1995-04-04 Council minutesPage No. 4353
April 4, 1995
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 4, 1995
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. at City Hall, 1 101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 8:15 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION Council acknowledged a letter from St. Thomas Academy
requesting that discussion on the proposed stadium amendment to
the Zoning Ordinance be tabled. It was the consensus to indefinitely
table discussion and to refer to the proposed amendment back to the
Planning Commission if any written communications are received
with respect to the matter. Staff was directed to refer all written
comments to the City Attorney and Planning Commission and to
schedule the matter for discussion on April 18 if no written
comments are received.
Councilmember Smith moved adoption of the revised agenda for the
meeting, further revised to delete item 8d, Zoning Ordinance
amendment relating to athletic stadiums.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the
regular meeting with correction.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar
for the meeting, revised to delete item 8h, along with authorization
for execution of any necessary documents contained therein.
a. Acknowledgment of the minutes of the March 28, 1995
Planning Commission meeting.
b. Acknowledgment of the Code Enforcement monthly report for
March.
c. Acknowledgment of the unapproved minutes of the February 1
NDC -4 meeting and the March 1 Executive Committee
meeting.
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April 4, 1995
d. Approval of the appointment of Lee Ellsworth Flandrich, Jr.,
as a probationary Mendota Heights police officer.
e. Acknowledgment of a memo from Fire Marshal Kaiser
regarding the need to amend the ordinance which adopted the
Special Fire Suppression Chapter of the Uniform Building
Code to reflect current statute dates, sections and chapters, and
adoption of Ordinance No. 303, "AN ORDINANCE
AMENDING ORDINANCE NO. 242."
f. Approval of a variance to allow St. Thomas Academy
Environmental Studies class to operate a motorized pontoon
on Roger's Lake for the purpose of conducting tests and
obtaining lake samples subject to the time and dates specified
in the March 20, 1995 letter from the academy and further
subject to the class presenting the test results to the Council.
g. Adoption of Resolution No. 95-17, "RESOLUTION
ACCEPTING PETITION AND ORDERING
PREPARATION OF A FEASIBILTY REPORT FOR
SANITARY SEWER, WATERMAINS, STORM SEWER
AND STREET IMPROVEMENTS TO SERVE
SWANSON'S 2ND ADDITION (IMPROVEMENT NO. 95,
PROJECT NO. 2)."
h. Adoption of Resolution No. 95-19, "RESOLUTION
APPROVING AMENDMENT TO TAX-EXEMPT BOND"
authorizing the extension of the note for the Richard
Shaller/Apsco project, subject to payment of a $1,750
financing fee to the city, and waiving the expense escrow
contingent on the borrower agreeing to pay any city expenses.
i. Approval of the list of contractor licenses dated April 4, 1995
and attached hereto.
j. Approval of the list of claims dated April 4, 1995 and totaling
$213,599.37.
k. Authorization for the Mayor and City Clerk to execute a
private watermain agreement with the St. Paul Water Utility to
allow several fire hydrants to be located outside of city right-
of-way for Prime Net Services.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
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April 4, 1995
PUBLIC COMMENTS Mayor Mertensotto informed the audience that problems have arisen
with respect to the water tank repair project. He explained that an
anonymous complaint was filed with the Pollution Control Agency
over potential hazardous materials in the material being sandblasted
from the tank. As the result, the sand which had been used in the
sandblasting process was tested for chromium content. He
explained that if the chromium content is found to be at a level
considered by the Pollution Control/Environmental Protection
Agencies, the waste sand generated in the sandblasting will need to
be taken to a hazardous waste site and special precautions, such as
totally encapsulating the tank, may need to be taken at considerable
cost to the city.
Mayor Mertensotto also informed the audience that the city has been
notified by the contractor that there is about 70 feet of ice (in
diameter) in the tank, which will delay work on the interior. The
contractor has asked about running water from the hydrants to help
melt the ice, but the Fire Chief does not recommend using the city's
fire pumpers, and if the contractor wishes to proceed, the city may
have to rent a pump. He pointed out that the water in the hydrants
would only be 40 to 50 degrees, which would not be of much help in
melting the ice, and expressed concern over using water from the
system for this purpose when the city is trying to conserve water in
the system.
Mayor Mertensotto stated that it will likely be necessary to call a
special meeting to address the concerns.
HORTICULTURIST Council acknowledged a memo from Administrator Lawell
regarding the creation of a voluntary consulting horticulturalist
position and the appointment of Steven Shimek to the position.
It was noted that Mr. Shimek works for the state Department of
Agriculture and is degreed in the horticulture field. Mr. Shimek has
agreed that he will serve on a voluntary basis, responding to referrals
from the city and request from the city.
Councilmember Smith moved to adopt Resolution No. 95 -18, "A
RESOLUTION ESTABLISHING THE POSITION OF
VOLUNTARY CONSULTING HORTICULTURALIST," and to
appoint Steven Shimek, 2188 Aztec Lane, to the position for a term
commencing on April 4, 1995 and running through January 31,
1996.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
KOCH PERMIT Council acknowledged a memo from Public Works Director
Danielson regarding a request from Koch Pipeline, Inc., for
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April 4, 1995
continuation of its conditional use permit to operate an aviation fuel
recovery facility at the southwest corner of Northland Drive and
T.H. 55.
Ms. Cindy Hoover, Manager of Koch Refining, stated that Koch is
requesting a two year extension on its conditional use permit which
is due to expire this month. She explained that the clean up to PCA
standards is not yet complete.
Mr. John Hunt, Environmental Engineer with Barr Engineering,
stated that stated that quarterly reports have been submitted to the
PCA and the city throughout the clean -up process. He explained
that the primary clean up has been removal of the vapors and the
secondary clean up is removal of petroleum from the groundwater.
He informed Council that six of the eight on -site monitoring wells
are cleaned up and the vapors coming out of the ground do not
exceed PCA standards, but the last quarterly report still shows some
vapors.
Mayor Mertensotto asked how long Mr. Hunt anticipates clean up
will take. Mr. Hunt responded that it will take about two years to
bring the site into compliance.
Councilmember Huber moved to approve a two year extension to
- Koch Pipeline's conditional use permit as originally approved by
Resolution No. 93 -22 and subject to the original conditions
stipulated in the resolution.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Mayor Mertensotto reminded the Koch representatives that the site
must be kept weed free.
T -BALL FIELD NEEDS Council acknowledged a memo from Administrative Assistant
Batchelder regarding the Mendota Heights Athletic Association's
need for t -ball and transitional league fields. Council also
acknowledged an inventory of city ball fields and field scheduling as
well as information from the athletic association sports registrations
and baseball calendar, along with a possible field layout on Mendota
Plaza property.
Assistant Batchelder informed Council that the athletic association
worked with the recreation programmer and the school district to
accomplish its goal of finding sufficient fields for the transitional
league and t -ball. He explained that the association has moved t -ball
from Somerset School to Sibley to free fields for the transitional
league and will use Mendakota Park fields on Sunday evening for
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April 4, 1995
Assistant Batchelder informed Council that the athletic association
worked with the recreation programmer and the school district to
accomplish its goal of finding sufficient fields for the transitional
league and t-ball. He explained that the association has moved t-ball
from Somerset School to Sibley to free fields for the transitional
league and will use Mendakota Park fields on Sunday evening for
the league. He informed Council and the audience that the shopping
center field layout has been presented to Paster Enterprises.
Administrator Lawell stated that Paster Enterprises is only
concerned about parking and would prefer that there be no parking
on the blacktop areas. He informed Council that Paster Enterprises
has asked the city to provide parking for about forty cars.
Mayor Mertensotto suggested that perhaps parking could be
provided in the area that is used for the Halloween bonfire parking.
He suggested that the backstops be designed to be temporary in
nature so that they can be taken apart and reconstructed at another
location in the future.
Staff was directed to develop a recommended work schedule and
cost estimate after a response is received from Paster Enterprises.
SPRING CLEAN-UP Council acknowledged a memo from Assistant Batchelder regarding
the annual spring clean-up event.
Mayor Mertensotto informed the audience that many cities have had
a spring-clean up event for years to get property owners to clean up
their yards, and city trucks load and haul away everything residents
put at the curb on the clean-up date. He stated that the city is not
considering that approach, but that Eagan/Roadway Trucking has
indicated in past years that they would be willing to have a truck at
the shopping center and would haul what people put in the truck.
The city would be responsible for paying the dumping cost.
Assistant Batchelder distributed copies of a flyer prepared by South
St. Paul for its clean-up activity. He explained that South St. Paul
has a very aggressive clean-up and provides a packer to pick up
things that would go to the landfill as well as things that could be
recycled. He stated that in certain cases, the materials which are
picked up would pay for themselves, like scrap metals. He informed
Council that a vendor will park a semi at a specific site, such as the
shopping center, where people would bring the items they wish to
dispose of. He stated that he would not recommend that people be
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April 4, 1995
allowed to bring in household appliances but rather that
arrangements be made for a hauler to do on site pick -up of those
items on the date of the activity. The hauler would offer a reduced
rate to those having appliances picked up. He stated that hazardous
materials would not be included in the program, as people can bring
those items, such as paint and batteries, to the drop off site in Eagan.
Councilmember Krebsbach asked if there are any plans to help those
who might need help, like elderly or disabled people. She stated that
neighbors should be encouraged to help elderly or disabled
neighbors and suggested that staff look at how an emphasis can be
placed on helping those in need. Assistant Batchelder responded
that Lakeville sends its public works crew to an address if they get a
request for assistance ahead of time.
Mayor Mertensotto stated that the city could have help available if
special requests are submitted ahead of time. He asked what date
the event could be held.
Assistant Batchelder responded that it should not be difficult to get
vendors to participate but it may be difficult to get volunteers from
Public Works on a Saturday.
It was the consensus that Assistant Batchelder use his discretion on
acceptable materials and help for seniors and handicapped
individuals and to give special attention to traffic concerns.
Councilmember Koch moved to authorize an expenditure of up to
$1,000 for a spring clean -up program to be held on May 6 or 13
depending on vendor availability.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS Mayor Mertensotto called for a closed session immediately
following the meeting to discuss pending litigation over a grievance
with the Public Works Department.
PARK MEETINGS Assistant Batchelder informed Council and the audience about two
neighborhood meetings which will be conducted by the Park and
Recreation Commission meeting on April 11 regarding the Ivy Hill
Park landscaping and Bridgeview Shores trail issues.
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April 4, 1995
ADJOURN There being no further business to come before the Council,
Councilmember Huber moved that the meeting be adjourned to
closed session.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:30 o'clock P.M.
ka-thleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
April 4, 1995
Cement/Masonry Contractor License
Serice Construction
Excavation Contractor License
Bev Lor Utilities
Royal Excavating, Inc.
Gas Piping Contractor License
Vogt Heating & A/C
HVAC Contractors License
Kalmes Mechanical Inc.
General Contractors License
j Crawford Door Sales Company
Industrial Door Co., Inc.
Mulcahy Inc.
Woodmaster Foundations, Inc.