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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. Page No. 4354 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 Page No. 4355 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 Page No. 4356 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 Page No. 4357 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 Page No. 4358 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. Page No. 4359 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.