1993-08-17 Council minutesPage No. 3724
August 17, 1993.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 17, 1993
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, 1101 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, Councilmembers
Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION Councilmember Krebsbach moved adoption of the
agenda for the meeting.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Smith moved approval of the
consent calendar for the meeting, revised to
move item 4i, Civic Center ballfield
dedication, to the regular agenda, along with
authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the Treasurer's monthly
report for July.
b. Acknowledgment of the minutes of the
August 10th Parks and Recreation
Commission meeting and direction to staff
to inform the Commission that Council's
discussion with respect to the planting of
vines and lilac bushes along the fences at
Kensington Park was directed towards the
screening of the freeway from the park and
not to provide a noise barrier.
c. Authorization for the retention of
Jardine, Logan and O'Brien as the city's
defense counsel in the Rottlund/Putnam
appeal.
d. Acknowledgment of the Fire Department
monthly report for July.
e. Authorization to advertise for bids for
the Mayfield Heights storm water project.
Page No. 3725
August 17, 1993
f. Authorization to advertise for bids for
the Marie Avenue overlay project.
g. Acknowledgment of a reminder of upcoming
Council workshops.
h. Acknowledgment of the minutes of the July
7 NDC-4 meeting.
i. Approval of the list of contractor
licenses dated August 17, 1993 and
attached hereto.
j. Approval of the list of claims dated
August 17, 1993 and totalling $124,584.48.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
BALLFIELD DEDICATION Council acknowledged a memo from
Administrative Assistant Batchelder regarding
the dedication of the civic Center ballfield
in honor of Richard "Jake" Grauman and Korean
War veterans, along with a letter from Mr. &
Mrs. Daniel O'Keefe, copy of the guidelines
for dedication of park fields and facilities,
and a copy of the March 9th Parks and
Recreation Commission minutes relating to
field dedication.
Mayor Mertensotto stated that his only concern
is that the Civic Center field is not a part
of the parks system but rather is a part of
the civic center site and was built to serve
as a field until such time as the land is
needed for building expansion, etc. He
suggested that a different field be selected
for dedication.
Councilmember Krebsbach suggested one of the
adult softball fields at Mendakota Park.
Councilmember Smith responded that if Council
only dedicates one of the Mendakota fields
that opens the question of whether the other
fields will be dedicated in the future. She
recommended that the Mendakota Park be the
site of the dedication and leave it open as to
whether or not one or all of the fields should
be dedicated to Mr. Grauman and the Korean War
veterans.
Page No. 3726
August 17, 1993
Councilmember Krebsbach felt that one field
should be named as Grauman field to avoid
confusion and also there may be a desire to
dedicate the other fields in the future for
Vietnam veterans or others.
Mayor Mertensotto stated that at least field
one should be dedicated.
Assistant Batchelder recommended that the
field in the northwest corner be dedicated
since it is the most visible to those entering
and leaving the complex and is the closest
field to the concession stand.
Councilmember Huber stated that referring to
the field as Grauman field when talking to
people outside the city would be confusing and
that in scheduling, staff should refer to it
as field one as clarification for those coming
to the fields.
Councilmember Smith preferred that all four
fields be dedicated.
Councilmember Huber responded that there might
be other appropriate dedications that might
occur and Council would not want to be put
into the situation where it would have to take
the name off of one field to put someone
else's name on.
Mayor Mertensotto stated that the problem is
that there is a limited number of adult fields
and he felt that if the complex were dedicated
Council would lose the option for naming the
other three fields in the future. He
suggested that the northwest field be
dedicated since it is the most prominent
field.
Mr. O'Keefe suggested that perhaps naming the
four-field complex as Grauman Fields 1, 2, 3
and 4 would solve the confusion and scheduling
problems but stated that otherwise dedicating
one field would be fine.
Mayor Mertensotto responded that Council will
leave the option for the dedication of all
four fields as Grauman Fields open. He stated
that Council could dedicate the northwest
field this evening and if the Parks Commission
feels all four fields should be dedicated this
can be done in the future.
Page No. 3727
August 17, 1993
Assistant Batchelder stated that he will raise
the matter at the September Parks Commission
meeting.
Mayor Mertensotto read the proposed plaque
inscription as follows: " GRAUMAN MEMORIAL
FIELD; DEDICATED IN HONOR OF ALL KOREAN WAR
VETERANS AND SGT. RICHARD E. (JAKE) GRAUMAN CO
F 7TH INF REGT 3RD INF DIV MISSING -IN- ACTION
HUKSU -RI NO KOREA 3 DEC 1950 A REMEMBERED
CITIZEN SOLDIER FROM THE FORGOTTEN WAR KOREA
1950 -53; DONATED BY DANIEL OIKEEFE FAMILY AND
FRIENDS OF JAKE." He suggested that the date
of dedication by the City Council included on
the plaque.
Councilmember Smith moved that the northwest
field at Mendakota Park be dedicated as
Grauman Memorial Field with the dedication
plaque to read as proposed, including the
dedication by Council.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
AIRPORT RELATIONS Mayor Mertensotto described the problems
COMMISSION which will face the Airport Relations
Commission and its charge. He then introduced
Commission members Bill Healy, Ellsworth
Stein, Dr. James Olin and Joseph Leuman to the
audience. He stated that the first commission
meeting will is scheduled for September 8th at
8:00 p.m. and that Council asks that the
commission meet on a monthly basis and that
members who cannot attend a meeting call in
advance. He expressed appreciation to the
commission members to volunteer their service
on the commission.
PARKS CELEBRATION
Administrative Assistant Batchelder reviewed
his report on the celebration and recognition
of volunteers and sponsors.
Mayor Mertensotto stated that over forty
sponsors contributed in excess of $1,400 to
the event and that there were 18 volunteers
addition to the Parks and Recreation
Commission members, the steering committee
and city staff. He further stated that it
takes a great deal of work to put together
all -day program and the attendance was in
excess of 1,000 people.
in
an
Page No. 3728
August 17, 1993
On behalf of the City Council Mayor
Mertensotto presented a plaque to
representatives of the Volunteer Fire Relief
Association and the Ladies Auxiliary for their
significant efforts in preparing for the
event, running the concession stands and
volunteering their labor throughout the day
and clean up after the event.
PUD AMENDMENT Council acknowledged a proposed draft of an
amendment to the Planned Unit Development
section of the Zoning ordinance, along with a
proposed summary publication of the amendment
and copy of the minutes of the associated
Joint Council/Planning Commission workshop
held on June 3rd.
Mayor Mertensotto informed the audience that
the Planning Commission has conducted a public
hearing on the proposed amendment and that it
has been reviewed by city staff and the City
Attorney. He stated that the document
includes to changes he had recommended,
including a revision on page 114, adding the
language "unless expressly waived by the
Council." He explained that requiring the
provision of a landscaped buffer around the
perimeter of the entire project area would not
be practical for an industrial or commercial
project on a large parcel and the proposed
language would allow Council to waive the
requirement if it were deemed appropriate.
Administrator Lawell stated that the amendment
is very lengthy and difficult to review and
expressed confidence that all of the changes
which have been recommended by Council and the
Planning Commission have been incorporated
into the draft.
Councilmember Krebsbach stated that before
adoption she would like to see a copy of the
proposed amendment without the edits in order
to see what the final document will look like.
Councilmember Smith agreed.
Administrator Lawell responded that removing
the revision marks and deleted language is the
next step in the process and will be available
as the official copy.
Mayor Mertensotto asked if any applications
for PUD's which would be affected by the
Page No. 3729
August 17, 1993
amendment are pending and if the document can
be put into final form for adoption at the
next Council meeting.
Administrator Lawell responded that there is
the potential that an application would come
in before the next meeting, and if this were
to occur it would have to be processed under
the existing ordinance.
Mayor Mertensotto stated that applicants could
be informed that Council has reviewed the
proposed amendment which would have been
adopted this evening but for the Council's
desire to have a clean copy before adoption.
Councilmember Krebsbach moved to table the
proposed ordinance amendment to September 7th
for the sole purpose of having the ordinance
in its final form including the incorporation
of all existing amendments.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Smith stated that she would also
like Council to address Section 13 of the
Zoning Ordinance and recommended that similar
changes be made to Section 13 to avoid
inconsistencies between the two sections and
that Section 13 be restricted to the Southeast
area of the city.
Administrator Lawell responded that the
Planning Commission will be directed to review
Section 13.
There was discussion over confusion about
language in the Zoning Ordinance relating to
garages, and whether a garage is an accessory
structure.
Councilmember Smith moved to direct the
Planning Commission to review the problem of
what an accessory structure is as it relates
to garages and also the potential amendments
to Section 13 of the Zoning Ordinance to bring
it into conformance with the PUD section.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
BIEL/KENNEDY Council acknowledged a memo from Assistant
ASSESSMENT ROLL Engineer Eckles and proposed resolution to
adopt the assessment roll for water
Page No. 3730
August 17, 1993
improvements to serve the Kennedy and Biel
properties on Delaware Avenue.
Mayor Mertensotto pointed out that the staff
report states that the third lot, which would
be able to be served by the watermain
extension, is proposed not to be assessed but
rather to be charged a hookup charge before it
will be allowed to connect to the watermain.
He asked why the owner of the property, Mr.
Kane, did not join in the project.
Public Works Director Danielson stated that at
the last minute Mr. Kane backed out.
Mayor Mertensotto stated that he would have no
objection to adopting and deferring the making
of the assessment for the Kane property and
certifying the deferment resolution county.
He pointed out that if this action is taken,
anyone who purchases the property in the
future would know that they cannot connect to
the watermain without paying the assessment.
Public Works Director Danielson responded that
Council would have to conduct a public hearing
on the Kane assessment.
Councilmember Smith moved adoption of
Resolution No. 93-44, "RESOLUTION ADOPTING AND
CONFIRMING ASSESSMENTS FOR WATER IMPROVEMENTS
TO SERVE THE BIEL AND KENNEDY PROPERTIES
(IMPROVEMENT NO. 93, PROJECT NO. 2)."
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
Councilmember Krebsbach pointed out that only
2/3rds of the cost will be recaptured because
the Kane property is not included in the
assessment roll.
Public Works Director Danielson responded that
since the east side of Delaware is in Sunfish
Lake and the properties cannot be assessed,
the Water Revenue Fund will finance the amount
which would otherwise would have been
assessed.
Councilmember Smith moved to direct staff to
call for a public hearing and to notify Mr.
Kane of the amount which can be assessed
against his property and to further inform him
that he can request a deferment of the
assessment, which would then be collectible
Page No. 3731
August 17, 1993
with accrued interest at such time as he
wishes to connect to the water system or when
the property is sold.
Councilmember Koch seconded the motion.
PARK BRIDGES Council acknowledged a memo from Assistant
Batchelder and Parks Project Manager Guy
Kullander regarding the replacement of
pedestrian bridges at Valley and Wentworth
Parks.
Mayor Mertensotto pointed that the Park
Commission's recommended source of funding is
the Special Park Fund, and noted that
Councilmember Krebsbach has asked whether the
bridges should be replaced in 1993 or 1994.
Assistant Batchelder stated that the Valley
Park bridge, budgeted for replacement in 1993,
is in a severe state of disrepair and that
staff feels it should be replaced immediately.
The bridges in Wentworth Park are also in
disrepair but are not as bad as the Valley
bridge.
Responding to a Council question,
Administrator Lawell stated that quotes will
be taken for the bridges and that installation
will either by hired by day labor or done by
city staff.
Councilmember Smith stated that she has no
objection to the recommended improvements and
that her only question is where funding will
come from. She stated that she understands
there are three possible funding sources, the
Special Park Fund, referendum funds or the
General Fund. She further stated that she
recollects that the Special Park Fund has not
been defined for use and that she would like
further Council discussion an its use.
Councilmember Krebsbach stated that she is
also concerned over the source of revenue and
further that Council would have to approve a
transfer from the Special Park Fund to the
General Fund to pay for the bridge work.
Councilmember Huber asked what type of bridge
is proposed for Valley. Public Works Director
Danielson responded that it would be similar
to the bridge at Somerset Elementary School,
the one in Bridgeview Shores, and the one in
the middle of the Valley Park trail.
Page No. 3732
August 17, 1993
Councilmember Huber responded that he feels
the bridges should be flat, perhaps with
arched railings. He stated that the curved
bridge in Valley is very difficult for biking.
Assistant Batchelder stated that they will be
flat and did not know if the railings can be
arched.
Councilmember Huber stated that he is
concerned about using the Special Park Fund
for funding replacements, and that he believes
most of the fund is dedicated for other
purposes.
Assistant Batchelder stated that the
referendum funds are earmarked.
Councilmember Smith stated that Council has
not established funding for capital
replacements in the parks and suggested that
Council address the issue.
Assistant Batchelder informed Council that the
Special Park Fund has two sources of revenue
each year, park dedications and interest, and
the estimated revenue for 1993 is $28,000 to
$30,000. He informed Council that an
expenditure of $11,000 for one bridge this
year would not bring the fund level below
where it was at the beginning of 1993.
Mayor Mertensotto stated that the Valley Park
bridge is included in the 1993 Special park
budget and that the bridge can be financed by
the fund. He further stated that before the
end of the year Council could transfer the
charge from the Special Park Fund to another
fund if it is deemed appropriate.
There was brief discussion over the design of
the bridge.
Assistant Batchelder stated that the
engineering plans for the bridge have been
designed and it will take about six weeks
before the bridge replacement can be
completed.
Mayor Mertensotto stated that Council has been
advised of a dangerous situation and cannot
take the time to bring the engineering plans
before Council for aesthetics but rather that
the engineering staff should use its judgment.
Page No. 3733
August 17, 1993
Councilmember Smith moved to authorize
replacement of the Valley Park Bridge with a
36 by 5 foot flat design bridge with flattened
slopes on both ends, at a maximum cost of
$11,000 to be financed by the Special Park
Fund with the reservation that a transfer of
funds may be made before the end of the year
when Council discusses the replacement of the
Wentworth Park bridges.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
Public Works Director Danielson pointed out
that the bridge proposed to be replaced in
Valley Park is the one closest to the parking
lot.
Acting City Attorney Evan Coobs suggested that
Council direct staff to evaluate the other
bridges to make sure that they are not a
safety hazard.
Councilmember Smith stated that it is
Council's intention to revisit the issue of
the Wentworth Park bridges when it determines
priorities for the funds in the near future.
Staff was directed to review the bridges and
give Council an update on their status.
MISSISSIPPI RIVER Council acknowledged a memo and proposed
resolution from the City Administrator with
respect to the draft Comprehensive Management
Plan and Environmental Impact Statement for
the Mississippi National River and Recreation
Area (MNRRA).
Councilmember Krebsbach asked if the draft in
any way includes riverboat gambling.
Administrator Lawell responded that there is
no provision in the document that would call
out or permit riverboat gambling.
Councilmember Smith stated that the intent of
the legislation is to create a pedway from
Dayton to Hastings. She informed Council that
there will be a meeting of the Minnesota River
roadway group on August 21st. She stated that
she is concerned that efforts of the two
groups not be duplicated and that she will
attend the meeting. Councilmember Krebsbach
stated that she will also attend.
Page No. 3734
August 17, 1993
Administrator Lawell informed Council that the
MNRRA hearing period will close on September
10th and the proposed resolution would provide
the city's input prior to the hearing. He
suggested that because of the involved nature
of the plan and the resolution Council may
wish to defer adoption of the resolution to
the September 7th meeting.
Councilmember Smith stated that she believes
the points stated in the resolution are well
stated but there is room for expansion. She
further stated that she would be willing to
work on a committee with the Administrator and
another Council member to develop a more
comprehensive response.
Councilmember Koch volunteered serve on the
committee.
Further discussion was tabled to September
7th.
MASAC Treasurer Shaughnessy gave Council a synopsis
of the recent MASAC Operations Committee
meeting, particularly as it related to
requests for ANOMS information. He responded
to Council questions and informed Council of
the availability of a monthly Technical
Advisor's report.
It was the consensus to include the monthly
report in future Council agendas.
BUROWS FARM Mayor Mertensotto updated Council on the
Burows farm matter, stating that it is
possible that it will be necessary to go back
to the original idea of a non-profit
corporation. He stated that Ronald Smith is
working on setting up a funding mechanism and
that there are many questions which must be
answered and many items which need to be given
serious thought. He suggested that a task
force be set up for brainstorming.
Councilmember Krebsbach volunteered to serve
on the committee. Mayor Mertensotto stated
that he will also participate as much as
possible.
It was the consensus that the Burows farm
issue be placed on the goal setting workshop
agenda.
Page No. 3735
August 17, 1993
COMMUNITY SURVEY Administrator Lawell updated Council on the
status of the Dodd/110 community survey.
COUNCIL COMMENTS Councilmember Huber updated Council on the
status of the NDC-4 selection process for
replacing Holly Yerrigan.
Councilmember Huber informed Council that the
last Mend-Eagan newsletter discussed the
possibility of the group combining with the
West St. Paul Athletic Association. He
suggested that staff contact Mend-Eagan and
ask to be brought up to date on the
discussions. He pointed out that Mend-Eagan
handles many of the athletic programs in the
city but the city also has a part-time
recreation coordinator, and Council must
consider how the combination of the operations
of the two groups would impact what the
recreation coordinator does. He felt that the
city should be kept appraised of the
discussions, and needs to know what impact
there would be on city fields, etc.
Council directed the Administrator to contact
the West St. Paul City Manager and the School
District to find out what contacts have been
made, and also to contact Mend-Eagan.
Councilmember Krebsbach stated that she would
like to have a discussion on the comprehensive
plan as it affects T.H. 55 to be placed on the
goal setting workshop agenda.
PART 150 Mayor Mertensotto asked if applications for
Part 150 funding for noise attenuation are
being taken from Furlong residents.
Administrator Lawell responded that he
continues to receive more optimistic
information on funding from MAC to assist in
the sound insulation program, and that the
1994 allocation to the city will be an
additional $840,000. He stated that the money
available should complete the insulation
program in 1995, and that staff will be
sending letters to all eligible home owners
this week to invite them to attend a meeting.
At the meeting residents will be asked to
indicate their interest in the program. He
suggested that people be selected for the
program on a random basis.
Councilmember Smi
allocation raises
sound proofing is
use. She further
decision on sound
smaller amount of
Page No. 3736
August 17, 1993
th stated that the larger
the question of whether
the method Council should
stated that Council made its
proofing based on a much
money.
COUNCIL COMMENTS Councilmember Koch informed Council that she
will not be able to attend the goal setting
workshop.
ADJOURN There being no further business to come before
the Council, Councilmember Smith moved that
the meeting be adjourned.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:44 o'clock P.M.
Ka+-hleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor