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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