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1994-10-18 Council minutesPage No. 4175 October 18, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 18, 1994 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 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Counciimembers Huber, Krebsbach and Smith. Councilmember Koch had notified Council she would be late. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the October 4, 1994 regular meeting with corrections. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Smith CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for September. b. Acknowledgment of the Fire Department monthly report for September. c. Acknowledgment of the unapproved minutes of the September 7, 1994 NDC -4 meeting. d. Acknowledgment of the minutes of the October 11, 1994 Park and Recreation Commission meeting. e. Acknowledgment of a memo from Treasurer Shaughnessy regarding MWCC billings and anticipated rate increase needs for 1995. Page No. 4176 October 18, 1994 f Adoption of Resolution No. 94 -71, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1994,11 and Resolution No. 94-72, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,300,000 GENERAL OBLIGATION REVENUE BONDS OF 1994.11 g. Adoption of Resolution No. 94-73, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR 1994 STREET OVERLAY PROJECT. h. Approval of issue a sign permit to GNB Technology for new sign faces and two new signs at 1110 Highway 110 as shown on drawings submitted with the permit application. i. Approval of temporary variances for Joan Bjorklund to allow a 19.6 foot temporary sign and sign material variance to allow a canvass sign to be placed over the monument sign at the Ethan Allen building from November 16, 1994 through November 26, 1994 and March 22, 1995 through April 1, 1995, along with waiver of Planning Commission review. k. Approval of the list of contractor licenses dated October 18, 1994 and attached hereto. 1. Approval of the list of claims dated October 18, 1994 and totaling $209,628.34. m. Authorization for the City Administrator to approve purchase orders not to exceed $5,000 to buy, program and install a second mobile data terminal in a Mendota Heights squad car. Councihnember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PROCLAMATION Council acknowledged a memo and proposed proclamation regarding violence prevention. Mayor Mertensotto read the proclamation for the audience. Ayes: 4 Nays: 0 Councihnember Smith moved to adopt a "PROCLAMATION ACKNOWLEDGING OCTOBER 23-30,1994 AS VIOLENCE- FREE WEEK AND OCTOBER 27, 1994 AS TURN OFF THE VIOLENCE DAY." Councihnember Huber seconded the motion. Page No. 4177 October 18, 1994 FIRE SAFETY AWARDS Council acknowledged a memo from Fire Marshal Kaiser regarding the third annual fire safety awards. Fire Chief Maczko gave a brief introduction. Mayor Mertensotto and Fire Marshal Kaiser presented awards to representatives of Batesville Casket, Somerset Country Club, Mendota Heights Animal Hospital, 3M, St. Paul's United Methodist Church, St. Peter's Church, and Solvay Animal Hospital. Mayor Mertensotto recognized 18 additional businesses which were not represented at the meeting. EXPLORER PROGRAM Council acknowledged a memo from Chief Maczko and a letter from Firefighter Jerry Nelson, Jr. regarding interest expressed by members of the fire department in starting a Firefighting Explorer Post at the fire station, and requesting $250 in start up funding. Firefighters Nelson and Ken Weisenberger, also Scout Master for Boy Scout Troop 264, were present to answer questions. Chief Maczko gave a brief presentation on the program. Mr. Weisenberger gave an overview of the activities the Post would be involved. He explained that the program does not involve fire fighting but is more focused on scene safety and fire prevention and stated that the participants will not be involved in any dangerous situations. Mayor Mertensotto stated that the department should check to be sure the city is protected under the Boy Scouts of America (BSA) umbrella policy in case of injury to a participant. He suggested that perhaps the city can get a rider on the BSA policy. Mr. Weisenberger responded that the BSA has a $15 million policy which covers BSA for personal property damage and personal liability. He explained that the program is under the auspices of BSA. He stated that the program will be open to boys and girls and the selection policy will possibly be in the form of a questionnaire. He explained that he would like to keep participation at about 20 young people because that is a manageable group, and informed Council that five members of the fire department have expressed interest in getting involved. He stated that BSA generally requires one adult to every ten participants for its programs. Responding to a question about funding, Chief Maczko explained that the explorer post will hold its own fund raisers and he does not see the need for future city funding beyond the $250 start-up cost. He stated that the BSA policy covers all explorer units and anyone who helps with them under its blanket. Councilmember Smith moved to authorize establishment of an explorer post program and endorse an expenditure of $250 from the Page No. 4178 October 18, 1994 Fire Department budget, along with direction to staff to check with the city's risk carrier to verify that the city is covered or get an endorsement on the BSA policy. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Councilmember Koch arrived at 8:00 p.m. BROOKFIELD LANE Council acknowledged a memo and proposed resolution from Public Works Director Danielson regarding the condemnation of a roadway easement across Brookfield Lane. Ms. Janna Patrick, 2536 Arbor Court, owner of Outlot A of the Mendota Woods Addition, was present for the discussion. Mayor Mertensotto stated that the city owns utility easements on Brookfield Lane but does not have a roadway easement. He stated that Outlot B must be served by a public street, and since the Kensington Manor Homes Association has voted not to grant access to the outlot from Brookfield Lane, the city will have to acquire Brookfield Lane by condemnation. He explained that the homeowners association has been informed that if access was not granted the city would commence condemnation proceedings. He stated that he would like to give the association another opportunity and that he has asked staff to retain Blake Davis to do an appraisal. The appraisal would be presented to the association and they would be asked if they will negotiate so that condemnation can be avoided. Ms. Patrick stated that she is disappointed with the association's denial of access and asked what assessment she may be faced with if the city acquires the right -of -way. Mayor Mertensotto stated that he would prefer that Brookfield not become a public street but if it does there will likely be an assessment against the Patrick property. Public Works Director Danielson informed Council that the appraisal should be available by the November 15 Council meeting. METRO II VARIANCE Council acknowledged a memo and proposed resolution from Assistant Batchelder regarding a special use permit for Metro II in response to its variance request for proof of parking which had been discussed by Council on September 6 and continued. City Attorney Hart suggested that the approving condition be revised to state that any future substantial increase in the density and/or intensity of use would require an amendment to the permit. Responding to a question from Mayor Mertensotto, City Attorney Hart stated that he does not anticipate any court work unless Ms. Pentel's legal counsel initiates a motion in court. Mayor Mertensotto recommended that Mr. Jillsor0s contract cap be increased by $ 1,000 and Dr. Dubois' contract cap be increased by $500. He informed Council that he received a fax from Attorney Bellows to the city's legal counsel, Eric Nystrom, saying that there is no commercially available roof-mount tower that would give reasonably reliable communications. He stated that this is Mr. Bellows' opinion and the city's experts will report back on November 1. Councilmember Huber moved to increase the budgeted amount for retaining the services of Mr. Jillson by $ 1,000 and to increase the budget cap for Dr. Dubois by $500. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CURLEY PROPERTY Council acknowledged a letter from the Stuart Companies regarding its attempts to acquire the Curley site and an associated memo from Assistant Batchelder. Mayor Mertensotto reviewed the request, stating that the Stuart Companies has one client that would like to locate on the site. He felt it would be premature for the city to commence condemnation of the land as requested by Stuart without knowing who will develop the remainder of the site and what would be proposed for the, remainder of the development. MSP COMPREHENSIVE PLAN Council acknowledged the MAC "Long-Tenn Comprehensive Plan/Draft Alternative Environmental Document" for MSP along with a related memo from Administrator Lawell. Page No. 4179 October 18, 1994 Councilmember Krebsbach moved adoption of Resolution No. 94- 74, "A RESOLUTION APPROVING A SPECIAL PERMIT FOR PARKING FOR METRO II AT 1300 MENDOTA HEIGHTS ROAD," revised as recommended by City Attorney Hart. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONTRACT EXTENSIONS Council acknowledged a memo from Administrator Lawell PENTEL CONSULTANTS regarding extension of Geoffrey Jillson and/or Dr. John Dubois' consultant contracts with the city to analyze the Pentel antenna tower proposal. Responding to a question from Mayor Mertensotto, City Attorney Hart stated that he does not anticipate any court work unless Ms. Pentel's legal counsel initiates a motion in court. Mayor Mertensotto recommended that Mr. Jillsor0s contract cap be increased by $ 1,000 and Dr. Dubois' contract cap be increased by $500. He informed Council that he received a fax from Attorney Bellows to the city's legal counsel, Eric Nystrom, saying that there is no commercially available roof-mount tower that would give reasonably reliable communications. He stated that this is Mr. Bellows' opinion and the city's experts will report back on November 1. Councilmember Huber moved to increase the budgeted amount for retaining the services of Mr. Jillson by $ 1,000 and to increase the budget cap for Dr. Dubois by $500. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CURLEY PROPERTY Council acknowledged a letter from the Stuart Companies regarding its attempts to acquire the Curley site and an associated memo from Assistant Batchelder. Mayor Mertensotto reviewed the request, stating that the Stuart Companies has one client that would like to locate on the site. He felt it would be premature for the city to commence condemnation of the land as requested by Stuart without knowing who will develop the remainder of the site and what would be proposed for the, remainder of the development. MSP COMPREHENSIVE PLAN Council acknowledged the MAC "Long-Tenn Comprehensive Plan/Draft Alternative Environmental Document" for MSP along with a related memo from Administrator Lawell. Page No. 4180 October 18, 1994 Mayor Mertensotto informed the audience that the MAC has scheduled a public hearing on the draft document for October 26. He explained that there is opposition to the extension of runway 422 and lawsuits have been authorized regarding that extension. He stated that if the solution is to withdraw that extension, the north/south parallel runway could be placed in jeopardy and the north parallel runway alternative could be the result. He further stated that although the MAC would say that the runway would only be used for landing, this will not likely be the case and Mendota Heights would be significantly impacted - there would be considerably more overflights and property values in the city would be negatively impacted. He encouraged residents to attend the hearing, stating that the city needs a large group of people to appear at the hearing to let MAC know they oppose the north parallel runway alternative. He also asked the representatives of the press to publicize the hearing. He pointed out that the noise contours in the document are no where near what the ANOMS system shows. Administrator Lawell stated that a packet of information will be available for any resident would like one. Councilmember Smith stated that the report is also flawed in that it i does not use the 1994/95 contours when talking about how many people would be impacted by the north parallel runway, but uses a contour that includes the Curley Addition. She pointed out that the north parallel runway has the potential to impact people much farther north of T.H. 110 that are now impacted. Councilmember Krebsbach pointed out that the MAC is an appointed body and Commission members are from northern suburbs although the southern suburbs receive 65% of the flights. She stated that those representatives are making decisions which significantly impact Mendota Heights, and suggested that the information packets include information showing where each representative on MAC comes from. Administrator Lawell informed Council that he will gather all comments from Mendota Heights residents who attend the hearing and will prepare a document for approval by Council and submission to the MAC by the November 25 deadline. MENDOTA INTERCHANGE Council acknowledged a letter from Mn/DOT responding to a NOISE letter from the city expressing Council's concerns regarding possible impacts associated with the Mendota Interchange Project. Council also acknowledged an associated memo from the City Administrator. Page No. 4181 October 18, 1994 Mayor Mertensotto informed the audience that the letter to Mn/DOT drew their attention to the retaining wall along the south side of T.H. 110 and to alert Mn/DOT that the city is waiting for them to come forth with a landscaping plan for the roadways. He explained that Mn/DOT will have to wait until next year to do landscaping but during the winter months the city can work with them on the parkway design. LEGISLATIVE POLICIES Council acknowledged the recommended policies and legislative proposals of the Association of Metropolitan Municipalities (AMM) for 1995, along with an associated memo from the City Administrator. Responding to a Council question, Administrator Lawell stated that it is the position of the AMM that the entire Metropolitan Council should be elected and that membership on the MAC should be metro- based, as they have metro -wide taxing authority. He informed Council that Assistant Batchelder served on a policy development committee and suggested that this be included. Also responding to a Council question, he stated that the city notified the AMM last year that Council does not support the AMM's position on the gas tax. He stated that he will notify them again. Councilmember Krebsbach stated that the document is reasonable and she would endorse it. Mayor Mertensotto suggested that the city raise the issue of highway turnbacks and funding because the city would have no options and would incur a funding liability. He also stated that the city should talk about airport policies, pointing out that the policy does not address air noise or noise attenuation. He felt that expansion of the airport policy should be one of the city's priorities. Councilmember Smith agreed, stating that the city should start early in next year's policy so that it is addressed. Councilmember Koch felt that Council needs to take a look at the policy on transportation impact fees as well. Administrator Lawell responded that staff will comment to the committees working on these policies next year so that the city's concerns are addressed in the draft. He stated that continuation of HACA is one of the city's top priorities as well as air noise and funding shifts from the metropolitan area to Greater Minnesota. COUNCIL COMMENTS Councilmember Koch stated that she gets many calls from people about additional landscaping in Ivy Falls Park. She also stated that Page No. 4182 October 18, 1994 she gets calls about the pond also and asked if something can be done about the green slime on the pond. Public Works Director Danielson responded that a decision must be made as to whether to remove the tops of the skimming devices at the pond to allow debris to pass through them. COMMISSION Mayor Mertensotto noted that the Park and Recreation Commission VACANCY minutes indicate that Vicki Katz plans to resign. Administrator Lawell informed Council that Ms. Katz has submitted her resignation, effective in September, and that the resignation should have been on this evening's agenda. Councilmember Krebsbach suggested that Ms. Liz Plummer, who was present at the meeting, see if someone from her neighborhood is interested in serving on the commission. Councilmember Huber moved to accept Vicki Katz' resignation with regret. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Ms. Plummer stated that she will inquire of her neighbors to see if anyone is interested. Staff was directed to submit press releases about the vacancy in local newspapers. COUNCIL COMMENTS Councilmember Krebsbach asked for Council support for her application for appointment to a government information access council. Mayor Mertensotto asked Councilmember Krebsbach to submit information on her qualifications to the City Administrator and that Council will direct the City Administrator to write a letter of support. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to closed session for discussion of labor negotiations. Councilmember Huber seconded the motion. Ayes: 5 Page No. 4183 October 18, 1994 Nays: 0 TIME OF ADJOURNMENT: 10:35 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor October 18, 1994 Asphalt Contractor License South Suburban Asphalt Masonry Contractor License Darrel Olson Masonry Co. Schlagel Masonry Excavation Contractor License Bevlor Utilities Inc. General Contractors License CMPA, Inc. Heartland Industries Gas Piping Contractor License Air Conditioning Associates Inc. Cronstroms Heating & A/C Richfield Plumbing HVAC Contractors License Triple D Heating & A/C Drywall Contractors License Prestige Drywall, Inc.