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2002-04-02 City Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 2 2002 Page No. 1 April 2, 2002 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. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the minutes of the regular meeting held on March 19, 2002. Councilmember Schneeman seconded the motion. Ayes: 3 Nays:0 Abstain: Dwyer, Krebsbach CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move item 5g, Pro Tech proposal, and 51, DNR Agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the unofficial minutes of the March 12, 2002 Parks and Recreation Commission meeting. b. Acknowledgment of the unapproved minutes of the March 13, 2002 Airport Relations Commission meeting. c. Acknowledgment of the unreviewed /unapproved minutes of the March 26, 2002 Planning Commission meeting. d. Acknowledgment of the building activity report for March, 2002. e. Authorization for city participation in co- sponsoring the annual Fourth of July fireworks with Mendakota Country Club. Page No. 2 April 2, 2002 f. Authorization for the City Administrator to send a letter to the U.S. Fish and Wildlife Service in support of a proposed rule j change which would give the state more control over managing the Canadian goose population. g. Approval to hire Peter Daniels as a temporary career development Engineering Aide for the duration of the 2002 summer construction season at the compensation rate of $12.00 per hour. h. Authorization for the issuance of a sign pen-nit to Lawrence Sign Company for a modification to the existing ATM Machine sign at the SuperAmerica facility at 1080 Highway 110. Adoption of Resolution No. 02 -14, "A RESOLUTION APPROVING A SUBDIVISION AND LOT RECOMBINATION FOR TERRY RUSSEL OF 716 MAPLE PARK DRIVE." j. Approval of the list of contractor licenses dated April 2, 2002. k. Approval of the List of Claims dated April 2, 2002 and totaling $101,394.93. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 PRO TECH PROPOSAL Council acknowledged a memo from Administrator Lindberg regarding a proposal from Pro Tee for Phase II environmental investigation on the city owned Town Center parcel. Councilmember Dwyer stated that the proposal is that the city enter into a contract for Phase II analysis of the parcel at a cost of $8,442.00. He was concerned that the contract contains boiler plate language and Council should look closely at the limits of liability, Section 10.1. Pro Tech is asking Council to agree that if they make a mistake that costs millions, all Pro Tech would be responsible for is $8,400. That language takes advantage of the city if Council does not negotiate. He felt that the language should be renegotiated to state that the liability is limited to Pro Tech's liability insurance coverage limit. He pointed out that there are many other environmental companies that would do the work without the limitation on liability. Page No. 3 April 2, 2002 Administrator Lindberg asked for approval of the proposal with a stipulation regarding liability so that the project is not held up. Councilmember Dwyer moved to approve the proposal and authorize its execution by Mayor Mertensotto subject to deletion of Section 10.1 and a separate statement attached to the agreement that states how much liability insurance Pro Tech carries and that Pro Tech will limit the liability to the extent of its coverage. DNR GRANT AGREEMENT Council aclazowledged a memo from Parks Project Manager Guy Kullander regarding adoption of a proposed resolution that is required as part of the DNR Outdoor Grant Application process. Mr. Kullander explained that the DNR is asking the city to agree that the city will keep the Wentworth Park and Hagstrom -King Park as park land forever and that the city will meet its obligation for one - half of the funding cost for playground equipment if the DNR grant is awarded to the city. Councilmember Krebsbach moved adoption of Resolution No. 02- 15, "A RESOLUTION APPROVING AN AGREEMENT MADE AND ENTERED INTO WITH THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AN OUTDOOR RECREATION GRANT PROGRAM." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TOM THUMB DEMOLITION Council acknowledged a memo from Engineering Technician Guy Kullander regarding bids received for the demolition and clean -up of 1944 -1948 Dodd Road (Tom Thumb). Mr. Kullander informed Council that the bids came in at about one - half of what was estimated a year ago. Mayor Mertensotto stated that Carl Bolander & Sons, not the low bidder, did an excellent job of cleaning up the Oasis site. Mr. Kullander responded that he contacted another firm that has used the low bidder and got a favorable reference. The contractor must meet the contract requirements, and staff will keep a close watch on the project. Councilmember Dwyer moved to award the contract for removal of asbestos - containing materials, hazardous materials, and building Page No. 4 April 2, 2002 demolition of the building located at 1944 -48 Dodd Road to Minnesota Petroleum Services for its low bid of $22,880.00. Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 CASE NO. 02 -09, Council acknowledged an application from Mr. Thomas McELLISTREM McEllistrem for a twenty foot variance from the average front yard setback to allow an addition to his home at 1007 William Court. Mr. McEllistrem was present for the discussion. Mayor Mertensotto noted that there is a varying setback along William Court and asked what the closest setback is. He also asked whether Mr. McEllistrem's home would still be behind some of the homes if the variance is approved. Mr. McEllistrem responded that some of the homes are as close as fifty to sixty feet to the street. His home is 105 feet back from the street and will still be behind some of the other homes. Also, there is quite a bit of distance between the homes. He has contacted all of his neighbors and they approve of his plans and are very supportive of his variance request. Councilmember Vitelli stated that because of the freeway and the existing setback being 100 feet, the request makes sense. Councilmember Dwyer stated that he is familiar with the area and is delighted that Mr. McEllistrem. is planning improvements to his home. Mayor Mertensotto stated that Mr. McEllistrem has received the consent of his neighbors but Council is concerned about projects being completed. He stated that Council often receives complaints about projects not being completed in a timely manner and encouraged Mr. McEllistrem to complete the project as quickly as possible. Mr. McEllistrem responded that he has retained a contractor to do the work. Councilmember Vitelli moved adoption of Resolution No. 02 -16, "A RESOLUTION APPROVING A 20 FOOT FRONT YARD SETBACK VARIANCE FOR A HOME ADDITION AT 1007 WILLIAM COURT." Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Page No. 5 April 2, 2002 CASE NO. 02 -10, ROSEVILLE Council acknowledged an application from Roseville PROPERTIES Properties for subdivision and a 55 foot lot width variance to allow the creation of three lots from two undeveloped lots in the southwest corner of the Centre Pointe development. Mr. Hugh Cullen was present for the discussion. Mayor Mertensotto noted that the Planning Commission recommended approval of the request to divide two existing lots into three lots but there is disagreement over the amount of the park contribution. Mr. Cullen stated that the $40,000 park dedication was calculated on the entire parcel and he felt it would be fair to pay only the fee for the third parcel. He stated that he already has two existing lots and would not have to pay a park dedication to develop those lots. Mayor Mertensotto asked Mr. Cullen if he would agree to 50% of the park contribution. Mr. Cullen responded that the $40,000 was based on the entire ten acres, and that he would agree to paying $20,000 as the park, contribution. He informed Council that this is the last phase of the Centre Pointe Business Park. Councilmember Schneeman moved adoption of Resolution No. 02- 17, "A RESOLUTION APPROVING A SUBDIVISION AND 55- FOOT LOT WIDTH VARIANCE TO CREATE THREE LOTS FROM TWO FOR ROSEVILLE PROPERTIES' CENTRE POINTE BUSINESS PARK," subject to the applicant agreeing to a park contribution fee of $20,000. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 MHAA RELOCATION Council acknowledged a memo from Administrator Lindberg regarding a request from the Mendota Heights Athletic Association for a fixed relocation payment of $20,000 to help cover the costs to relocate from 1948 Dodd Road (Tom Thumb property). Administrator Lindberg infonned Council that MHAA would also like to place a temporary sign over the existing sign at 1948 Dodd Road to notify people that hey have moved. The sign would only be at the site until the city demolishes the Tom Thumb building. She stated that she is working with the Fire Department to get them in and out of the facility quickly. The department had originally scheduled training activities in the building for May 20. Page No. 6 April 2, 2002 Councilmember Dwyer stated that he has no objection to the $20,000 fixed payment to MHAA because of the service they provide to the community. Mayor Mertensotto stated that the building needs to be demolished as soon as possible to minimize city liability potential. Engineering Technician Kullander informed Council that MHAA began moving out of the building last weekend. The fire department wants to train during May and turn the building over to the demolition company on May 20. He informed Council that he has explained to the fire department that the demolition must start soon, and he does not think the department can be given ten days for training. Demolition cannot occur for ten days after the Pollution Control Agency is notified, and no one can enter the building until the asbestos has been removed. Councilmember Dwyer stated that he feels the fire department can appreciate Council's position. They want to practice and this is their only opportunity, but they will have to accelerate their training. Mayor Mertensotto felt that Council should set a goal to be out of the building the end of April. Mr. Kullander stated that removal of the sign could be part of the demolition if Council wishes. Councilmember Vitelli agreed that Council should set a goal to start demolition by the end of the month. He also stated that he has no problem with the lump sum payment to MHAA. While it is possibly more than they will pay to relocate, the organization provides a service to the community. Councilmember Vitelli moved to authorize a $20,000 fixed relocation payment to the Mendota Heights Athletic Association, to authorize a temporary sign permit as requested, and to direct a target of the end of the month of April for removal of the Tom Thumb building. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 XCEL ENERGY Mayor Mertensotto informed Council that the city was served with a writ of mandamus by Xcel Energy today and cannot make the April 15 response date. (, Page No. 7 April 2, 2002 Councilmember Dwyer stated that there is some question of whether the notice was delivered properly since it was not served on the Mayor or City Clerk. Administrator Lindberg stated that she contacted the League of Minnesota Cities today and Jardine and Logan will represent the city. COUNCIL COMMENTS Mayor Mertensotto stated that he contacted Senator Metzen about last year about transmission lines and is concerned that the city was not notified that there is legislation currently under discussion that could remove the city's ability to get involved. Administrator Lindberg was directed to check into the matter. Councilmember Vitelli complimented the Public Works crew on the two removals a week ago and yesterday. The city did not receive a single complaint from residents, and the entire department deserves to be complimented. Councilmember Schneeman announced that the annual city -wide spring clean up will be held on Saturday, May 4. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned. Councilmember Vitelli seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 8:14 p.m. Kathleen M. Swanson City Clerk ATTEST: lv..�;ee . A" Charles E. Mertensotto Mayor