2002-02-05 City Council minutesPage No. 1
February 5, 2002
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, February 5, 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: Acting Mayor Dwyer, Councihnembers Krebsbach,
Schneeman and Vitelli. Mayor Mertensotto had notified Council that he would be out of town.
AGENDA ADOPTION Councilmember Vitelli moved adoption of the revised agenda for the
meeting.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the amended minutes
of the regular meeting held on January 15, 2002.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for
the meeting, revised to move items 5f, franchise agreement, 5g,
tactical squad rifles, and 51, Centre Pointe sign permit, to the regular
agenda, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the unreviewed/unapproved minutes of the
January 22 and January 24, 2002 Planning Commission meeting.
b. Acknowledgment of the unreviewed/unapproved minutes of the
January 9, 2002 Airport Relations Commission meeting..
c. Acknowledgment of the Building Activity Report for January.
d. Acknowledgment of a $1,000 donation from Mr. Clifford Timm
for improvements or amenities at Rogers Lake Park.
e. Acknowledgment of a memo from Treasurer Shaughnessy
regarding state budget problems.
Page No. 2
February 5, 2002
f. Authorization for the issuance of a building permit for AT &T
Wireless Services for antenna modifications at 1168 Northland
Drive, contingent upon verification of compliance with all
applicable codes.
g. Approval of the probationary appointment of Kristen Schabacker
as Finance Officer effective on March 1, 2002.
h. Acknowledgment of the successful completion of a one -year
probationary periods and approval of the appointments of Jeff
Von Feldt and Chad Willson to regular, full -time status as police
officers at the second year pay rate of the 2002 police contract.
i. Approval of the appointment of Missie Hickey to a three year
term on the Parks and Recreation Commission.
j. Approval of the list of contractor licenses dated February 5,
2001.
totaling $487,895.29.
I. Approval to support the City of Lilydale's efforts to reduce the I-
35E ten month ramp closure and direction to submit a lett4er of
support to the City of Lilydale.
Ayes: 4 Councilmember Schneeman seconded the motion.
Nays: 0
UTILITY AGREEMENT Council acknowledged a memo from Public Works Director
Danielson regarding a proposed franchise agreement form for
utilities currently operating in the city without franchise agreements
with the city.
Responding to questions from Councilmember Schneeman, City
Attorney Schleck stated that the agreements will remain in effect
after expiration until 90 day notice is given by the city to the
company of its intention to allow the franchise to expire. It can
continue for more than one year after termination notice. He
recommended that the agreement term be for five to ten years so
minimize the administrative burden on the city.
Administrator Lindberg stated that the issue is being discussed
because of the ordinance that was adopted in May, 2001 that
Page No. 3
February 5, 2002
stipulates that utilities cannot extend their facilities in the city unless
f they have a current franchise agreement with the city. Many of the
utilities do not have current franchise agreements.
Councilmember Krebsbach pointed out that St. Paul Water has a
contract with the city. She stated that she sees the agreement form as
a form that can be used for all utility vendors.
Attorney Schleck stated that the general form of the agreement was
developed by the League of Minnesota Cities. The intent was to
make it as general as possible.
Acting Mayor Dwyer stated that sending the form to the utility
companies will establish a dialogue with them.
Attorney Schleck agreed, stating that the two things that are most
important are the term of the agreement and the franchise fee. Those
items would be negotiated with each of the utilities.
Councilmember Schneeman moved to approve the utility franchise
agreement form along with authorization for distribution of the
agreement to all appropriate utilities.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
EQUIPMENT PURCHASE Council acknowledged a memo from Police Chief Piotraschke
regarding the purchase of two semi - automatic tactical squad rifles.
Responding to a question from Councilmember Krebsbach, Chief
Piotraschke stated that the recommendation to purchase the rifles is
not in response to anything that happened nationally, regionally or
locally on September 11. The department has been considering the
equipment for a number of years but there were budget constraints.
He had originally asked for five of the rifles in his 2002 budget
request. He cut the request back to two units for this year for
budgeting reasons and hopes to budget two more next year. The
rifles would not be taken out on every situation, but on rare
occasions it is important to have this type of weapon available to the
officers. Some agencies have gone to automatic weapons, but he did
not want to acquire weapons that have the potential of spraying
bullets around. He stated that he is cognizant of the fact that
different ammunition and additional officer training will be needed
and has budgeted funds for those purposes.
Page No. 4
February 5, 2002
Councilmember Vitelli moved to authorize the Police Department to
purchase two Colt M -4 Carbines, two AR -15 squad mounting racks
and two CAR -15 tactical lights from Streicher's, Inc., for a total cost
of $2,810.00.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
SIGN PERMIT Council acknowledged a memo from Code Enforcement Officer
Berg regarding a request from Lawrence Sign Company for a permit
for a 5.8 square foot illuminated sign for SuperAmerica to be located
on the sign band at 2060 Centre Pointe Boulevard, Suite #1.
Councilmember Krebsbach stated that one of the things Council tries
to do is keep uniform back -lit signage. This sign will be red, white
and blue. She asked if there are any similar signs in Centre Pointe.
She stated that she will vote against the request because she would
like the signage to be kept uniform. This sign would change the
atmosphere in the business park.
Acting Mayor Dwyer suggested tabling the matter and directing staff
to determine whether there are any other similarly colored signs in
Centre Pointe. If everyone else has subdued signs, Council may not
wish to approve the request.
Councilmember Schneeman moved to table discussion to February
19 and direct staff to review the existing Centre Pointe signage.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PUBLIC COMMENTS Mr. Chuck Elliott, 543 John Street, was present to express his anger
that the city has allowed his neighbor, Tom Koepke, to violate city
ordinances by operating a veterinary clinic out of his home and in his
motor home. He stated that his neighbor is on 25 years of probation
for being a sex offender and drives around the schools every day
with stuffed animals on his dashboard. The city attorney told him
that Dr. Koepke would be leaving but he has not. He is violating the
ordinances by parking his motor home in the driveway and doing
business in the neighborhood. Mr. Elliott stated that he came to the
Council several weeks ago and has been talking with Administrator
Lindberg about the lack of progress by the city on the matter. He
asked why it takes so long to get his neighbor to follow the codes —
the activity has been going on since 1998.
Page No. 5
February 5, 2002
Acting Mayor Dwyer responded that he recalls Mr. Elliott's
(' appearance before Council. At that time Council requested that staff
report back to Council in two weeks, but Mr. Elliott did not attend
that Council meeting. Council received a very quick report from the
Chief of Police and City Administrator but did not go through the
details in public because it is an on -going investigation and it
continues to be investigated. He stated that justice moves slowly.
Mr. Elliott has made some serious allegations and the city is looking
into them. Council cannot that assume everything Mr. Elliott is
saying is the truth any more than Council can assume that everything
Dr. Koepke tells them is true.
Mr. Elliott responded that he is really angry. His neighborhood has
been a business neighborhood since 1998. Dr. Koepke with his big
vehicle every day and is working in it until 2:00 to 3:00 a.m. every
morning. A residential neighborhood is not a place to do surgeries
on animals. The vehicle is a hospital and it should not be run in a
neighborhood.
Administrator Lindberg informed Council that she spoke to Mr.
Elliott yesterday. There is an on -going investigation and the code
enforcement officer is in contact with Dr. Koepke about the code
violations. Due to the on -going nature of the investigation, that is all
she can say at this time.
HOCKEY ARENA Council acknowledged a memo from Administrator Lindberg
regarding a letter received from Mr. Matt Kraft, Athletic Director for
Henry Sibley High School. Mr. Kraft was present for the discussion.
Mr. Kraft stated that he knows that Council has made a decision to
go ahead with the arena study for the St. Thomas site and he respects
that decision. The feeling he got from Council last time was that he
needed to do some homework before coming with any ideas for
Council to consider. He stated that he did some investigating and
found that a similar structure was proposed in 1997 by the school
district officers to Council.
Acting Mayor Dwyer responded that the study was presented by a
school board member who was not presenting a proposal with the
blessing of the school board.
Mr. Kraft submitted a booklet that was presented in 1997. He stated
that his perspective is that if a structure of this nature were to be built
on public property it would probably give more opportunity to
residents of Mendota Heights than such a structure at St. Thomas
Page No. 6
February 5, 2002
would give. One reason why arenas go in the red is that in the spring
and sLmlmer not many groups want to use a lot of ice time. CoLincil
may want to look at a facility that can be adapted from ice to soccer,
golf, etc., during those months.
Councilmember Krebsbach asked Mr. Kraft if he represents School
District 197 in this presentation.
Mr. Kraft responded that as an employee of the school district he
does represent the district.
Councilmember Krebsbach asked what the status is of Mr. Kraft
presenting the document to Council. The study was done in 1997,
and she asked if it is an active proposal by the district or a reminder
there was such a proposal. She also asked if the school district is
again proposing it.
Mr. Kraft stated that it is a reminder. At this time there is no official
action by the school board. It is an opportunity to broaden the
horizon.
Councilmember Schneeman commented that the 1997 proposal
called for a community center, and one was just built in West St.
Paul.
Mr. Kraft stated that he came to Council because he felt this is a
though to put forward before the ice arena study is started.
Acting Mayor Dwyer asked where the facility was proposed to be
located when the proposal was made to the city in 1997. He asked if
the location is where the small football field is now located.
Mr. Kraft responded that there is a large area of unused land along
the back parking lot, looking east from Delaware. He stated that the
proposal is not a specific plan that went forward.
Councilmember Krebsbach asked if there is a letter from the MHAA
about taking out a ballfield.
Mr. Kraft responded that with this proposal, no field would be taken
out.
Councilmember Vitelli stated that he feels Council should thank Mr.
Kraft for reminding Council of the proposal rather than discussing a
proposal that is five years old. Council should suggest Mr. Kraft go
Page No. 7
February 5, 2002
back to the Board and if they have a formal proposal Council could
consider it.
Acting Mayor Dwyer stated that if the school district is interest in
pursuing the matter, it is in their hands to do so. The 1997 document
can be sent to the consultant who is preparing the city's study to see
if he can use any of the information it contains.
Councihmember Schneeman stated that whatever is built, if anything,
it will benefit the entire community whether it is at St. Thomas
Academy or Henry Sibley. That was the intent of Council.
VALLEY PARK BRIDGE Council acknowledged a memo from Parks Project Manager
Kullander regarding cost overruns for the Valley Park bridge project.
Public Works Director Danielson gave Council a history of the
proj ect.
Acting Mayor Dwyer stated that Council authorized the project and
the original staff estimate was that it would cost $43,000. Through
some unforeseen developments, the project is still not done but when
it is done it will cost about $75,000. The question is not if the
project is going to be finished, but rather where the money to pay for
the overruns will come from.
Public Works Director Danielson informed Council that there four
items to be paid for on this project: the bridge, which came in at the
estimated cost; Veidt Construction, who prepared the site and built
the abutments, and put the bridge in place. That came in above cost
and staff received Council approval for that. What was not
anticipated was the engineering cost. The bridge came very late and
was vandalized. Construction was very difficult and the engineering
staff had to work very closely with the contractor through
construction time. Engineering time is the entire overrun cost.
Treasurer Shaughnessy has recommended that a portion of that
unfunded cost be charged against the 2001 Park Department budget
and that the remainder be charged against the 2002 Park Department
budget as being the most practical approach.
Councilmember Schneeman asked if the bridge will take care of the
washout problems.
Public Works Director Danielson responded that this is the last
crossing in Valley Park. All of the other areas where the stream
crosses have bridges. The bridges work upstream and will work here
to handle the flow.
Page No. 8
February 5, 2002
Councilmember Vitelli moved to authorize that $16,976.34 of the C
unfunded project balance be charged against the 2001 Park
Department budget and that the remaining $6,000 be charged against
the 2002 park budget.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0
ANNEX CLEANERS Council acknowledged a memo from Administrator Lindberg
regarding continued discussion on a request from Annex Cleaners
for additional fielding for relocation expenses. Council also
acknowledged letters from Steve Carlson, Evergreen Land Services,
and Eleasalo Ale, Faegre & Benson, and documentation on
relocation/reestablishment expenses. Mr. Carlson and Ms. Elizabeth
Rechinger were present for the discussion.
Acting Mayor Dwyer reviewed the request and recommendation. He
stated that Annex has moved to the Diamond Jim's mall in Lilydale
and have incurred costs for the move. They originally elected to take
a lump of $20,000 from the city. That addressed both relocation and
reestablishment benefits. The Dzik family are saying that it cost an
additional $7,000, and Steve Carlson, the city's consultant, is
recommending that Council agree. He asked Mr. Carlson why he
feels Council should authorize another $7,000.
Mr. Carlson responded that relocation expenses have a cap of
$20,000. The Dziks looked for a relocation site for Annex in
Mendota Heights but could not find one. They found the location in
Diamond Jim's that had been a gun shop. The rent is similar to what
they have been paying but because of that, the building really needed
a lot of work. The lease is for three years. The Dziks have been very
cooperative. The first bid they received for the construction portion
of the project was $30,000.
Councilmember Vitelli stated that he supports approving the
payment. The city dislocated a business, and he feels responsible
that the city be fair with them and pay reasonable costs. It is clear
through the documentation that was submitted with the memo that
the work is nicely done but not extravagant. He felt the cost is
reasonable. The Dziks did a lot of the work themselves to keep the
costs down.
Councilmember Krebsbach noted that the original request from the
Dziks (according to Mr. Carlson's letter), was $26,940.27 but the
Page No. 9
February 5, 2002
request this evening is for $26,927.32. She asked why there is a
difference.
Mr. Carlson responded that the original total request was for
$26,940.27 but they did not know what the actual figures were until
recently. The original $20,000 authorized by the city was the fixed
payment under the law but one cannot find out what the actual
expenses are until costs are invoiced. One of the bids was for
$30,000.
Councilmember Vitelli stated that $20,000 is just federal regulation.
The Dziks could have taken $20,000 without ally documentation —
there were no bids or documentation justifying the $20,000. Mr.
Carlson has accumulated the actual costs and they came to
$26,927.32.
Acting Mayor Dwyer stated that the Dziks tools the $20,000 that
Council offered and now have seen the actual expenses. If the actual
cost was $14,000, would they have given $6,000 back to the city? It
was a gamble on their part that $20,000 would cover the costs. It is
unlikely that the $6,000 would have been given back to the city. He
stated that he is not in favor of paying the additional $7,000. The
statute says the Dziks are entitled to $10,000 in relocation and
$10,000 in reestablishment, and he thinks the city has been generous.
Councilmember Krebsbach asked when the Dziks agreed to the
$20,000. She asked if they at one time requested the $26,000 and
take the $20,000 because it was easier.
Mr. Carlson responded that the cost was always going to be more
than $20,000. The Dziks are not claiming all the expenses. They did
the painting, ph9one system, etc. He stated that he feels the request
is reasonable too get the business up and running again, which is the
intent of the law.
Councilmember Vitelli stated that the Dziks run a nice business.
The city forced them to relocate and, luckily, they found a place
where they can keep most of their customers. They have come
forward with a detailed list of costs for relocating and have put a lot
of their own labor into it to keep the costs down. He felt the city
should pay them for the cost they actually incurred because the city
forced the relocation.
Councilmember Schneeman asked Mr. Carlson about his discussion
with the MnDOT relocation manager who informed Mr. Carlson
Ayes: 3
Nays: 1 Dwyer
Page No. 10
February 5, 2002
about new legislation allowing cities to give a business re-
establishment of up to $50,000.
Mr. Carlson responded that the legislation was passed last year.
Wisconsin has a mandatory $50,000 relocation. Minnesota's
mandatory relocation is $10,000 but allows cities to go up to
$50,000. There is documentation to support that this project cost the
family financially as well. The Annex business dropped by 20%
after Tom Thumb closed.
Ms. Rechinger informed Council that the business opened in
Lilydale last Friday and about 95% of the customers are following
them and they are all very happy with the new store. She stated that
the extra amount of money requested was all put back into the
business. The family used its own money for phones, parking signs,
etc. Their first desire was to stay in Mendota Heights. Since Tom
Thumb closed in March, the Annex business dropped by 20%
because there was no traffic at the location any more, and she hopes
that business picks back up again.
Councilmember Vitelli moved to authorize the additional $6,927.34
for reestablishment expenses for Annex Cleaners as delineated in the
memo from Steve Carlson.
Councilmember Schneeman seconded the motion. �.
Acting Mayor Dwyer stated that he could agree to some additional
money but not as much as was requested.
TOWN CENTER WORKSHOP Council acknowledged a memo from Administrator Lindberg
recommending that Council schedule a Town Center Workshop for
7:00 p.m. on Thursday, February 28.
Councilmember Krebsbach stated that she has a scheduling conflict
on February 28 and asked if the workshop can be held on February
27.
It was the consensus that the workshop be conducted at 7:00 p.m. on
Wednesday, February 27 if Mr. Eriksson is available.
DELAWARE /110 Council acknowledged a memo from Administrator Lindberg
INTERSECTION regarding the Delaware /T.H. 110 intersection along with
communications from Mn /DOT and Dakota County received in 2001
regarding the intersection.
Page No. 11
February 5, 2002
Acting Mayor Dwyer stated that this item is on the agenda because
there was a fatal accident at the intersection recently.
Police Chief Piotraschke stated that the State Patrol is investigating
the accident and he cannot give details on the accident because it is
an on -going investigation, but it was not a fatal accident. The
vehicles involved were a school bus and a sport utility vehicle. The
bus was going north on Delaware and the SLTV was going west on
T.H. 110. Based on what he knows and has seen, the crash does not
fit the profile for past crashes at the intersection.
Acting Mayor Dwyer stated that there was a very serious accident at
the intersection in October, 1999 and the city requested that the state
and county look into improving the intersection. They expressed
interest in doing so but the price came in close to $300,000 and they
said they were not sure it warrants that type of expenditure. The city
was told to contact them again if conditions change. This is not the
same type of maneuvering that caused the 1999 accident, but it is the
same intersection.
Chief Piotraschke stated that everyone who uses that intersection
would agree that the situation is still the same. It is a difficult
intersection to negotiate.
Acting Mayor Dwyer stated that he has two children who pass
through that intersection every morning on their way to school, so
safety at the intersection hits home. Part of the problem is that
people do not know the proper way to make the turn. Perhaps there
should be a diagram at the intersection.
Chief Piotraschke responded that the police department has
discussed the intersection a lot and has concluded that strictly
enforcing maneuvering would be hazardous. If people actually
followed state law, it would not be such a problem. People who
travel it regularly get the hang of the intersection, but those who do
not have a problem. The department is constantly looking into what
it can do to improve the intersection.
Councilmember Krebsbach stated that the Lexington Avenue
intersection used to be dangerous until the upgrade in lighting, etc.
She asked if the semaphores are overhead at Delaware.
Chief Piotraschke responded they are both overhead and at the
corners. There is no vision obstruction.
Page No. 12
February 5, 2002
Councilmember Krebsbach suggested contacting the county and state
again to tell them there was another serious accident at the
intersection and that plans for Town Center will affect that
intersection. She stated that she would like to make sure that
whatever signage there could be at the intersection indicates to
people that this is a major intersection. $300,000 to upgrade the
intersection is a lot of money, but a serious accident could cost far
more in medical expenses.
Staff was directed to inform the county and state about the accident
and Council's continued concern over safety at the intersection.
AIR NOISE VIDEO Council acknowledged a memo regarding the airport noise
informational video. Airport Relations Commission Chair Scott
Beatty and members of the commission were present.
Chair Beatty expressed his appreciation to Council for its support for
preparation of the video. He stated that the commission wanted to
provide an informational vehicle that would answer a lot of the
questions that come to the commission from residents. He expressed
appreciation to Administrator Lindberg and Assistant Hollister for
their help on the project, and to the MAC staff who provided quite a
bit of expertise, to the NDC -TV staff, Lisa Bartels Rabb for the
editing she did at reduced cost, Dave Sebastian who gave a half -day
writing workshop to the commission pro bono, to Dave Nimmer for
volunteering his time to narrate the video, to the members of the
Airport Relations Commission, Jill Smith for her help in the initial
stages and to Cardinal Corner for the bird footage.
Administrator Lindberg stated that NDC4 plans to run the video after
each of the City Council meeting replays.
Chair Beatty then played the video for Council and the audience.
Acting Mayor Dwyer thanked everyone who participated in the
proj ect.
COUNCIL COMMENTS Councilmember Krebsbach congratulated the Friendly Hills Middle
School logo team for winning a logo competition and asked that they
be invited to attend the next Council meeting for a recognition.
Acting Mayor Dwyer informed Council that Councilmember
Krebsbach recently made a presentation on safety zones to the
Airports Zoning Board, which he and Councilmember Krebsbach are
members of.
Page No. 13
February 5, 2002
Councilmember Krebsbach stated that the safety zones would impact
the commercial area of the city. The height restriction would not
impact the Garron site - there could be four story buildings on that
site.
ADJOURN TO CLOSED Council adjourned to closed session for discussion on the
SESSION Tom Thumb purchase agreement and environmental findings. City
Attorney Schleck, consultant Steve Eriksson and Jim Strohm, from
ProTec, were present for the session.
The meeting was adjourned to closed session at 9:15 p.m.
Council member Vitelli moved to proceed with the closing on the
Tom Thumb parcel.
Councilmember Schneeman seconded the motion.
Ayes: 4
Nays: 0 (Mayor Mertensotto absent)
ADJOURN Acting Mayor Dwyer moved to adjourn.
Councilmember Vitelli seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 9:45 p.m.
Kathleen M. Swanson
City Clerk
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