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1993-06-03 Council minutesPage No. 3634 June 1, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 1, 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 Huber moved adoption of the agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed the audience that applications for appointment to the Airport Relations Commission will be accepted through the end of June. He also stated that the Metropolitan Airports Commission announced today that it has adopted the ANOMS (Air Noise Monitoring System), for the measurement of air noise, informing the audience that three monitors are located in Mendota Heights. APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the May 18, 1993 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 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 a memo from Treasurer Shaughnessy regarding the probable need for a sewer rate increase for 1994. b. Authorization for the employment of Chris Arlandson as a Temporary Career Development Engineer Aide, beginning on June 11th for a period not to exceed six months, at an hourly rate of $9.00 with no Page No. 3635 June 1, 1993 benefits and overtime only as authorized by the Public Works Director. c. Adoption of Resolution No. 93 -31, "RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR THE LEXINGTON AVENUE /MAYFIELD HEIGHTS DIVERSION PROJECT." d. Acknowledgment of bids received for a bituminous overlay on the City Hall parking lots, and authorization for issuance of a purchase order to Pine Bend Paving for its low bid of $9,033.25. e. Adoption of Resolution No. 93 -32, "RESOLUTION REQUESTING THE DAKOTA COUNTY BOARD OF COMMISSIONERS CONTINUE IN THEIR EFFORTS TO PROVIDE JUVENILE DETENTION FOR DAKOTA COUNTY." f. Adoption of Ordinance No. 300, "AN ORDINANCE PROHIBITING PARKING ON VICTORIA CURVE." and adoption of Resolution No. 93- 33, "A RESOLUTION REQUESTING DAKOTA COUNTY TO ESTABLISH NO PARKING ZONE ON DELAWARE AVENUE BETWEEN HIGHWAY 110 AND MARIE AVENUE," and direction to staff to notify Mend -Eagan of the Victoria Curve parking prohibition. g. Acknowledgment of a memo from Public Works Director Danielson recommending that Council approve an amendment to the Mendota /Mendota Heights Joint Powers agreement for the extension and use of watermain to the City of Mendota and adoption of an "Amendment of Joint Powers Agreement," along with authorization for its execution by the Mayor and City Clerk. h. Acknowledgment of the Code Enforcement monthly report for May. i. Adoption of Resolution No. 93 -34, "A RESOLUTION ENTERING INTO A COST SHARING COOPERATIVE AGREEMENT FOR THE MENDOTA INTERCHANGE PROJECT," with respect to cost sharing for roadway, storm sewer, bikeway, trail, water main and sanitary sewer in conjunction with the Mendota Interchange project, and adoption of Resolution No. 93 -35, "A RESOLUTION ENTERING INTO A TRAFFIC CONTROL SIGNAL AGREEMENT WITH THE Page No. 3636 June 1, 1993 STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION," j. Approval of a modified critical area site plan to allow construction of a garage stall and living space addition for George Tesar, 731 Woodridge Drive, along with waiver of the critical area application fee. k. Approval of the list of contractor licenses dated June 1, 1993 and attached hereto. 1. Approval of the list of claims dated June 1, 1993 and totalling $312,338.40. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Several residents of the Wesley Lane area were present to inform Council on potential drainage problems. Mr. John Seifert stated that there have been drainage problems since the Wesley Lane area was platted and developed and since the Methodist Church was built. He informed Council that the church's parking lot is about three feet higher than the rear yards of the lots to the east and expressed concern that if the expansion area owned by the church were filled improperly it would cause additional drainage problems. Council directed the Public Works Director to inform the church representatives of the concern over drainage in the area and notify them that they if they desire to fill the undeveloped area they must request a fill permit. CASE NO. 93-14, MIKE Council acknowledged an application from Mr. Fred Mike for a 300 square foot variance from the lot size requirement for Lot 5, Block 2, Guadelupe Heights, and related reports from city staff. Mr. Mike was present for the discussion. Mayor Mertensotto stated that in the north end of the city, Mike lot, were platted before incorporated, and building pe issued provided the lots were the required 15,000 lot size. some of the lots including the the city rmits have been within 70% of He noted that Page No. 3637 June 1, 1993 Mr. Mike's plans show 12 foot setbacks on the sides of the proposed house and a 30 foot front yard setback. He expressed concern that if a variance is granted for the non- conforming lot there may be a tendency, for hardship reasons, to ask for additional variances in the future for additions, blacktopped storage areas, etc. He felt that Council should instead grant a building permit for the non - conforming lot, subject to the conditions of 12 foot sideyard setbacks and a 30 foot front yard setback and the granting of a drainage easement at the rear of the lot. He stated that he would not want the present or a subsequent owner to come back in the future and claim they have the right to a variance for an addition. City Attorney Hart stated that by approving a building permit for a non - conforming lot as opposed to granting a variance, Council would not be making a finding of hardship which could be used in the future to leverage additional variances. Public Works Director Danielson stated that the exact location of the needed easement area has not yet been determined. Mr. Mike stated that he will grant a 20 foot drainage easement in a location to be determined by city engineering staff. Councilmember Krebsbach moved to authorize the issuance of a building permit for Lot 5, Block 2, Guadelupe Heights, on the conditions that there be a 30 foot front yard setback and 12 foot setbacks and that owner grant a drainage utility easement in a location to be determined by city engineering staff. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COMMUNITY SURVEY Council acknowledged receipt of a revised draft of the proposed Dodd /110 community survey. Mayor Mertensotto stated that the recent city newsletter article informed residents that the survey hopes to describe the roadway improvement options and trade -offs, which he thought was the intent of the survey. He felt that the survey statement "currently on -going discussions by the City about the future of Page No. 3638 June 1, 1993 the area around the intersection..." does not describe what Council is trying to do. Councilmember Smith felt that the lead -in to question 8 is inadequate and does not give a history of why conditions have changed. She suggested that the respondents be informed that the easement was acquired in the 1950's and Mn /DOT still holds that easement over a substantial piece of property. She also suggested that the last sentence of the paragraph be expanded to reference the fact that with construction of I -35E as a major north /south arterial Mn /DOT feels that the future full realignment of T.H. 149 is unnecessary. She felt that the first and second sentences of the paragraph immediately preceding question 8 should be reversed. Councilmember Krebsbach stated that "future roadway" should be described as primarily for use by Mendota Heights residents and those travelling through the city and that "roadway" should be more fully described in the second paragraph on page 2. Administrator Lawell stated that the questions do not presuppose there will even be an overpass and the survey is not specific about any potential uses: the intent is for residents who participate to indicate what they feel is needed in the future for the community. Mayor Mertensotto suggested that the survey should ask a question as to whether respondents have a specific thought in mind for what development in the area should be without providing a list of suggestions. He stated that what Council really wants to know is whether or not to preserve the right -of- way. Administrator Lawell responded that it is intended to provide some framework around the issue, and it is necessary to provide background and ask about future land uses. Councilmember Smith stated that the land uses that are listed may not get to whether or not the right -of -way should be preserved. She stated that many external factors may be the determinants, for instance, the level of traffic on Dodd could get very heavy again, Page No. 3639 June 1, 1993 and this would be a more important question than whether there should be apartments at the intersection. Councilmember Huber stated that this would be a hard concept to describe and get answers back from a survey. He stated that if I-35E were to become bumper to bumper traffic where it comes under T.H. 110, people will go over to Dodd instead of staying on I-35E. He stated that the question is if and when that will happen and what the impact will be then. There was discussion over the list of potential development and the trade-off questions. Mr. Brian Birch, present for the discussion, distributed copies of a survey which he had prepared. He stated that he contacted Mn/DOT and the official he spoke to agreed with him that since he holds lis pendis, the city does not have a right to the right-of-way Attorney Hart stated that he believes the city has the right to do the study and determine what will happen in the long-term. He pointed out that even if the land were to be turned back to Mr. Birch, the city would have the right to condemn the land. Mayor Mertensotto pointed out that if Mn/DOT did not need the city's consent to release the right-of-way, they would not have asked for consent. He stated that if Mr. Birch has acquired the underlying fee title he can submit a bid to Mn/DOT to purchase the land back. It was the consensus to invite representatives of Decision Resource, Ltd., to discuss the survey at the next Council meeting. Staff was directed to be sure to send copies of all future material on the matter to Mr. Birch. VICTORIA HIGHLANDS Council acknowledged a letter from the MAINTENANCE REQUEST Victoria Highlands Townhomes Association requesting city maintenance of private drives in the townhomes plat along with a memo from Public Works Director Danielson regarding the request. Mr. Jim Peterson and Mr. Len Fritze, board members of the association, were present for the discussion. Page No. 3640 June 1, 1993 Mr. Peterson stated that the association provides many services for itself and some of the members have stated that they do not derive much service from the city for the taxes they pay. He explained that the association is asking for city help in maintaining the private streets in the development but there is no desire to make the streets public. He stated that the city constructed the streets four years ago at the request of the developer and the streets are deteriorating and need to be sealed. Mr. Peterson informed Council that the association feels the city should seal the streets because the city contracted for and supervised their construction. He felt that the city should warranty the construction. Mayor Mertensotto stated that there is a contractual agreement between the developer and the city wherein the developer petitioned the city to contract for the construction and paid for the construction. He pointed out that the city cannot expend public money for non - public roadways. He explained that the development agreement with the city stipulates that the streets would be constructed by the city and turned over to the developer for future maintenance and repair to be done by the homeowners association, and stated that the association has accepted the streets from the developer. Councilmember Smith stated that the association is apparently disputing the workmanship and longevity of the streets and asked when streets typically start needing maintenance. Public Works Director Danielson responded that seal coating is normally done in three to seven years after construction and that cracks are sealed in conjunction with seal coating. He stated that the streets in the plat appear to be wearing the same as other city streets have. Mr. Peterson responded that many of those who purchased homes felt better about the streets because the city had specified and supervised their construction but he felt that there is a reasonable question of warranty and quality of the work. Page No. 3641 June 1, 1993 Mayor Mertensotto asked if there is any settling or frost boils on the streets. Mr. Fritze responded that there are not but there are cracks. There was brief discussion over a comparison of assessments levied for the plat and typical assessments. Mayor Mertensotto stated that if the association is claiming that the city was negligent, the claim must be turned over to the city's insurance carrier. He further stated that there might be some way the city could, through private petition, do crack sealing and slurry coating and the association members would pay for it, but the city cannot pay for the maintenance. Councilmember Smith suggested that a comparison of street conditions be made between the townhome streets and others constructed at about the same time. It was the consensus that the engineering staff should meet with the association representatives and do a comparison study on street conditions. PARK CELEBRATION Council acknowledged a memo from Administra- tive Assistant Batchelder regarding contingency planning for the 1993 Celebrate Mendota Heights Parks, and requesting authorization for expenditures of up to $2,000 from the City Council budget for contingency purposes with the intent that donations will reimburse all expenditures. Councilmember Huber moved to authorize $2,000 from the Council budget for contingency purposes for the annual Celebrate Mendota Heights Parks event to be held on July 24th. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 DAKOTA ALLIANCE FOR Council acknowledged and discussed a memo PREVENTION from Administrator Lawell regarding the need for appointment of a representative on the Dakota Alliance for Prevention board. Councilmember Smith moved to designate Councilmember Koch as alternate representative and to direct staff to run an advertisement in Page No. 3642 June 1, 1993 the local newspaper announcing the available position and soliciting applications from interested residents. Councilmember seconded the motion. Ayes: 5 Nays: 0 FRIENDLY HILLS STREET Council acknowledged the feasibility report RECONSTRUCTION for proposed reconstruction of streets in the Friendly Hills Additions. Engineer Klayton Eckles reviewed the feasibility report and gave Council and the audience a background on the proposed project and the street rehabilitation and reconstruction policy. Mrs. Joan Strodt, 743 Decorah Lane, stated that Decorah is so bad a person can see six layers down in the cracks and is in the worst condition of the Friendly Hills streets. She felt that the street is in such bad condition because of construction traffic during development of neighboring areas and because it carries so much traffic. Councilmember Smith pointed out that Decorah has been designated as a MSA street because of the traffic and it will be reconstructed to MSA standards for a major collector street. Councilmember Huber pointed out that reconstruction to MSA standards will require widening. Engineer Eckles informed Council that the city has not officially petitioned Mn/DOT to designate Decorah as an MSA street but this will be done soon. He explained that to qualify for MSA funding, the street must be constructed 38 feet wide, which would add two feet of blacktop and two feet of curb on each side of the street. He stated that the city owns sixty feet of right-of-way, and after street construction, there will still be much boulevard area. He briefly discussed an options for trail and parking on one side of the street. After discussion, Councilmember Smith moved adoption of Resolution No. 93-36, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE FRIENDLY Page No. 3643 June 1, 1993 HILLS REARRANGEMENT (IMPROVEMENT NO. 92, PROJECT NO. 6),11 the hearing to be held on August 17, 1993. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 BUROW FARM Mayor Mertensotto informed Council of a recent fire at the Thomas Burow farm residence which resulted in substantial damage to the uninsured structure. He stated that city purchase of the farm has been briefly discussed in the past and raised the question of whether the city has an interest in acquiring the property. Mr. Ronald P. Smith, present for the discussion, explained that he has boarded horses at the farm for 20 years. He stated that this is the oldest farm site in Mendota Heights and felt that it should be preserved. He informed Council that Mr. Burow would like to live in the house for the rest of his life and if the city is interested in purchasing it for much less than market value, he would use the proceeds to rehabilitate the house. He asked if Council has an interest in preserving the site, which would entail a charitable endangered trust or something similar, for $50,000 down and a monthly stipend of $1,000 to Mr. Burow to run and maintain the property. Mr. Smith informed Council that only five horses are boarded at the farm currently. Mayor Mertensotto responded that there would need to be a cap on the city expenditure. He informed Council that he has asked the Treasurer to check with the city's insurance carrier. The insurer has stated informally that if the public has access to the property, even if the city took immediate possession of the property subject to a life estate, there may be a possibility that the property would have to meet ADA and code requirement. Treasurer Shaughnessy stated that a written report from the insurer should be available for the next Council meeting. Mayor Mertensotto stated that one question would be the intended use of the property and how the city would treat it in the future. He pointed out that there would have to be some volunteer organization established to run the Page No. 3644 June 1, 1993 farm after Mr. Burow is gone. He informed Council that he had discussed a life estate with Mr. Burow two years ago. He suggested that the matter be referred to the Park and Recreation Commission. Councilmembers Krebsbach and Smith indicated that they would like to support the preservation of the farm. Councilmember Smith stated that she has a question as to whether the site would become park property if acquired and asked when Mr. Burow needs an answer. Mr. Smith responded that Mr. Burow would like to be back in the home by July 1 and that Council's individual support for the concept is very important. Councilmember Krebsbach stated that she would like the boarding of horses to continue because it adds to the aesthetics of the farm. Staff was directed to contact the League of Minnesota Cities to see what experience other metro area cities have had with similar sites, including the cost factor and to inform the Park and Recreation Commission of Council's discussion on the matter. PUBLIC WORKS GARAGE Council acknowledged and reviewed bids EXPANSION received for construction of the Public Works Garage addition. Project Manager Guy Kullander was present and reviewed the bids for Council. He recommended that Council approve all of the bids except those for grading, electrical, overhead doors and skylights. No bids were received for skylights, only one bid was received for doors. The difference between the high and low bidders for electrical and grading were so great that he recommended that the bids be rejected and asked for authorization to solicit new informal quotes for the work. The three bids for electrical ranged from $27,400 to $10,000, and two bids for grading were $34,900 and $9,200. He informed Council that he has spoken to the low bidder for grading who confirmed that he is comfortable with his bid. Mayor Mertensotto suggested that Council authorize staff to solicit informal quotes and issue purchase orders up to $15,000 for Page No. 3645 June 1, 1993 grading and for electrical without specific Council authorization. Mr. George Steiniger, from Steiniger Construction, stated that he had submitted a sealed bid for grading and felt that rebidding for grading should be by sealed bids and not informal quotes. Administrator Lawell responded that state law requires that contracts for work over $25,000 must be by sealed bid - the city can solicit informal quotes for work anticipated to cost less than $25,000. He pointed out that since it is known that grading will be less than $25,000 he saw no need to advertise for sealed bids. Mr. Steiniger asked why sealed bids were originally required and stated that he would have negotiated if he knew there would be an informal bidding process and would not have purchased a bid bond. Mayor Mertensotto stated that while he appreciates Mr. Steiniger's concern, Council's concern is to get the maximum for the tax payers' money. Councilmember Huber moved to reject the bids received for electrical and grading, to authorize staff to solicit informal quotes for electrical, grading, overhead doors and skylights and issue purchase orders of up to $15,000 for each without prior Council authorization, and to award contracts to the following low bidders: concrete, Dahn Builders, $81,900; roofing, Will-Miller, Inc., $58,612; plumbing, Klamm Plumbing, $18,810; mechanical, Cool Air, $25,640; painting, Northern Painting, $8,498; fire sprinkler, Carlson Fire Equipment, $13,625; steel, Midstate Steel, $22,250; fuel tanks, Westside Equipment, $52,377; ceiling tiles, Custom Accoustical, $1,075, Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 STREET LIGHT POLICY Council acknowledged a memo and proposed street light policy from Public Works Director Danielson. Mr. Danielson briefly reviewed the options for Council. Page No. 3646 June 1, 1993 Administrator Lawell stated that staff is concerned that the bulb on the lantern type is not shielded and suggested that diffused glass be used. There was discussion over whether the city would be better off owning or leasing the lights. Mr. Danielson stated that the policy states that funding will be considered on a case by case basis but that he feels the city would be better off owning the lights. Mayor Mertensotto stated that there are no requests for a residential light standard before Council at this time but that he feels the lantern type light is the best for residential areas. He felt that there should not be spikes on the lanterns and that they should have the wider base. Councilmember Krebsbach asked how Council will determine where the residential lights should go. Public Works Director Danielson responded that a neighborhood petition would be required and that staff would work with the residents on the location of lights. Councilmember Krebsbach moved to adopt the street light policy as submitted and dated May 14, 1993. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CLOSED SESSION Council acknowledged a memo from Public Works Director Danielson recommending that a closed session be conducted to discuss labor negotiations developments and Ivy Falls Creek easement negotiations. WORKSHOP Mayor Mertensotto informed Council that he cannot be present for the goal setting workshop scheduled for June 5 and asked that a new date be set. It was the consensus that the workshop be scheduled for the morning of June 29th or July 17th. COUNCIL COMMENTS Councilmember Krebsbach informed Council that she will be absent from the June 15th Council meeting. Councilmember Smith expressed concern over on- street parking near the Hagstrom /King Park Page No. 3647 June 1, 1993 when there are scheduled events at the park. She felt that either parking should be restricted on one side of the street or that Mend -Eagan should be asked to advise its members to be very cautious. Councilmember Huber stated that when he was on the Park Commission, the Commission had agreed there would not be ball games scheduled at the park. The matter was referred to the Park and Recreation Commission. Councilmember Krebsbach asked that staff look at the pond at Lexington and Marie, stating that she has received calls from residents concerned that the pond is filling with silt. She also expressed concern over the safety of children because of on- street parking near ball fields. Councilmember Huber gave Council an update on NDC -41s position with respect to a request from Continental Cablevision for use of some of the government access channels. 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 negotiation developments and Ivy Falls Creek easement negotiations. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:41 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor June 1, 1993 Asphalt License Valley Blacktopping Inc. .Masonry License A & B Cement D. Dahlblom Masonry Gibbs Concrete Construction