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1993-05-18 Council minutesPage No. 3634 May 18, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 18, 1993 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the May 4, 1993 regular meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to moved items 5g, h and i to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for April. b. Acknowledgment of an invitation to the NDC- 4 /NDCTV facility grand opening events. c. Acknowledgment of the minutes of the April 7th NDC -4 meeting. d. Acknowledgment of the minutes of the May 11th Parks and Recreation Commission meeting. Page No. 3635 May 18, 1993 e. Award of the contract for the 1993 residential tree planting program to Southview Design for its low quote of $12,950. f. Acknowledgment of the withdrawal of the bid of the Bloomington Rental Center for a tamper for the Public Works Department and re -award of the bid for a Wacker 2950 Reversible Plate Compactor to Carlson Equipment Company for its low quote of $4,994.85. g. Approval of the list of contractor licenses dated May 18, 1993 and attached hereto. h. Approval of the list of claims dated May 18, 1993 and totalling $174,455.60. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 DELAWARE AVENUE WATER Council acknowledged a memo from Public Works Director Danielson and receipt of petitions and waivers of hearing from Mr. & Mrs. Biel and Mr. & Mrs. Kennedy requesting the extension of watermain from the Centex development to serve their properties along Delaware Avenue. In his report, the Public Works Director had informed Council that the property owner (Kane) south of the Biel and Kennedy properties does not wish to be included in the project because his on- site well is functioning well. Mayor Mertensotto pointed out that at the May 4th discussion, the watermain was envisioned to be extended about 70 feet along the Kane property. He asked what cost savings there would be to just install 200 feet of watermain to serve the Kennedy and Biel lots and why staff proposes to extend the watermain to serve the Kane property in the future. Public Works Director Danielson responded that he has not calculated what would be saved by not extending the line at this time but that doing so now will be much Page No. 3636 May 18, 1993 less costly than extending the line in the future. Mayor Mertensotto pointed out that at the May 4th meeting Council consensus was to divide the cost of extending the watermain equally between the three properties, assessing each for 135 feet of frontage. He agreed that now is the time to provide watermain to the Kane property but stated that the proposed resolution should be amended to include a fifth item, identifying the Kane property and making a finding that Mr. Kane has chosen not to participate in the improvements at this time but that the city will extend the main to said property and that at such time as the property owner requests connection to the watermain payment of a hook up charge equal to the $3,640 assessment for the project plus interest accruing at 8% annually from the date of certification of the assessment roll will be required, in addition to any costs incurred by the owner for water availability charges, service connection, and extension of the water line from the service connection to the home. Councilmember Huber moved adoption of Resolution No. 93 -29, "RESOLUTION ACCEPTING PETITION, ENGINEER'S REPORT, ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING WORK DONE BY DAY LABOR FOR WATERMAIN IMPROVEMENT TO SERVE TWO PROPERTIES SOUTH OF THE CENTEX DEVELOPMENT (KENNEDY AND BIEL)," amended to include the fifth item recommended by Mayor Mertensotto, and authorization for staff to extend the watermain to the Kane property for hookup at a future date. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 JOINT POWERS AGREEMENT Public Works Director Danielson briefly reviewed his memo recommending approval of a proposed amendment to the Mendota /Mendota Heights Joint Powers Agreement for utilities. The amendment would provide for extending the watermain further into Mendota and would also provide for another connection point Page No. 3637 May 18, 1993 along T.H. 110 for future looping, funding for the extension and connection point to be provided by Mendota. Mayor Mertensotto pointed out that Section 8 of the agreement, which discusses collection of sanitary sewer charges does not address the collection of water surcharges or payment of the surcharges to the city. He stated that Mendota Heights residents pay a 10% surcharge on water billings to support the cost of maintenance of the water tank and watermains, and felt that Mendota residents should also pay the surcharge. Public Works Director Danielson agreed and stated that he would discuss the matter with Mendota city officials. Further discussion was tabled until resolution of the water surcharge issue. NORTHLAND INSURANCE Council acknowledged and discussed a memo from Treasurer Shaughnessy and a letter and "Pay -As- You -Go" benefit schedule from Dale Glowa, of United Properties, for a proposed 66,000 square foot Northland Insurance Company facility. Councilmember Smith stated that approval of the use of tax increment funding would have to be subject to receipt of an approved write -down list. Mayor Mertensotto pointed out that if in the future United Properties or its subsidiaries no longer has an interest in the building, the firm realizes that the pay -as- you -go will terminate. Treasurer Shaughnessy informed Council that United Properties is requesting concept approval so that Mr. Glowa can submit a firm offer to NIC, and that the purpose of Mr. Glowa's letter is to document a minimum 66,000 square foot building size. Councilmember Koch moved to give concept approval of a Deferred Tax Increment Note for the Northland Insurance project as presented by Dale Glowa on May 4th and as recorded in the May 4, 1993 Council Page No. 3638 May 18, 1993 minutes and to authorize Treasurer Shaughnessy to notify United Properties that Council approves the concept of TIF for a minimum 66,000 square foot building for Northland Insurance companies. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HEARING: MARRIOTT Mayor Mertensotto opened the meeting for LIQUOR LICENSES the purpose of a public hearing on an application from the Courtyard by Marriott for renewal of its on-sale limited service hotel liquor license and Sunday on-sale liquor license. Council acknowledged a memo from the City Clerk indicating that all application materials are in order and that no license violations have occurred. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved to approve the renewal of on-Sale Limited Service Hotel and Special Sunday On-Sale Liquor Licenses for the Courtyard by Marriott Hotel. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 HEARING: MGM Mayor Mertensotto opened the meeting for LIQUOR LICENSE the purpose of a public hearing on an application from MGM Wine & Spirits for renewal of its off-sale liquor license for the MGM Liquor Warehouse located in the Mendota Plaza. Council acknowledged a memo from the City Clerk indicating that all application materials are in order and that no license violations have occurred. Mayor Mertensotto asked for questions and comments from the audience. Page No. 3639 May 18, 1993 There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Huber moved to approve the renewal of an Off -Sale Liquor License for MGM Wine & Spirits for the MGM Liquor Warehouse located in the Mendota Plaza Shopping Center. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARINGS: CLUB Mayor Mertensotto opened the meeting for LIQUOR LICENSES the purpose of a public hearing on applications for Club Liquor License renewals from Somerset Country Club and Mendakota Country Club. Council acknowledged a report from the City Clerk recommending approval of the license renewals. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved to approve the renewal of Club On -Sale Liquor Licenses for Mendakota Country Club and Somerset Country Club. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONVENTION AND Council acknowledged a memo from VISITORS BUREAU Administrator Lawell regarding a request from the Courtyard by Marriott and hotels in the City of Eagan for the creation of a Convention and Visitor's Bureau under the umbrella of the Northern Dakota County Chambers of Commerce. Council also acknowledged a draft ordinance and proposed convention and visitors bureau agreement, which were prepared by the City of Eagan, a letter from the Chambers of Commerce, and Mall of America Page No. 3640 May 18, 1993 statistics. Mr. Dave Johnston, Courtyard by Marriott Manager, and Mr. Dan Aberg, Executive Director of the Northern Dakota County Chambers of Commerce, were present for the discussion. Mr. Johnston and Mr. Aberg responded to Council questions regarding the use of the tax revenues, overhead costs for the visitors bureau and the anticipated benefits a bureau would provide. The Mayor and Council members expressed concern over imposing a tax which would be difficult to suspend in the future. It was the consensus that information is needed and action on the request was tabled. FRONTAGE ROAD Council acknowledged a memo from Public Works Director Danielson regarding the need to name several stub frontage roads being constructed as part of the Mendota Interchange Project, and a letter from Martin Valencour suggesting potential names for the frontage road serving his property located at 2085 Highway 55. Ayes: 5 Nays: 0 Council discussed potential names with Mr. Valencour, including North Acacia Boulevard and those suggested by Mr. Valencour. Councilmember Huber moved to name the frontage road Valencour Circle. Councilmember Krebsbach seconded the motion. Mr. Valencour stated that the cul-de-sac as designed stops a long way from his house and asked if a 16 foot wide street is wide enough for public safety vehicles. Fire Chief Maczko, present for the discussion, stated that Mr. Valencour is talking about a private driveway at the end of the cul-de-sac 16 feet wide by 120 feet long. He informed Mr. Valencour that the Fire Code indicates that the driveway should be at least 20 feet wide. MENDAKOTA CONCESSIONS Page No. 3641 May 18, 1993 Council acknowledged a report from Administrative Assistant Batchelder regarding a proposed agreement with the Fire Relief Association for operation of the Mendakota Park concessions. council also acknowledged a report from Relief Association President Jim Kilburg regarding the proposed concession stand operation and Association activities and a memo regarding the need for a National Sanitation Federation approved refrigerator. Mr. Kilburg responded to Council questions, and stated that he has received quotes from three vendors. The low quote, for a Premier stacking refrigerator/freezer combination, was $1,517 plus delivery and tax. He explained the warranty provisions and stated that the unit is good quality, but not the highest quality on the market. Councilmember Huber stated that the city would purchase the unit, and if the Fire Department did not continue the operation in the future the unit would still be owned by the city. Mayor Mertensotto stated that Mend-Eagan would also be using the refrigerator when it is scheduled to use the concession area. Councilmember Smith stated that she supports the concept but would like information on the "track record" of the refrigerator and would like to allow more flexibility in the maximum price allowed. Mr. Kilburg responded that he will give the city staff all of the information he has on the unit. Regarding the concession agreement, Mayor Mertensotto asked if Council wants to allow the Association to run it or lease it to a private vendor. He stated that if there is money to be made on the operation the city should get something back for its residents. Councilmember Smith pointed out that the city gets a substantial benefit in that Page No. 3642 May 18, 1993 the Association uses the funds it generates for community activities. Councilmember Krebsbach stated that the agreement would be for one year and that she feels Council should agree to it for one year and then look at it again in a year if there is continued Association interest. Councilmember Huber moved to authorize an expenditure up to $1,700 for the purchase of an NSF rated refrigerator and freezer for the Mendakota Park concession area. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto pointed out that Administrator Lawell has purchasing authority and if Mr. Kilburg determines that a more expensive unit is needed he should discuss the matter with the Administrator. With respect to the concession agreement, Mayor Mertensotto stated that it will be a trial experience, pointing out that the cost of utilities is not known or whether there will be any problems. He further stated that the understanding is that the Association will not have an exclusive right to the concessions. Mr. Kilburg informed Council that the Association is working on an agreement with Mend Eagan for its special events. Councilmember Krebsbach moved to approve an "Agreement for Operation of Mendakota Park Concession Stand" and to authorize its execution by the Mayor. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 FIRE EQUIPMENT Council acknowledged a memo from Fire Chief Maczko requesting authority to begin preparation of plans and specifications to refurbish the 1978 pumper (unit number 2287). Chief Maczko showed slides of the existing pumper and the 1970 Squrt, Page No. 3643 May 18, 1993 stating that it is proposed to remove the boom section from the Squrt and install it on the pumper. He explained that the pumper chassis, engine, pump, etc. are in excellent condition but the body is rusting and corroding badly. He informed Council that the existing Squrt would become a pumper to be traded in the future on a telesqurt. Mayor Mertensotto asked if similar rust and corrosion problems are being experienced with the other equipment. Chief Maczko responded that there is very minor rusting on the 1970 and 1960 pumpers. There was also discussion over whether General Equipment Company, the manufacturer of unit 2287 accepts any responsibility for the corrosion. Councilmember Huber stated that the projected cost is in excess of $100,000. He asked if there comes a point where the vehicles get to an age where they cannot be insured. He further stated that if the refurbishing is authorized, the vehicles will be kept a long time and Council must be assured that they will be insurable. Chief Maczko responded that the units must be certified every five years and must pump a rated capacity. He anticipated that #2287 should last 16 to 20 more years and at that time will be no older than the 1960 pumper which is in use and insured. With respect to cost, he stated that refurbishing #2287, installing the Squrt unit on it, adding a crew cab and foam induction system and putting the 1970 pumper into condition for future sale will cost $123,000. He felt that the amount of money invested in the work for #2287 alone would be $113,000, and the work done on the pumper could be as low as $5,000 or as much as $9,200, depending on the level of work done on it. Mayor Mertensotto asked why it is not proposed to trade the 1970 at this time. Chief Maczko responded that if it were sold now, the value of the 1970 would be between $16,000 and $23,000, but if the Page No. 3644 May 18, 1993 Squrt is removed and replaced with a 1,000 GPM tank, expected resale would be between $18,000 and $25,000. The value of #2287, refurbished and with the Squrt installed, would be between $165,000 and $185,000 - a similar complete new unit would cost $325,000 and a new Squrt unit alone would cost $80,000. Chief Maczko responded that part of the capital replacement plan is to spread out the purchase of equipment, and that the plan envisions buying a new piece of major equipment every five years. Mayor Mertensotto stated that there should be a better method of purchasing major fire apparatus than 5 year equipment certificates, asking current property owners to pay for them even though the equipment will be in service for 20 years. He pointed out that just two years ago the city purchased a command vehicle for in excess of $90,000. He felt that there is a tremendous burden buying a new piece of equipment every five years. He suggested trading the 1970 unit, except for the Squrt, in on the refurbishing. Chief Maczko stated that he has asked the truck manufacturer about the trade -in value and was given a price of $8,600 because the manufacturer would have to put a new Squrt on it. He informed Council that while he is not opposed to doing this he would have to be sure that Council is committed to purchasing a telesqurt in 1995. He explained that there are four pumpers now and the department must maintain a 3000 GPM pumping capacity to get a class 8 insurance rating (the rating is currently class 6) - the 1960 unit is a reserve. He stated that looking to the future, completing the refurbishing and trading the 1960 and 1970 vehicles towards the purchase of a telesqurt, all that would be accomplished is to maintain the capacity that currently exists. He explained the need and use of the foam induction system and reviewed the existing pieces of equipment for Council. Page No. 3645 May 18, 1993 Councilmember Huber asked what the different capabilities are between the telesqurt and articulating arm squrt. Chief Maczko responded that the articulating arm squrt has no rescue capability but gives a large volume of water immediately, and it is the only piece of equipment of its type in northern Dakota County. He stated that it is also more maneuverable than a telesqurt. The advantage of the telesqurt is that it has a boom and can be used for rescues. Councilmember Krebsbach asked if purchase of a telesqurt would increase the protection of the city's residents. Chief Maczko responded that it would raise the level of service because it would provide a quicker response with rescue capability. He explained that the only way the department could do a rescue now at the Lexington Heights Apartments or businesses would be by ladder. Councilmember Krebsbach stated that if Council were to authorize the purchase of a telesqurt in the future she would not want to make a $123,000 investment in the refurbishing of two old vehicles now. Chief Maczko stated that Council must realize that the department needs a telesqurt, the squrt device and the pumper - buying the telesqurt would not defray the purchase of a pumper. He stated that preparation of specifications for a telesqurt would take until May or June of 1994 and delivery of the unit would take another 12 to 18 months, bids on refurbishing could be received by July of this year. Councilmember Krebsbach asked if the response time for the telesqurt is much quicker so that ultimately less time would be needed to pump water. Chief Maczko responded that response time to affect a rescue would be quicker, refurbishing would increase the response time to a major fire and pumping capacity would not be reduced. He explained that the biggest advantage to a telesqurt would be if there were a life threatening Page No. 3646 May 18, 1993 situation and that if the firemen needed to ventilate the roof of a building it is much safer to do it with a boom. Responding to another question, he stated that Eagan has a 1985 telescoping boom devise with a basket on the end but it cannot get into the tight areas that a 65 foot telesqurt or articulating arm squrt can. Councilmember Krebsbach asked what Eagan's response time would be to Mendota Heights. Chief Maczko stated that there would need to be an automatic call to Eagan at the same time it is received by the Mendota Heights Department, and projected a response time of 15 to 25 minutes. Mayor Mertensotto stated that the problem is to what extent a city of Mendota Heights' size requires such equipment and how it could be justified. He further stated that the city must justify the service level being provided and cannot buy equipment for mutual aid purposes. Chief Maczko stated that the city would be buying the equipment to provide excellent fire protection for Mendota Heights citizens, realizing that there is equipment in other cities that can be drawn on. He stated that Mendota Heights cannot draw from other cities if those cities cannot draw from Mendota Heights. Responding to a question from Councilmember Smith on the ratio of mutual aid calls, he stated that on average it works out pretty evenly with Eagan and Inver Grove Heights. Councilmember Huber stated that he visualizes the current proposal as simply maintaining what exists - a large part of the money is going into refurbishing and the rest would be to add a cab to be consistent with existing equipment. He felt that the telesqurt decision would be different because it raises the level of service. Treasurer Shaughnessy responded to Council questions on the equipment Page No. 3647 May 18, 1993 schedule and current equipment certificate commitments. Mayor Mertensotto asked Chief Maczko if he is sure of the $123,000 cost so that it does not keep going up. Chief Maczko responded that it is a good estimate. Mayor Mertensotto stated that he does not have a problem with removing the articulating arm (squrt) from the 1970 unit and putting it on the 1978 but would not be willing to spend anything on the 1970 unit. Chief Maczko stated that a minimum of $5,000 could be put into the 1970 just to keep it available as a pumper with a 1000 GPM tank but this would only be a stop gap measure. He stated that the dealers have told him that the 1970 unit refurbished as proposed would be worth $18,000 and $25,000. Mayor Mertensotto asked Chief Maczko to verify that making the $9,000 to $10,000 investment in the 1970 unit (2286) is worthwhile. Chief Maczko responded that the specifications could be written with an option for refurbishing unit 2286. Councilmember Huber moved to authorize preparation of specifications for the refurbishing and to solicit bids, with alternates for what is proposed to be done with unit 2286 and to direct Chief Maczko to submit supporting documentation that the investment is protected. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COMMUNITY SURVEY Council acknowledged receipt of a memo from Administrator Lawell and a copy of the draft Dodd Road/Highway 110 Community Survey. Mayor Mertensotto agreed with the Administrator's alert regarding questions 14 to 23 and the preface to the questions, pointing out that there are no plans for extending T.H. 194 behind Friendly Hills or to promote any kind of development. Page No. 3648 May 18, 1993 It was the consensus to delete question 15. Councilmember Smith stated that if people respond yes to questions 14 to 23 they should be able to suggest locations for the uses. Administrator Lawell informed Council that a community center was not included as a possible development. It was the consensus that the use should be listed. It was the consensus that question 26 is not really a trade -off and should be revised, and that there should be a clarification in the survey that the city would not have to purchase the right -of- if it is used for roadway purposes but any other use would require purchase. Councilmember Krebsbach suggested that questions 25 and 26 be reversed in number and that 25 be expanded to ask what type of development. Action on the matter was tabled to June 1st. STREET LIGHT POLICY Council acknowledged a proposed street lighting policy prepared by Public Works Director Danielson. Discussion was tabled to June 1st. PAR 3 GOLF COURSE Council acknowledged a memo from Administrative Assistant Batchelder regarding the Park and Recreation Commission's recommendation to authorize an appraisal of the Par 3 Golf Course. Mayor Mertensotto stated that he is a proponent of purchasing the course but that it must make economic sense - appraisal by the city does not mean that the owners would sell at the city's price, and the amount they are asking is way beyond the revenue that would make the purchase work. Responding to Council questions, Treasurer Shaughnessy reviewed components that the appraisal would include. Page No. 3649 May 18, 1993 Administrator Lawell stated than another issue raised by the Park commission was for an analysis of what it would cost to build a course in another area of the city. Mayor Mertensotto stated that Council should report back to the Commission that Council has considered the purchase for a number of years but cannot support the seller's price plus the price of deferred assessments. AIRPORT RELATIONS Council acknowledged a memo from the City COMMITTEE Administrator regarding letters from residents interested in serving on the Airport Relations Commission, and copies of letters of interest from Mr. J.Scott Beaty, Mr. Ellsworth Stein, Mr. William Bordenave, Mr. William Healey, and Mr. Joseph Leuman. It was the consensus to keep the application period open until the end of June, and to direct staff to prepare a press release on the application period extension. PART 150 PROGRAM Council acknowledged a memo from the City Administrator regarding the Air Noise Mitigation Part 150 Program, summarizing the city's involvement in the program over the past 15 months, reviewing various options available for use of the Part 150 allocation, and asking for direction with respect to a Sound Insulation Program for the Furlong Addition. Mayor Mertensotto felt that Council should adopt a sound insulation program for the Furlong area rather than just accumulating Part 150 funds, pointing out that there is not sufficient funding to buy the homes. Administrator Lawell responded that Council can reallocate the funding reserved in 1992 and 1993 for insulation and that the MAC has asked the city to review and update its air noise mitigation priorities in preparation for Page No. 3650 May 18, 1993 the submission of MAC's 1994 Part 150 funding application to the FAA. Councilmember Smith informed Council that the allocation of funding among the cities was discussed at a recent MASAC meeting, and the Mendota Heights allocation could increase by as much as 50%. She felt that the city should anticipate a two part program - a buy out program for homes west of T.H. 55 and an insulation program for other homes. Administrator Lawell stated that if an insulation program is initiated, there are homes closer to the airport than Furlong - if the LDN 70 contour is used, there would be about 40 homes eligible for insulation. Councilmember Smith stated that owners west of T.H. 55 were not among the first to be considered even though they are within LDN 70, and she felt that those in LDN 70, including the Furlong area, should receive priority for sound insulation. Administrator Lawell was directed to contact the MAC staff indicating that Council wishes to make the insulation program available to the Furlong area and homes west of T.H. 55 including the area east of T.H. 55 encompassing the LDN 70 noise zone, and to inquire about increasing the 1994 allocation and getting the 1992 and 1993 funding allocated for insulation. COUNCIL COMMENTS Councilmember Huber informed Council on two NDC-4 special meetings to be held on May 20th. Administrator Lawell informed Council that it must schedule a special meeting to be in conformance with the open meeting law if more than two members attend the evening session. . ADJOURN There being no further business to come before the Council, Councilmember Smith y Page No. 3651 May 18, 1993 moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: o'clock P.M. ATTEST: s.: Charles E. Mertensotto Mayor Zu �✓ Kathleen M. Swanson City Clerk