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1997-04-01 Council minutesPage No. 1 April 1, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 1, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of 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 Koch and Krebsbach. Councilmembers Smith and Huber had notified the Council that they would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the March 18, 1997 regular meeting as amended. Mayor Mertensotto seconded the motion. Ayes: 2 Nays: 0 Abstain: 1 Krebsbach INTRODUCTIONS Mayor Mertensotto introduced Mr. Robert Franklin, an instructor for the Print Media class at the University of St. Thomas and reporter for the Minneapolis Star - Tribune, and acknowledged fifteen students present to monitor the meeting. CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5 f, i and j to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 25, 1997 Planning Commission meeting. b. Acknowledgment of a legislative bill tracking report from the Association of Metropolitan Municipalities. i c. Acknowledgment of the Code Enforcement monthly report for March. Page No. 2 April 1, 1997 d. Adoption of Resolution No. 97- 12PRESOLUTION FORMALLY NAMING "PAGEL POND." e. Acknowledgment of background information for the April 19, 1997 communications tower workshop. f. Acknowledgment, with appreciation, of a donation of $50.00 from the Aid Association for Lutherans (Royal Redeemer Church), to the police department. g. Acknowledgment of a memo regarding 1997 street sweeping bids, and award of a contract for street sweeping to Mike McPhillips, Inc., for its quote of $60.50 per hour. h. Approval of plans for the Dakota Bank frontage road and authorization for their submission to Mn/DOT for review and approval, approval for payment of $1,250 to Hugo Blackfelner for right -of -way, and authorization for the Public Works Director to execute a Memo of Understanding between Mn/DOT and the city. i. Approval of the list of contractor licenses dated April 1, 1997 and attached hereto. f. Approval of the List of Claims dated April 1, 1997 and totaling $722,842.92. Ayes: 3 Councilmember Koch seconded the motion. Nays: 0 POLICE DEPARTMENT Council acknowledged a memo from Police Chief Delmont regarding reorganization of the Police Department. Chief Delmont gave Council a brief overview on the proposed reorganization plan and responded to questions. Councilmember Krebsbach moved approval of the assignment of Officer Mario Reyes as Officer/Investigator, retroactive to March 1, 1997; authorization for the police department to begin the process of selecting candidates for the position of Patrol Sergeant; and approval of the Police Department organization plan (Chart B). Councilmember Koch seconded the motion. Ayes: 3 __ Nays: 0 Page No. 3 April 1, 1997 Councilmember Koch pointed out that approval of the organization plan does not take any authority away from the Police Chief. TILSEN AREA STREETS Council acknowledged a letter from Caren Road residents regarding proposed realignment of Caren Road, a memo from Engineer Mogan responding to the letter, and a memo from Engineer Mogan recommending final plan approval for the Tilsen Highland Heights street reconstruction project. Mr. Tom Fahey, 979 Caren Road, stated that he had submitted a letter to Council at the last meeting regarding drainage concerns and traffic speeds, and that Engineer Mogan addressed those issues in his memo. He did not feel that traffic speed has been adequately addressed, and stated that the realignment proposal he submitted with his letter would reduce traffic speed to about 20 miles per hour in adverse weather conditions. Mayor Mertensotto responded that Council cannot allow street design to be based on a political decision but rather must follow design criteria. He stated that the radius and curvature of roads is not within Council's expertise, and speed limits cannot be reduced below 30 miles per hour unless there are warrants. Police Chief Delmont stated that one of the warrants for speed limit reduction is the number of accidents. He further stated that placing a curve in a road to reduce speed would actually reduce the safe speed on the road and would cause accidents. He explained that streets are designed to move traffic, not to deter it, and while he can see where the existing curvature of Caren Road causes problems, the curvature proposed by Mr. Fahey would only cause more problems and place greater liability on the city. Mayor Mertensotto stated the street is not in the center of the right - of -way and Council had indicated that Engineer Mogan could favor the north in designing the street reconstruction, however, other than shifting the alignment within the right -of -way, he must follow established street design criteria. He noted that during the last discussion, there had been a suggestion that perhaps sidewalks should be constructed if it is too dangerous for people to walk along the street. Mr. Fahey responded that there was discussion on landscaping to enhance the vacant city lots but he did not recall discussion about Page No. 4 April 1, 1997 sidewalks. He asked if a walkway could be constructed on the city property. Engineer Mogan stated that Parks Project Manager Kullander is in the process of developing a plan that will go to the Parks Commission for comments. He further stated that although it seems like a large tract of land, there is little opportunity to do much with the lots and it would make little sense to build a trail through the lots. He stated that he could look at a sidewalk on the north side if Council so directed, but it is typical city policy to assess for sidewalks. Public Works Director Danielson stated that the city typically constructs trails rather than sidewalks. He further stated that in the areas where sidewalks have been installed they were constructed in response to a request from developers and paid for by the developers. Mayor Mertensotto responded that in this case, the residents are concerned about safety. He felt that Council should look at the cost and possible financing methods. Mrs. Carol Damberg, 975 Caren Road, stated that she would not want road construction to make the situation worse than currently exists. She stated that people speed down the road coming from Victoria at certain times during the day and she did not think police monitoring would help. She did not want a walkway on the north side of the street, but stated that the city lots need attention and perhaps a meandering path could be constructed on them. Mayor Mertensotto responded that the lots are not part of the city's park system, but are probably part of the drainage system. Ms. Anita Stockton, 969 Caren Road, stated that her driveway is not aligned straight with Caren Road and she must pull the front of her car out onto the street before she can see traffic because of the curve. She asked that Mr. Mogan come to her house and stand in the driveway to see how difficult it is. She stated that she is opposed to sidewalks on the north side of the street but asked that the curve be reduced so that she can see well enough to get out of her driveway. She stated that the city could even take some of her property if it is needed to straighten the curve. Engineer Mogan responded that the curve has been flattened (in the plans) as much as possible within the right -of -way, but the alignment of Ms. Stockton's driveway could be shifted to the west. He stated Page No. 5 April 1, 1997 ` that he will make an appointment to meet Ms. Stockton, and that he must also meet with the Frischs' and the City of Lilydale to see if some of additional right -of -way can be acquired.. Mrs. Frisch stated that there has not been an accident or any pedestrian injuries on Caren Court in the 28 years she has lived in her home. She also expressed her opposition to sidewalks. Mayor Mertensotto stated that since the property owners do not want a sidewalk, it should not be included in the plans. Councilmember Krebsbach moved adoption of Resolution No. 97- 13A"RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE TILEEN'S HIGHLAND HEIGHTS, TILSEN' S HIGHLAND HEIGHTS PLAT 2, TILSEN' S HIGHLAND HEIGHTS PLAT 3, AND SURROUNDING AREAS (IMPROVEMENT NO. 96, PROJECT NO. 4). Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 ASSISTANT FIRE CHIEF Council acknowledged a memo from Fire Chief Maczko regarding appointment of an assistant fire chief. Chief Maczko reviewed the selection process. He informed Council that the selection committee has unanimously recommended that Captain Jim Kilburg be appointment to replace Assistant Chief John Neska, who is retiring on April 30. He informed Council that Assistant Chief Neska has been with the department for over 20 years as firefighter, captain, and assistant chief. Mayor Mertensotto expressed Council's appreciation to Assistant Chief Neska for the years of service he has given to the community as a member of the Fire Department. Chief Maczko introduced Jim and Sam Kilburg and reviewed Kilburg's fire department history and accomplishments. Councilmember Krebsbach moved to appoint Jim Kilburg as assistant fire chief, effective on May 1, 1997. Councilmember Koch seconded the motion. Ayes: 3 __. Nays: 0 Page No. 6 April 1, 1997 GEORGE'S GOLF Council acknowledged a memo from Treasurer Shaughnessy regarding a request from Opus /AMB for tax increment financing for assistance in redeveloping the George's Golf Range property. Mr. Arne Cook, representing Opus, was present for the discussion. Mr. Cook informed Council that Opus is the design/builder of the project and that he is in attendance this evening to present a preliminary proposal for redevelopment of the George's Golf site. He explained that the 10.3 acre property is owned by George Waters and that Ameritech would consider purchasing the adjacent 1.09 acre triangular property that is outside the Waters property. He stated that this parcel would be landscaped and maintained by Ameritech if the city could grant tax increment assistance. He informed Council that the triangular property would be very difficult to develop and to serve with utilities, and even though the property does not fit into the overall development scheme for the Waters property, Ameritech would sod and irrigate the site. Mr. Martin Coyne, Vice President of AMB, stated that AMB is an investor advisor which represents Ameritech Pension Trust, which is the proposed owner of the project. He explained that AMB and Ameritech purchased the R.L. Johnson warehouse two years ago, and while it is not normally a developer, AMB sees the purchase and development of the adjacent George's Golf Range property as a way to mitigate any down side in lease obligations for the R.L. Johnson warehouse. He stated that Opus has prepared a plan to develop a 150,000 square foot warehouse on the property. Mayor Mertensotto asked what AMB plans to do with the barbed wire fence at the Johnson warehouse. Mr. Coyne responded that AMB plans to improve the Johnson property and that his firm takes great pride of ownership in its properties. Councilmember Krebsbach stated that she understands that Ameritech is suing Troy, Michigan over antennas and towers. She asked if AMB /Ameritech has any intent to install antennas and towers on the property. Mr. Coyne responded that there is absolutely no intention to install antennas or towers. He stated that his firm is involved in investments, and that AMB has a potential prospect for the proposed project but the building would not be complete until November or Page No. 7 April 1, 1997 December and it would be very difficult to get a client to commit that far into the future. Councilmember Krebsbach stated that she would hate to see the property no longer be George's Golf Range since it has been in existence so long. She asked if there is anything AMB could do to recognize that the site was the site of George's, such as a monument. Mr. Waters, present for the discussion, stated that the street that the building would have access on is Waters Drive, which he felt was sufficient recognition. Mr. Coyne informed Council that the proposed name of the project is Mendota Heights Gateway Commons, but that perhaps the name could be changed to recognize Mr. Waters. Mr. Cook explained that the project will be strictly office /warehouse with possible light manufacturing and would be purely speculative in nature, so it is difficult to tell what the client mix will be at this time. Mayor Mertensotto pointed out that Council requires that industrial structures be finished on all four sides. Mr. Cook responded that he understands the requirement. He informed Council that the color scheme that is proposed is for muted colors. He stated that AMB has developed a similar facility in the metro area which Council could view. Mayor Mertensotto stated that the developers are requesting TIF assistance in order to make the project go. He informed Mr. Cook that Council is always concerned about people coming in to make a profit from resale. Mr. Coyne responded that AMB purchased the Johnson property two years ago and its typical holding is ten years, although under extreme circumstances, properties have been sold earlier. He explained that AMB handles $2.5 billion in properties, and it does not help a pension fund to keep churning — it is better for a fund to hold properties for the long term. He stated that the developers have discussed the termination of tax increment clause and have asked for some exemptions in the policy of the city. He stated that the total dollar value for construction is about $5 million, and when everything is done the cost will be about $6.2 million. Page No. 8 April 1, 1997 Mr. Cook stated that the applicants are asking for a total TIF pay as you go of $868,000 plus long term TIF of $114,000 for demolition, soils correction, plus whatever the additional out of pocket expenses are for the purchase an site preparation of the triangular property. Responding to a question from Mayor Mertensotto, he stated that there are two access points to the site, one for normal traffic and the other, which will be on an easement, is for truck traffic from the Johnson warehouse. Responding to a question from Mayor Mertensotto about land coverage, Mr. Cook stated that the site is 440,000 square feet, and the building would be 150,000 square feet. The green space on the site plan is about 28% of the property (excluding the triangular parcel). Mayor Mertensotto stated that frequently where there is a single owner of two adjoining properties, there is a sea of asphalt joining the parcels. Mr. Cook explained that one of the thoughts in developing the parcel was to make improvements to the back side of the property. He stated that perhaps there could be an office area on the back of the new building which would have a new access point and parking area. He further stated that there is the potential for additional office because of the depth of the project and the idea would be to have two fronts on the building. Mr. Coyne stated that the reason AMB /Ameritech began this process is because the Johnson warehouse is about 325 feet deep and in the industrial market that is beyond the typical tenant requirement, so because of that AMB wants to develop the new parcel to make the Johnson property more attractive for its tenants. He explained that AMB is trying to protect its long term risk on the property. Mayor Mertensotto stated that the Tuthill development has set the stage for the Waters property along with the city requirements for buildings in the industrial district. He stated that he feels that the amount of TIF that is being requested is high, but that perhaps a compromise could be worked out. Mayor Mertensotto asked Treasurer Shaughnessy what potential there is that the city might be able to assist with TIF. Treasurer Shaughnessy stated that he has dome some comparisons with other industrial properties in the city. He felt that the TIF request is strong on the tax assumptions, but if pay as you go is used, Page No. 9 April 1, 1997 the owner only gets back a percentage of what he puts in, so it is not as much of a concern to the city. He stated that pay as you go ends in the year 2006, and the benefit cannot exceed the taxes. He informed Council that the taxes on the two existing large warehouses in the city are quite a bit lower than the applicant's estimate. Mr. Cook responded that the intent is not to build a bulk warehouse product and his experience with a structure of this type, with the build out, is that he expects a value of about $35 per square foot and projects a tax of $1.96 per square foot. Mayor Mertensotto pointed out that there are rules and laws that apply and Council must act consistently. He stated that there is no decision to be made this evening, as the parties are present for a pre - development conference, and the next step would be Planning Commission review. Mr. Cook stated that the developers are not required by ordinance to go to the Planning Commission because there are no variances involved. He stated that the next step in the process would be to present a formal proposal. Councilmember Krebsbach stated that she would prefer not to give an indication of support for TIF until she has additional time to consider the proposal. Administrator Batchelder stated that if there are no variances involved, building permits for commercial and industrial structures are approved by the Council without prior Commission review. He stated that if the developers are willing to go to the Planning Commission, staff will schedule the matter. Mr. Cook asked if there could be administrative review rather than Planning Commission review to save time. Mayor Mertensotto responded that the Planning Commission is an advisory body but Council values their recommendations and the proposal should be scheduled for Commission discussion. Mr. Coyne stated that he is getting pressure from Opus to make decisions and get moving on the project because there is a window of time to design and construct the facility. He stated that the project is anticipated for November completion now, and a delay to December would make it harder to launch the project. Page No. 10 April 1, 1997 Mayor Mertensotto responded that Council approves all commercial structures, particularly those involving TIF, and places conditions on TER He stated that he could not conceive that the developers could put together a TIF agreement by April 15. Attorney Hart stated that normally a developer's agreement takes longer than two weeks, and he does not know at this time what conditions Council would impose, but he could prepare a skeleton agreement that would be subject to amendment to address Council's particular concerns. Mayor Mertensotto stated that the item could be brought back on May 6, which would allow an opportunity for commission review. He stated that it would be much easier for Council to arrive at a consensus if there is a commission recommendation on the project. He explained that the Planning Commission does not get involved in the TIF issue and Council would get a recommendation from staff on TIF. He stated that Council's primary concern on May 6 would be the TIF and Council would consider a TIF plan for the project at that meeting, after which time Attorney Hart would draw the developers agreement to embody the Tax Increment participation in the project. He further stated that Attorney Hart could prepare a basic agreement prior to May 1 which would be subject to amendment by Council and staff could, at the same time, refer the matter to the planning consultant for report to the Planning Commission. He did not think the triangular parcel should be part of the project at this time but that Council must definitely address it. ZIGGY' S Council acknowledged a memo from Administrative Assistant Hollister regarding a request from Mr. Larrie Mack for renewal of temporary licenses granted to Ziggy's Deli in 1996 for outside eating and an outdoor celebration. Council also acknowledged the letter of request from Mr. Mack. Mr. Mack informed Council that he would like permission to place six patio tables outside the deli for the spring through fall months. He also asked that he be allowed to conduct an outdoor celebration on May 30, similar to last year's first anniversary celebration. Mayor Mertensotto responded that the approvals were granted last year on a provisional basis and with the notice that if there were any violations of the temporary licenses the activities must immediately cease. He further stated that the problem Council had with allowing the outdoor eating area was that outdoor sales are not allowed and Council does not want everyone in the shopping center to hold Page No. 11 April 1, 1997 outdoor sales. He pointed out that Council imposed conditions on both of the temporary licenses last year and Mr. Mack is requesting changes in the conditions. Mr. Mack stated that he would like the outdoor eating license to start on May 1, or weather permitting, this year rather than the May 15 start date last year. He explained that the furniture will be brought in every evening and that he has an agreement with Paster Enterprises that the furniture will be locked up in the common area of the mall each evening. With respect to the celebration, Council made the condition that the event end at 9:30, rather than 10:30 as he had requested, because of a concern over possible noise impact to the residential area. He stated that the mall is far enough away from the residential area and the activity shuts down quickly enough that he would like to have live music from 6:30 p.m. to 10:30 p.m. He stated that the lights in the mall are shut off at 11:00 p.m., and asked that the lights be allowed to stay on until 12:00 a.m. for the event. Mayor Mertensotto stated that Council has imposed 9:30 p.m. as the ending time in the past for special events. Councilmember Koch suggested a compromise of 10:00 p.m. Mayor Mertensotto agreed to 10:00 p.m. but no later. Councilmember Krebsbach stated that lighting is an issue and she would not want lighting extended beyond 11:00 p.m. in the city. Councilmember Koch moved to approve a temporary license, from May 1 to October 15, 1997 for outdoor seating and a temporary license to hold an outdoor celebration on Friday, May 30, 1997 with the condition that music be curtailed by 10:00 p.m. and subject to all of the conditions placed on the temporary licenses in 1996, and with the understanding that the extension to 10:00 p.m. only applies to this particular event. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 TOUSIGNANT PROPERTY Council acknowledged a memo from Assistant Hollister regarding an application from Mr. Mike Leuer and the Tousignant Family for concept plan consideration for a LB -PUD development on the Tousignant property located on Mendota Heights Road. Council also acknowledged an associated letter from Koll Real Estate Services on behalf of the applicants. Mr. Jon Yanta and Mr. Dan Gleason from Koll, Mr. Michael Leuer, representing Moen Leuer Page No. 12 April 1, 1997 Construction Company, Mr. James Resop of Resop Real Estate, and representatives from the Tousignant family were present for the discussion. Mr. Yanta informed Council that he is in the preliminary stages of working with the city and the neighbors to propose a concept plan to develop along I -494. He stated that the applicants have taken the concept to the Planning Commission and have addressed the Commission suggestions. He explained that the proposal before the Planning Commission was for three different complexes, two 100,000 square foot, three level office towers with a one level parking ramp and a 116,00 square foot office service facility to the west which is surrounded by natural vegetation and wetlands. He stated that an alternate plan that he feels would result in less parking and less traffic, which was a commission concern, would be two one level office service facilities ( a connected complex) and a 100,000 square foot office /flex building. Mayor Mertensotto asked for a description of office /flex. Mr. Yanta responded that office /flex is more of a product that is flexible to the high tech, computer and medical tech use rather than the high bay storage type of facilities. Such structures could be 70 to 80% office space with the remainder light storage space. He stated that the ceiling in a warehouse is high, whereas office /service ceilings are 14 feet. He further stated that the amount of money that would be spent on the project would not be conducive to warehousing and that high tech, computer and medical technical space is what is needed. Given the landscaping and finishing that is planned, the owners could not afford lower cost space that warehousing would call for. Mayor Mertensotto asked what guarantee there is that if the office flex building is constructed first, which is a major part of the development, that the two office buildings will be developed and the project will not change from what is intended. Mr. Yanta responded that he would love to build the office space first if he could lure a tenant. He stated that he could guarantee that this will happen, and he must gear the project to the market. He stated that if the office /service structure develops first and is a success and the market changes, he would have to address that with Council at that time, but that he will do his best to attract the right tenants to the project. He informed Council that he would like to work with the alternate plan because it is more geared to the market Page No. 13 April 1, 1997 and has a limited traffic pattern because of the concerns of the schools and the Planning Commission. Mayor Mertensotto stated that Council is also.very concerned about traffic and safety did not want an office /warehouse on Mendota Heights Road between Dodd and Lexington because Council does not want the student traffic to co- mingle with truck traffic. Mr. Leuer reviewed the traffic studies which have been done. He stated that using alternate one, the office service product would be 70% general office and 30% warehouse and would generate about 1,600 trips to and from the project. With the general office building there would be about 2,300 trips per day, for a total of 3,900 trips per day for the total project. Under the second alternate, the total traffic would be about 3,200 vehicles per day. Mr. Yanta stated that there would definitely be a very heavy traffic count in the morning when traffic is coming to the schools as well as the development, because he would assume the offices would have an 8:00 a.m. start. He informed Council that most of the traffic would be workers coming to their office space and not service vehicles. Mr. Yanta stated that the project is in preliminary design stages now and he will continue to work with the city on cosmetics, etc. He stated that the developers are present this evening to show Council preliminarily what the city would have at the gateway to the city. He reiterated that the developers are gearing the project to a niche in the technical market, which might include some light computer or electronic assembly. Councilmember Krebsbach stated that she had envisioned that the property would develop as office rather than office /warehouse. Mr. Leuer reviewed a drawing of a completed project in another community that would be similar to the proposal. He stated that the cost to construct a structure with all of the brick and glass that is proposed does not allow the owners to compete with the rate that a warehouse building would charge, and the fourteen foot ceilings would not allow someone to do "racking." Councilmember Krebsbach stated that the Tousignant property is a key parcel in the city and she cannot see that Mendota Heights Road can handle lots more traffic, which is why Council recently discouraged development of a fuel/convenience facility at the Dodd Road intersection. She informed the applicants that Council is concerned about the schools. She informed Mr. Leuer and stated Page No. 14 April 1, 1997 that she would be happy to look at the similar facility that he mentioned but she is not willing to consider the project at this point because of the traffic issue. Mr. Leuer responded that there would be more traffic generated by an office building than office /flex. Mayor Mertensotto stated that Mr. Yanta has asked about the possibility of TIF. Mr. Yanta responded that the property is outside the TIF district but the city would like office development and the market is not strong, because of the airport noise, etc. He further stated that the developers would be open to talking to the city about the office component and corporate environment and whatever incentives there would be. Mayor Mertensotto stated that the land is not in the TIF district, nor has there every been a reason for it to be in the district because there are no adverse soil conditions or other reason why a developer would not tackle a project. Treasurer Shaughnessy stated that no changes can be made to a TIF district five years after it is formed. Mr. Yanta stated that if the developers were going to develop 100% office, based on the competition, in order to capture tenants to the complex there would need to be some type of incentives because the project could not compete with the market as shallow as it is in Mendota Heights. Mayor Mertensotto informed Mr. Yanta that Council will be meeting in a goal setting session in May to set goals and objectives for the future. Mr. Resop stated that he represents the Tousignant family on their 20 acre site and also the owner of the corner parcel. He stated that the Tousignants are whole- heartedly in support of what Mr. Leuman is trying to do. He informed Council that there have been many attempts to plan for this property including residential, an ice rink, etc., and the applicants are trying to convey that this is a well bona fide developer who wants to do a quality development. He stated that the 2.3 acre parcel immediately west of the Tousignant property is owned by another family. He stated that he had entered into an Page No. 15 April 1, 1997 agreement on that parcel, for hotel development, but the agreement has expired. Mayor Mertensotto asked Mr. Leuer what time frame he is working under. He stated that Council will need to consider at the goal setting session how it would like the property to develop and whether there should be some type of city participation. He informed Mr. Leuer that he feels Council could give some Mr. Leuer some idea after the goals session on what the consensus might be on what is envisioned for the property and what the policy issues are. He pointed out that there are two Council members absent this evening. He stated that Council must consider what is in the best interest of the city and the schools as well. McNEILL PROPERTY Council acknowledged an Environmental Assessment Report from Barr Engineering on the McNeill site, along with a related memo from Public Works Director Danielson. Mr. Ken Haberman, from Barr, was present for the discussion. Mayor Mertensotto stated that his only concern is over the validity of the 1992 samples used by Barr. j Mr. Haberman responded that his firm was hired by the PCA in 1992 to do preliminary work on the property, but that is just one component of the study. He explained that the samples are valid in that they give a snapshot in time on what the condition was in 1992. He further stated that the PCA has continued monitoring the site and some of the data in the report was collected late in 1996. Mr. Haberman then reviewed the report and recommendation for Council and discussed what needs to be done before storage of street sweepings can occur on the site. He also recommended submitting a copy of the report to the PCA and working with them to ensure that what is done meets with their requirements. He stated that the report must be submitted to the PCA and Dakota County before any permits can be issued, and that he will come back on April 15 to discuss tasks four through nine with Council. He informed Council that he cannot give a credible estimate of costs at this time because the chemicals on the site have not been analyzed yet. Administrator Batchelder gave an update on discussions with the Dakota County HRA, and on discussions with Hudson Trucking over their possible use of a portion of the site for storage of semis. He explained that the I IRA has not given the city a ruling on whether there is a low income use on the site, nor does the city know whether Ayes: 3 Nays: 0 Page No. 16 April 1, 1997 there is a willing seller. He stated that staff will continue discussions with the HRA with regard to relocation, and the HRA will act on the city's behalf on the relocation. Councilmember Krebsbach moved: to accept the environmental report from Barr Engineering and authorize submission of the report to the MPCA and execution of all appropriate applications by the Mayor; authorization of an amount not to exceed $1,000 for the MPCA review of the VIC/VPIC application; and, authorization of an amount not to exceed $800 for Barr Engineering to prepare the appropriate permits and notifications to proceed. Councilmember Koch seconded the motion. Staff was directed to work with the HRA to get something more definitive regarding acquisition/relocation proceedings. He stated that Council will not take action on that issue this evening, nor is Council prepared to get into discussions with the Hudson Company at this time. COUNCIL COMMENTS Mayor Mertensotto asked Administrator Batchelder to contact the NDC -4 regarding the number of monthly calls to Continental Cablevision (referred to in the NDC -4 minutes). COMMISSION MEETING Administrator Batchelder informed Council that the date of the regular Planning Commission meeting for April conflicts with Passover. He recommended that Council authorize staff to reschedule the Commission meeting to April 29 and subject to posting of proper notice, and notification to all applications and the Planning Commission. Councilmember Koch moved to authorize staff to publish a change in the Planning Commission meeting date from April 22 to April 29. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned. Page No. 17 April 1, 1997 Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 10:45 o'clock P.M. KEdhleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto, Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL April 1, 1997 Concrete/Masonry Contractor License Bernhagen & Son, Inc. Excavating Contractor License Rayco Excavating, Inc. Wenzel Plumbing & Heating, Inc. Gas Piping Contractor License Construction Mechanical Services Schulties Plumbing, Inc. HVAC Contractor License Metro Sheet Metal, Inc. General Contractor License K-Designers Klodt, Inc. Nordic Insulation, Inc. Dinmalljftucco Contractor License Brisson Stucco & Plaster Inc Sign Contractor License Sign Solutions, Inc.