2001-12-18 City Council minutesPage No. 1
December 18, 2001
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 18, 2001
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, Sclnleeman and Vitelli.
AGENDA ADOPTION Councilmember Dwyer moved adoption of the agenda for the
meeting, revised to delete the Town Center discussion because the
consultant is unable to attend due to illness, and further revised to
add discussion on scheduling a Council workshop.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Schneeman moved approval of the amended
minutes of the regular meeting held on December 4, 2001.
Councilrnember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councihnember Vitelli moved approval of the consent calendar for
the meeting, revised to move items 5i, park bench policy, and 5j,
pay classificatiol schedule to the regular. agenda, along with
authorization for execution of any necessary documents contained
therein.
a. Acknowledgment of the minutes of the December 11, 2001
Parks and Recreation Commission meeting.
b. Acknowledgment of the Treasurer's monthly report for
December.
c. Acknowledgment of the Fire Department monthly report for
December.
d. Acceptance of Jay Liberacki's resignation from the Parks and
Recreation Commission with regret.
Ayes: 5
Nays: 0
PARK BENCH POLICY
Page No. 2
December 18, 2001
e. Approval of the appointment of Jennifer Hurst as a probationary
police officer, effective December 19, 2001.
f. Approval of the probationary appointment of Teresa Gangelhoff
as part-time recreation programmer, effective December 26,
2001.
g. Approval of CAO application No. 01 -41, and authorization for
staff to issue the necessary building permits for a new home at
1217 Victoria Curve, contingent upon compliance with all
applicable codes.
h. Authorization for the purchase of personal alert devices and
quick fill systems for the Fire Department from Danko
emergency Equipment for its low quote of $18,720, funding to be
from the 2000 reserve, the fire department 2001 capitol outlay
budget and from 2001 unspent funds for Fire Marshal service.
i. Adoption of Resolution No. 01 -79, "A RESOLUTION
APPROVING THE APPLICATION OF THE CITY OF
MENDOTA HEIGHTS TOR FISCAL YEAR 2002 DAKOTA
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING."
•
j. Approval of the list of contractor licenses dated December 18,
2001.
k. Approval of the List of Claims dated December 18, 2001 and
totaling $507,686.88
Councilmember Dwyer seconded the motion.
Council acknowledged a copy of the park bench donation program
policy, prepared by the Parks and Recreation Commission, along
with an associated memo from Parks Project Manager Guy
Kullander.
Mayor Mertensotto noted that the staff memos and the program
policy differ in terms of the bench price. The November 29 memo
indicates that the cost will be about $1,000 each versus $750 in the
policy.. He stated that he does not want to leave the policy open and
that the minimum deposit should be subject to change on an annual
basis to reflect the cost of the benches.
1
Page No. 3
December 18, 2001
Councihnember Schneeman invited anyone who views the meeting
on cable television and is interested in donating a park bench to
memorialize a family member or friend, to contact City Hall. She
stated that she knows of four people who would like to make
donations now.
Responding to a question from Councihnmember Dwyer, Mr.
Kullander stated that when someone wishes to donate a bench, the
Parks Commission will try to locate it as close to the individual's
preferred location as possible. He informed Co-ancil that staff will
install the benches on concrete slabs, which is why the price is higher
than the $750 in the policy. If the benches are on slabs, maintenance
and mowing around theirs will be easier.
Mayor Mertensotto recommended that Item 1. in the policy be
revised to state a minimum donation of $750 per bench would be
required, subject to annual review and adjustment.
Mr. Kullander informed Council that the donation program will be
advertised in the city newsletter and in the local press.
Councihnmember Schneeman moved to adopt the Park Bench
Donation Program policy as amended with respect to Item 1.
Councihnmember Vitelli seconded, the motion.
Ayes: 5
Nays: 0
PAY CLASSIFICATION/ Council acknowledged a memo and proposed resolutions from the
SALARY SCHEDULE City Clerk regarding 2002 salary adjustments for non -union
personnel.
Mayor Mertensotto stated that he asked that the item be moved to the
regular agenda because he voted against the budget at the budget
hearing because he objected to increasing the salary matrix by an
across the board 3.75 %. He stated that he wants to be sure that his
votes on the issue are consistent.
Councihnember Vitelli moved adoption of Resolution No. 01-80,"A
RESOLUTION AMENDING PAY CLASSIFICATION
SCHEDULE FOR NON - ORGANIZED EMPLOYEES TO
REFLECT A 3.75 PERCENT ANNUAL ADJUSTMENT FOR
2002," and Resolution No. 01 -81, "A RESOLUTION ADOPTING A
SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES
FOR 2002 AND ESTABLISHING CERTAIN OTHER BENEFITS."
Page No. 4
December 18, 2001
.Councilmember Dwyer seconded the motion.
Ayes: 4
Nays: 1 Mertensotto
PRESENTATIONS Mr. Scott Miller, representing MHAA, presented Council with a
check for $4,334.00 as the final contribution for the batting cage at
Mendakota Park and improvements made to the Civic Center
ballfield.
PUBLIC COMMENTS Mr. Chuck Elliott, 543 John Street, was present to complain about
activities at his neighbor's home. Mr. Elliott stated that this is the
third year his neighbor has run a veterinary business from his home
and from his motor home parked in his yard and on Farmdale Road.
Mr. Elliott stated that he has been in contact with the police
department and code enforcement officers and city administrator but
the situation has not been resolved.
Mayor Mertensotto asked whether Mr. Elliott has seen people bring
their pets to the home and if the neighbor is treating the animals
there.
Mr. Elliott responded that today at 6:00 a.m. his wife saw the
neighbor carrying in a cage and he also has been operating a can
collecting business and keeps cans in bags in front of his house. Mr. \.
Elliott stated that Council denied a variance that his neighbor had
requested in order to operate out of his home in July, 2000.
Administrator Lindberg informed Council that staff has been in
contact with the city's prosecuting attorney, who has been meeting
with the police chief and code enforcement staff.
Police Chief Piotraschke stated that he respects Mr. Elliott's right to
come before Council and discuss the matter. He stated that he has
spoken to Mrs. Elliott a number of times but does not have the
latitude to discuss these issues in a public forum. There is a court
order restricting the city from discussing certain matters, but he and
the city administrator are in the process of addressing each of the
Elliotts' points. He stated that this is an on -going matter and he has
asked Mr. Elliott to be patient.
Councilmember Dwyer asked Chief Piotraschke if he would come
back and give Council a status report in two weeks.
Councilmember Vitelli stated that the issue is new to him and it
would be helpful if the chief would enumerate the specific items
Page No. 5
December 18, 2001
where Mr. Elliott or Council might conclude there is a likelihood
that violations are occurring. He stated that he would also like
information on Council action on a variance application.
Councilmember Dwyer stated that Council should receive a report
from staff about what happened in July, 2000 when Chief
Piotraschke submits his supplemental report in two weeks. He
stated that Council will see what can be done to protect the interest
of both Mr. Elliott and his neighbor.
Mayor Mertensotto stated that it would be inappropriate to obligate
the Police Chief to report back to Council. That should be done by
the city's prosecuting attorney either in private session or at a public
meeting, depending on his recommendation. The attorney should
determine whether there is probably cause to issue a citation.
Chief Piotraschke stated that it is important for Council to
understand that this matter has been on- going. Staff has already
submitted reports to the prosecuting attorney and will continue
gathering information. This is no different from any other on -going
investigation on complaint of violation of state statute or city
ordinance. He stated that he will continue to pursue any concerns
over violations as he receives theirs.
Councilmember Dwyer stated that he would like a status report — the
prosecuting attorney can tell Council whether the report is
confidential and Council can letter Mr. Elliott know what it can that
is not confidential.
Mayor Mertensotto stated that the report must come from the
prosecutor and that the City Administrator will communicate with
him in within 30 days.
COUNCIL COMMENTS Councilmember Scluleeman stated that Dr. Jean Harris, the Mayor of
Eden Prairie, passed away. Dr. Harris served on the Eden Prairie
Council for seven years and as Mayor since 1995. She was an
advisor to presidents and a remarkable person.
DNR GRANT CONSULTANT Council acknowledged a memo from Parks Project Manager
Kullander regarding DNR grant programs available in 2002 and the
recommendation from the Parks and Recreation Commission that
staff prepare or assist in the preparation of grant applications. The
commission also recommended that up to $3,000 in Special Park
Fund money be used to hire a consultant to assist in preparing the
grant applications.
Page No. 6
December 18, 2001
Mr. Kullander stated that the commission would like staff to
investigate grant funds that are available. To do so will require a
block of time that staff cannot always handle. He stated that the
commission would like Council authorization to hire a consultant on
an as- needed basis. It would be a contingency, as staff will handle
the work if time is available. Grant money that is received would be
used as matching funds. The minimum grant is $10,000, and the
city's funding for play equipment could be used as the matching
funds for a park improvement grant. Barr Engineering prepared the
city's last grant application, and would be retained again if staff does
not have adequate time. He anticipated that the cost would be $500
to $1000 for each application.
Mayor Mertensotto stated that the money should be spent to buy
playground equipment, which is the priority. The city could apply
for a grant and not get it, but perhaps should try.
Councilmember Dwyer stated that the recommendation is for $3,000
and he was concerned that if Council authorizes that amount it will
be spent.
Councilmember Vitelli felt that the applications should be prepared
in- house. He asked what the time table is.
Mr. Kullander responded that the grant applications are due in late
January or early February.
Mayor Mertensotto stated that if the Parks and Recreation
Commission have recommended authorizing the use of Special Park
funds to prepare the grant applications, he has no objection.
Mr. Kullander responded that the commission authorized the
expense for the grant applications in addition to the play equipment
to see if the city can get matching grant funds for the equipment for
four parks.
Councilmember Dwyer moved to authorize an expenditure of up to
$3,000 from the Special Park Fund for preparation of grant
applications.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
Page No. 7
December 18, 2001
Attorney Schleck stated that all state grants programs are currently
frozen by the state. The goal of the state finance department is to
have a decision on which grants will remain by January 10.
Councilmember Dwyer stated that staff should be instructed not to
spend any money on applications until it is known whether the grants
are going to be available.
PLAY EQUIPMENT Council acknowledged a memo from Parks Project Manager
Kullander regarding bids for replacement play equipment for
Friendly Hills Park and Valley Park.
Mr. Kullander informed Council that the Parks and Recreation
Commission recommends awarding the bid to the Earl Anderson
Company. He stated that the bid includes roofs on the structures and
resilient surfacing.
Councilmember Schneeman moved to authorize the issuance of
purchase orders to Earl F. Anderson Company for play equipment
improvements at Friendly Hills Park and Valley Park for its low bid
of $42,813.90, to be funded by the Special Park Fund.
Ayes: 5 Councilmember Dwyer seconded the motion.
Nays:0
WORKSHOP Councilmember Krebsbach suggested that Council conduct a
Council -only workshop to discuss the hockey arena issue.
Mayor Mertensotto stated that perhaps the issue could be combined
in a workshop on Town Center that is proposed for January 10. He
suggested that there could be a Council -only discussion on the arena
from 7:00 to 7:30 and that Frank Lang and Bert McKasy could be
invited to appear to answer Council questions from 7:30 to 8:00,
followed by discussion on the Town Center concept plan at 8:00.
Councilmember Dwyer pointed out that the workshop will be an
open meeting, and people can attend but not participate in the
discussion.
Councilmember Krebsbach moved to conduct a workshop on
Thursday, January 10, 2002 from 7:00 p.m. until 8:00 p.m. for
discussion on the proposed ice arena and from 8:00 to finish for
discussion on the Town Center concept plan.
Councilmember Dwyer seconded the motion.
Ayes: 5
i Nays:0
Page No. 8
December 18, 2001
ADJOURN There being no further business to come before Council,
Councilmember Vitelli moved that the meeting be adjourned to
closed session for discussion on the Tom Thumb purchase
agreement.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 8,:36 p.m.
KAleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor