelli moved approval of the consent calendar for the meeting, revised to move item 5f to the regular agenda, along with authorization for execution of any necessary documents contained therein. Page 2 August 20 2002 a. Acknowledgement of the August 13, 2000 Park and Recreation Commission Minutes b. Acknowledgement of the July 23, 2002 Planning Commission Minutes c. Acknowledgement of the NDC4 Unapproved Meeting Minutes and Agenda d. Acknowledgement of July2002 Treasurer's Report e. Acknowledgement of July2002 Monthly Fire Dept. Report f. (Removed from Consent Calendar) g. Acknowledgement of the Repairs and Resurfacing of Marie Park Tennis Courts h. Approval of Sign Permit for 1440 Northland Drive, Brown College i. Approval of SCBA Bottles for Fire Department j. Adoption of Resolution No. 02-42: "RESOLUTION DENYING A WETLANDS PERMIT FOR A DOCK AT 778 HAVENVIEW COURT" k. Adoption of Resolution No. 02-46: "RESOLUTION TO RESTRICT PARKING ON TOWN CENTER BOULEVARD/TRUNK HIGHWAY 110 NORTH FRONTAGE ROAD FROM TRUNK HIGHWAY 149 TO DELAWARE AVENUE." 1. Approval of List of Contractors m. Approval of List of Claims Council member Krebsbach seconded the motion Ayes: 5 Nays: 0 MOSQUITO COMPLAINT Council member Krebsbach stated that she pulled this item as a matter of information to the public. She asked that Public Works Director Jim Danielson speak to his memo. Mr. Danielson stated Page 3 August 20 2002 that over the last several weeks, City staff and Co-uncil have been contacted by Mrs. O'Brien about mosquitoes. She has had two complaints. First, members of the Metropolitan Mosquito Control District (MMCD) have not been responsive to her complaints; in particular, the Director of the District has not returned any of her repeated calls. He has had other staff members call her back and she believes that the people who call her back have given her misinformation. Second, because it is a wild and natural area, several years ago the St. Paul Parks Department requested that the MMCD not treat their Pickeral Lake Park area. Mosquitoes that breed in this area fly, or are blown up to Mrs. O'Brien's neighborhood. MMCD would treat the area if St. Paul withdraws their request. Mr. Danielson reported that he contacted Bob Bierscheid, the new St. Paul Parks and Recreation Director about the possibility of withdrawing their request. Mr. Bierscheid stated that he would not mind if the MMCD treated the Pickeral Lake area. Mr. Danielson contacted the MMCD and they will now treat the Pickeral Lake area for mosquitoes. He indicated however that it may not be this year, due to the lateness of the season. Council member Krebsbach made a motion to acknowledge the mosquito report from Mr. Danielson. Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments KPMG AUDIT PRESENTATION Mr. Chris Ohmdahl of KPMG presented the 2001 audit to the City Council. He reviewed the audit report and stated that there are no financial concerns or problems that they have identified. He reviewed the general purpose financial statements and the individual fund statements with the City Council. Mr. Ohmdahl stated that they noted no transactions or practices entered into by the City in 2001 that were unusual or under professional standards should be of concern. In connection with the audit, Mr. Ohmdahl reported that nothing came to their attention that caused them to believe that the City failed to comply with the terms and conditions of the applicable categories of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the Office of the State Auditor, pursuant to Minn. Stat 6.65, insofar as they relate to accounting matters. Mr. Page 4 August 20 2002 Ohmdahl reported that the City of Mendota Heights has sound financial management and practices in place. Mr. Ohmdahl reviewed the future changes required by GASB 34. Council member Dwyer asked what type of increased expenditures could the City expect with these new standards. Mr. Ohmdahl stated that they expect an increase of 25-30% in audit fees related to GASB 34. Mayor Mertensotto asked about the fee charged for performing the audit. Mr. Ohmdahl reported that if he remembers correctly, the fee was $25,750. Mayor Mertensotto clarified that these were for audit fees only and not for consulting of any kind. Mr. Ohmdahl agreed. Mayor Mertensotto requested that in the future if any of the fees charged were for consulting services, that those fees be broken out separately from the audit work. Mayor Mertensotto thanked Mr. Ohmdahl for his report. SANITARY SEWER BACKUP CLAIMS Mrs. Erica McDonald, 671 Brookside Lane, addressed the Council. She reported that since the last time they appeared before the City Council, they received three other bids for the cleanup of their basement. The bids range from $42,000-$47,000. Clean response was the second lowest bid. She stated that Matt Hanley, the LMCIT claims adjuster told them to get a bid from Lindstroms, which came in at $47,000. Mayor Mertensotto stated that he still in favor of paying the McDonalds $30,000 for their claim. Council member Krebsbach reported that she did speak to Matt Hanley, the LMCIT claims adjuster. He explained that he found no negligence on the part of the City. However, there were approximately 4 gallons of gravel in the line. Council member Vitelli stated that he visited the McDonald home and found significant damage. The basement was fully furnished. They will have to replace 14,000 sf of carpet, and all of the millwork, sheetrock and door jams. Council member Vitelli stated he is also in favor of paying the McDonalds $30,000. Council member Dwyer stated that he is still opposed to paying anything over $10,000. He stated that this is an unwise move for the City and that they could be establishing a dangerous precedent. He added that he is happy for the McDonalds that they will be Ayes: 3 Nays: 2 (Dwyer, Krebsbach) Page 5 August 20 2002 receiving some relief, however he believes their relief should come through a court action with the City. The City has insurance to cover exactly this type of suit. Council member Krebsbach asked if the McDonalds would take a lesser amount. Mrs. McDonald stated that she feels $30,000 is reasonable and fair. They estimate that their cleanup and replacement of lost furniture will actually cost them $60,000. Council member Vitelli made a motion to approve a $30,000 reimbursement for the McDonalds for their sewer claim to be made upon the receipt of a signed release of all claims from the McDonalds. Council member Schneeman seconded the motion. Mrs. Janet Rusterholtz, 675 Brookside Lane, addressed the Council. She stated that since the last meeting, she received a lower bid for $3,000. Her prior bid was $3,655.13. PARK AND REC FUNDING REQUEST Parks Project Manager Guy Kullander addressed the Council. He stated that in 2000, the Council directed that revenues from the cell towers be transferred into the Special Parks Fund for 2000, 2001 and 2002 (approximately $60,000 per year). The Park Commission established their five-year Capital Improvement Plan with these Council member Vitelli made a motion to approve the Rusterholtz claim for $3,000 to be reimbursed upon the receipt of a signed release of all claims from the Rusterholtzs. Council member Krebsbach seconded the motion. Council member Dwyer stated that he will be voting in favor of this reimbursement as it is below the $ 10,000 insurance amount. Ayes: 5 Nays: 0 Council member Dwyer made a motion to approve the Pate claim, 655 Callahan Place for $855.74, to be reimbursed upon the receipt of a signed release of all claims from the Pates. Council member Schneeman seconded the motion. Ayes: 5 Nays: 0 Council member Vitelli stated that he thinks the City should be setting aside $10,000 per year for these types of claims. He stated that he would bring the issue up during the budget meeting. PARK AND REC FUNDING REQUEST Parks Project Manager Guy Kullander addressed the Council. He stated that in 2000, the Council directed that revenues from the cell towers be transferred into the Special Parks Fund for 2000, 2001 and 2002 (approximately $60,000 per year). The Park Commission established their five-year Capital Improvement Plan with these Page 6 August 20 2002 estimated revenues. It recently came to their attention that if all of the projects currently proposed were approved by the City Council, the Special Park Fund would significantly drop below the $300,000 reserve balance established by the Commission. Following discussion of the Parks Five Year plan and before eliminating any of the projects, the Parks Commission is requesting that the City Council consider the establishment of a recurring funding source for the Special Park Fund to supplement the lack of dedication fees from new lot developments. Council member Vitelli stated that rather than identify more revenue now, he would like the Park Commission to spend what they have now and bring future projects to the Council for consideration. Mayor Mertensotto agreed stating that the requests should come on a need basis. The City should not merely seek funding for a wish list. He added that we don't know what funds might be available in the future. He would rather see what funds are available year to year. Council member Dwyer stated that the Council does not want to send the Parks Commission a negative message. They should keep up with their planning, visioning and prioritization of projects. Council member Schneeman stated that she would like to see the outdoor rinks re- evaluated. They get so little use during the winter months. She suggested that perhaps some of the rinks could be consolidated. Guy Kullander stated that he would take the Council comments back to the Park Commission. He asked what the Council wished to do about the Wentworth Park warming house. This is a project that was carried over from the 2001 project list. Significant work has not progressed on the project due to a lack of available staff time. In past discussions, the Council was divided in its support of the project. If the Council is not firmly supportive of the project at this time, staff will not make a special effort to design, bid and construct the project for this year. The $35,000 project could be reconsidered or rescheduled for a future year. Council member Schneeman suggested asking the Parks and Recreation Commission their feelings on the project. She added that she thinks the warming house is a safety hazard now. Council member Krebsbach stated that initial discussions arose regarding this warming house and its use in the summer because of its size and lack of windows. Page 7 August 20 2002 Mayor Mertensotto suggested that if we want to replace it, we should do the planning and put it on for construction for next year. Guy Kullander stated that he would also take these comments back to the Parks and Recreation Commission. Council member Dwyer stated that he was recently approached by Matt Englehart regarding the skateboard park issue. Guy stated that this project is scheduled for next year. The approach under consideration is to purchase portable ramps that would be placed on the paved hockey rink during the summer. They would be stored indoors during the winter months. Mayor Mertensotto suggested talking to the neighborhoods before proceeding. These skateboard parks can be extremely noisy. It was also suggested that the Parks Commission visit the Skateboard park, in Eagan to observe the noise. XCEL ENERGY Mayor Mertensotto stated that he had some concerns about the Xcel Energy agreement at the last meeting. He stated that the $110;357 is not a fixed cost. If the cost is higher, the City will be responsible for the payment. He also is concerned that we would have to grant them an easement for the lines. Public Works Director Jim Danielson stated that the lines would be buried adjacent to the frontage road on the south side of Highway 110. They would be removing the lines from the MnDOT right of way and putting them in the City right of way. Danielson stated they would have received a permit from MnDOT, not an easement, but he would verify that. He stated that he is still working with MnDOT to get a release. They cannot bury the lines until the new grades are established. Council member Dwyer asked why these concerns were not raised last week. Mayor Mertensotto stated that the motion that was made was for funding and burial of the lines only and made no mention of the execution of the contract. Council member Vitelli asked if the Mayor would sign the contract now, and the Mayor indicated that he would. Council member Krebsbach made a motion to authorize the Mayor to sign the Xcel Energy Underground Service Form and to direct staff to check with MnDOT on the need for a release of an Page 8 August 20 2002 easement and to receive permission to put the underground lines in the right of way. Council member Vitelli seconded the motion. Ayes: 5 Nays: 0 NOISE/MAINTENANCE ORDINANCES City Clerk Kathy Swanson explained that the City is currently in the process of recodifying the City ordinances. At the June 10' City Council meeting, Council acknowledged the proposed ordinance language addressing noise and property maintenance. Council directed staff to solicit feedback from the community and bring the items back to the City Council. Information about the proposed ordinances was published in the July Heights Highlites and also put on the website. The City received a number of comments from residents about both issues. Mayor Mertensotto suggested that staff put together the ordinances for the next meeting and the Council could treat it as a first reading. Council member Dwyer stated that he has lived in Mendota Heights for 15 years and has not had a problem with noise in his neighborhood. Council member Vitelli asked how many complaints the City actually receives. Council member Dwyer stated that the property maintenance ordinance is a different issue. There are little hot spots in the community that have become a problem. These areas would benefit from an ordinance like this. Mayor Mertensotto commented that the problem is that the City has no enforcement or follow through on Conditional User Permits and Building permits. People start projects and don't complete them. Council member Schneeman stated that she thinks the abatement language is very effective. Council member Vitelli suggested that the Council give staff some direction on the ordinances. He stated that he does not feel that the noise ordinance is warranted. Council member Dwyer agreed. RESCHEDULING SEPT. 3RD MEETING Page 9 August 20 2002 Council member Krebsbach requested an opinion from Police Chief Jeff Piotraschke on the noise ordinance. Mayor Mertensotto, suggested that staff should find out from other cities how successful their property maintenance ordinances have been and then report back to the City Council with that information. Mayor Mertensotto stated that since the September P City Council meeting is the day after Labor Day, the Council might want to consider moving the meeting. Administrator Lindberg stated that NDCTV is available on either night to broadcast the meeting. Council member Vitelli stated that he thinks the meeting should stay on its regular night. Council member Krebsbach stated that people may want that evening to get their kids ready for the first day of school. Council member Krebsbach made a motion to move the September 3`d City Council meeting to Wednesday September 4"'. Council member Schneeman seconded the motion. Ayes: 3 (Mertensotto, Schneeman, Krebsbach) Nays: 2 (Vitelli, Dwyer) COUNCIL COMMENTS Council member Vitelli had no comments. Council member Krebsbach had no comments. Council member Dwyer stated that they took their son to Omaha for college over the weekend. Council member Schneeman stated that she attended the PGA Championship this past week. Mayor Mertensotto stated that he had been asked about the City's Town Center budget. He stated that the Council has never adopted anything officially but he understands staff has put one together. He requested a copy of the budget. Mayor Mertensotto asked staff why they put the budget levy resolution in the last packet. Administrator Lindberg and City Treasurer Shaughnessy explained that the budget levy resolution will be on the next City Council meeting for approval. It was provided to Council ahead of time in case there are any questions. Page 10 August 20 2002 Council member Schneeman asked about the information that was provided on the City's website in the last packet. Administrator Lindberg stated that we have had a high number of hits and visits to the site since its construction. July had an especially high number as the website was advertised in the July Heights Highlites. ADJOURN There being no ffirther business to come before Council, Council member Vitelli moved that the meeting be adjourned. Council member Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:30 PM Ka?hleen M. Swan-son City Clerk ATTEST: Charles E. Mertensotto Mayor