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1992-03-17 Council minutesPage No. 3252 March 17, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 17, 1992 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 Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, revised to move item 4e, St. Thomas Academy request for use of tennis courts, and 4g, Olin final plat approval, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's report for February. b. Acknowledgment of the Fire Department monthly report for January. c. Acknowledgment of the Fire Department monthly report for February. d. Acknowledgment of the minutes of the March 10th Park and Recreation Commission meeting. e. Authorization to participate in School District 197's Summer Adventure Program for a cost of $3,000 to be charged to the Park Department's recreation contingency line item, conditioned upon funding participation by the City of West St. Paul. Page No. 3253 - March 17, 1992 f. Award of the contract for 1992 street sweeping to Mike McPhillips, Inc., for their low bid of $54.75 per hour. g. Authorization to advertise for bids for the purchase and installation of park signage, bleachers, picnic tables and benches. h. Approval of the list of contractor licenses dated March 17, 1992 and attached hereto. i. Approval of the list of claims dated March 17, 1992 and totalling $173,441.69. j. Adoption of Resolution No. 92-, .!,eA, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 12TH ADDITION." k. Approval of the issuance of a 3.2 on-sale malt beverage license to Par 3 Golf, Inc. 1. Approval of a correction to the minutes of the February 18th minutes relating to legislative redistricting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 OLIN FINAL PLAT Council acknowledged a memo from the Public Works Director recommending approval of the final plat for the Olin Addition. It was noted that Dr. Olin proposes to plat the 13+ acre parcel into two lots at the present time, one lot consisting of 18,000+ square feet and the other consisting of the remainder of the property. The larger lot is planned to be subdivided in the future. The Park Commission had recommended that the park dedication for the total property be land rather than cash and that the standard per lot park dedication which would ordinarily be required for the currently proposed plat be deferred. Councilmember Blesener moved adoption of Resolution No. 92-19, "RESOLUTION APPROVING FINAL PLAT FOR OLIN ADDITION," on the condition that the park contribution for Lot 1 be deferred for the purpose of allowing the Page No. 3254 - March 17, 1992 land owner and the city to work out a land contribution proposal. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Norman Linnell, a resident of Bridgeview Shores, was present to report back to Council on issues raised at the last Council meeting. He informed Council that residents had met with representatives of Marvin Anderson Homes and were told that the firm is now a subsidiary of Pultie Homes and will not build custom homes in Bridgeview Shores Phase 2. He stated that the residents made a number of proposals on custom homes to address the neighborhood in the way it was originally represented, particularly in Phase 3, but the developer has not responded. He informed Council that Phase 3 was opened up for lot sales on Sunday and the developer has begun selling lots in Phase 3 even though there are a number of replatting issues which caused the Council to continue the replat request for 60 days. Mr. Linnell requested that Council institute a moratorium on lot sales until the developer comes back before Council and the replatting issues are resolved. Mayor Mertensotto responded that he did not believe a sales moratorium is appropriate, but that Council can restrict City staff from issuing permits since there is no signed plat for the development. He stated that Council granted a 60 day delay on the replat application (until May 1st) at the request of the residents and that building permits can be withheld until that meeting. Also, as long as the platting is not finalized and the utility installation has not been completed, Council can extend the contract for installation of improvements and stop their construction until the first Council meeting in May: Mr. Linnell stated that he is concerned that the developers are offering the lots and could just tell buyers that they could not build until June. He was concerned that if the lots are sold prior to the May meeting that will impact the Council discussion on a park proposal. Mr. Dale Happe, representing Marvin Anderson Construction, stated that he believes Council Page No. '3255- March 17, 1992 has a replat under consideration now. He stated that the concept that Marvin Anderson is going to sell lots that are not platted is ludicrous - the lots cannot be sold unless they are platted. He stated that there will be no attempt to sell lots that are not platted. He further stated that there is a dispute between the developer and homeowners and he fails to see why the city wants to get involved in it. Mayor Mertensotto responded that Council is involved because a question has been raised over basement elevations and whether the three foot elevation is sufficient. He further stated that Council is going to revisit the building pads as far as the wetlands are concerned. Councilmember Cummins asked if the developers would give the City a letter offering that they will not try to sell any lots in Phase 3, either as they are proposed to be replatted or as shown on the original plat. Mr. Happe responded that he will consult with his clients and that from a legal standpoint if the lots are not platted they cannot be sold. Councilmember Cummins stated that the developers have filed a revised plat for Phase 3 and Council had previously approved a plat. He asked the City Attorney whether the developers can continue to build under the original plat. City Attorney Hart responded that currently Council has under consideration an application that would change the lot lines of the original plat and that it would be appropriate for the City not to issue building permits. If the replat application is withdrawn, the developer would have an approved original plat, but there is a land dispute pending on that plat. He pointed out that the City could wait until after the land dispute is resolved before issuing permits. Mayor Mertensotto stated that he has not signed the original final plat and will not do so because there is a replat application pending. He further stated that staff will be instructed that no building permits should be Page No. '3256 March 17, 1992 issued in Phase 3, and that the city's contractor will not be allowed to re-start utility construction until the issue has been resolved. Councilmember Cummins moved to restrict staff from issuing any building permits for any potential subdivision of Phase 3 and instruct the utility contractor that the project is on hold and he is not to proceed until he is notified by the city after the first Council meeting in May and further that the an extension of the construction contract will be granted if desired by the contractor. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE The following representatives of Mn/DOT were present to give Council and the audience an update on the Mendota Interchange project: Jack Caroon, corridor Manager, Earl Van Berkum, Project Manager for the preliminary design, Bruce Libby, Project Manager for the final design, Adeel Lari, Right-of-Way Engineer, and Kent Barnard, Public Affairs Officer. Mayor Mertensotto recognized Mendota Mayor Jim Toye, and Councilmembers Steve Goliath and Joan Olin, who had been invited to attend the meeting. Mr. Caroon stated that bids will be let for stage one construction on June 26th, and contracts for four phases of the project will be awarded in August. All stages of the project construction will be completed in 1994. Mr. Caroon described the project for the audience. He explained that the Mendota Bridge will be closed in October of 1992 and that the bridge deck will be replaced over 1993 and 1994. He explained that the bridge deck will be 28 feet wider than it currently is and will have 8 foot shoulders on each side. There will be an eight foot walkway on the northeast side of the bridge for pedestrian and bicycle traffic. The pedway that comes from Fort Snelling will be connected to the one on the bridge deck. The new deck will also have a center median and two 12 foot lanes in each direction. The programmed cost for the bridge is $17 million; the total Mendota Interchange project cost is projected to be $38 million. The intent is to keep the construction in two construction Page No. 32.57 _ March 17, 1992 years (1993 and 1994) with only minor construction beginning in 1992. Mr. Van Berkum reviewed Stage I and 2 of the interchange project, informing the audience that he worked on the preliminary design of the project for about 12 years. He described the T.H. 55/13 corridor and gave a history on the need for the improvements. Mayor Mertensotto asked why T.H. 13 at T.H. 55 will be four-way divided highway to 1-494. Mr. Van Berkkom responded that the intersection is at Pilot Knob Road and that the decision was made many years ago. T.H. 13 will be four lane to that point. The reason four-lane is used on a road not too high in volume is because it would be nearly as costly to construct turn lanes and approaches for two lanes as it is to construct four lanes. Mr. Libby stated that the project is programmed for three construction seasons. Pilot Knob Road, from Mendota Heights Road to Acacia Cemetery, will be rebuilt in 1992. Pilot Knob will continue to be designated as a county state aid highway. The portion of Pilot Knob from T.H. 13 to Acacia Cemetery will be two lane with wide shoulders and will be turned back to the city. A portion of the future T.H. 55 frontage road, from Larson's Greenhouse to the frontage road that ends across from Glenhill, will also be built in 1992, as will a short roadway to access two structures on T.H. 55, and the connection of the frontage road to T.H. 110. In November the bridge will be closed, and at that time T.H. 55 will be re-routed onto the newly built frontage road to open up the entire area and work will begin in earnest on the big project. The first phase will be bringing T.H. 13 from 1-494 to T.H. 55. Acacia Boulevard will be rebuilt into one two-lane roadway. When the 13/55 intersection is closed, traffic will be detoured to Lexington Avenue. Mr. Van Berkum stated that the railroad issue is not yet firm, but virtually everyone would benefit if the railroad right-of-way is vacated. Mr. Lari reviewed the railroad issue, informing Council and the audience that Mn/DOT cannot acquire railroad right-of-way without permission from the Interstate Commerce Commission and that the Soo Line Page No. -3 258 March 17, 1992 Railroad wants to keep the right-of-way as an option. Mn/DOT has offered to purchase either the intersections or all of the right-of-way from 1-494 to St. Paul but that Soo Line has not yet agreed to the offer. Mn/DOT has also explored the possibility of getting permission from Soo Line to use the right-of-way to avoid building a number of bridges. Mr. Barnard explained that Mn/DOT will try to minimize any disruption of traffic during the project and will have an extensive information program, including issuing update bulletins and construction reports to the local media. Mayor Mertensotto cautioned that many projects must be coordinated, including the bridge over I-35E at T.H. 13, from a traffic management standpoint and it will take considerable public information to keep people informed. Mr. Barnard responded that hopefully the 35E/13 bridge will be completed before the interchange project starts. Councilmember Smith stated that she understands that the short line will be limited to cars with more than one passenger. She stated that many Mendota Heights residents are using that road to reach the north side of St. Paul now. Mr. Barnard stated that he will get more information on the matter and respond back to the city. Councilmember Blesener asked how someone would move east on T.H. 110 if they were coming north on T.H. 55 or northeast on T.H. 13. She asked why the situation is being created where there is no direct connection from northbound T.H. 55 to T.H. 110. Mr. Van Berkum that area will design is more stated that it Councilmember enough room to responded that the traffic in be low and the two lane roadway than adequate. He further is very difficult to do what 3lesener asks - there is not put a connection in. Mayor Mertensotto stated that the city will find that traffic will be diverted onto other roadways in the city because the route from T.H. 55 to T.H. 110 is so circuitous. He felt that the Acacia Park bridge should be eliminated to provide direct access to T.H. 55. Page No. 3259, March 17, 1992 Councilmember Blesener asked why the frontage road near George's is not brought back to T.H. 13. She asked why the project isn't constructed so that there is a frontage road all along the west side of T.H. 55 past developable land instead of creating a cul-de- sac by T.H. 13 and T.H. 55. Mr. Van Berkum responded that if the city or a developer wanted to do something in the future they can - Mn/DOT did only what it had to serve existing development. Councilmember Cummins stated that with the exception that the design eliminates the dangerous intersection at the bridge he does not see that it will improve traffic at all. Mr. Van Berkum stated that Mn/DOT had to avoid cemeteries, bluffs, lakes and historical sites in designing the project and that although it takes some getting used to, the design will work. Councilmember Blesener stated that currently traffic coming in on T.H. 55 can take a right turn on T.H. 110 and it works. She did not understand why acres of land are needed to accomplish the same affect. Mr. Van Berkum stated that an intersection of 55/110 will not fit and that the frontage road from T.H. 110 to T.H. 55 will work. Mayor Mertensotto pointed out the potential that traffic would go north on Lexington Avenue rather than taking T.H. 55 to get to T.H. 110. He felt that an EIS should be done on the impact of the lack of a connection of T.H. 55 and T.H. 110. He was concerned that it will aggravate the existing problems. Councilmember Blesener felt that any stop light will likely give preference to T.H. 55 and traffic will take other routes. Councilmember Smith asked if it will be difficult to get the intersections signalized if the design doesn't function as planned. Mr. Van Berkum stated that conduit will be installed in anticipation of the need for future signals. Page No 3260 March w..11992 Public Works Director Danielson stated that the design restricts the development potential but that the Acacia overpass at least allows access on the north corner of the Acacia property. Mr. Van Berkum stated that there is no space available for an intersection without going on the Resurrection Cemetery property. Mendota Councilmember Joan Olin was concerned over the detours during construction, pointing out that the Mendota businesses need the traffic. Mr. Van Berkum responded that he expects that traffic to Mendota will be from Lexington or T.H. 13 and that Mn/DOT will do its best to publicize the accesses. Mendota Mayor Toye stated that he is concerned that Lexington is adequate for access to Mendota. If the intersection with T.H. 13 is closed it would be very confusing for Lexington to be the secondary access. Mr. Van Berkum responded that traffic levels to Mendota should be the same after the project is completed as it is today and that the design will work when completed. Councilmember Blesener asked if there is any potential for moving T.H. 13 towards the railroad right-of-way and freeing up some room for St. Peter's if Mn/DOT is successful in negotiating with the railroad. Mr. Van Berkum responded that there would be the potential. Mr. James Losleben, 815 Hazel Court, and a representative of St. Peter's Church, complimented Mn/DOT on the church issue and stated that resolution of the railroad matter could only be temporary. If the railroad wants the right-of-way back in the future, a 23 foot retaining wall and bridge near St. Peter's would need to be built. Mr. Lari stated that agreement has not yet been reached with the Soo Line, so there still may be the need for a bridge. Mr. Losleben stated that the intersection of T.H. 149/1-494 is already overloaded and expressed concern that the interchange design Page No. _3261 March 17, 1992 will only exacerbate that problem if people take alternate routes to get to T.H. 110. Councilmember Smith suggested reducing the size of new T.H. 13 and upgrade a section of existing T.H. 13 to encourage traffic to follow T.H. 13 to T.H. 110. Mr. Van Berkum responded that it would take at least two years to redesign the details of the project and that Mn /DOT is very concerned about the condition of the Mendota Bridge and would not want to delay the bridge reconstruction. Mr. George Milliman, 1140 Sibley Memorial Highway, stated that he feels the design is fine - the idea is to take a load of traffic away from an intersection at the end of the bridge, and moving the connection away from the bridge is a giant step forward. Mayor Mertensotto asked the status of negotiations with Mn /DOT over storm sewer costs. Administrator Lawell responded that negotiations are in process and that staff will report to Council at the next meeting. HEARING: ST. PETER'S Mayor Mertensotto opened the meeting for the CHURCH /PILOT KNOB purpose of a public hearing on proposed ROAD IMPROVEMENTS sanitary sewer, water, storm sewer and street improvements to serve.St. Peter's Church and Pilot Knob Road. Council acknowledged letters from Rollin Crawford for the Dakota Business Plaza and from John Bannigan for the Acacia Park Cemetery Association. Public Works Director Danielson reviewed the proposed project for the Council and audience. Mayor Mertensotto asked for questions and comments from the audience. Mr. James Losleben, representing St. Peter's Church, stated that he has been informed about potential assessments and is pleased that the assessment proposed is close to the original estimate. Mrs. Jean Fransen, 2170 Pilot Knob Road, stated that she understands that is may be j possible that the residents can get assistance with the assessments, as had been done with Page No. 3.62. March 17, 1992 the Furlong area, and asked when the project will be assessed. Mayor Mertensotto responded had been used to assist the neighborhood but that it is this project. He further ri assessments for the project payable for two years. that CDBG funding Furlong not available for Bsponded that the will likely not be Councilmember Blesener stated that the staff recommends ordering the improvement and plans and specifications. She asked why the improvement would be ordered when the city has not yet reached agreement with Mn /DOT over storm sewer costs. She felt that it makes sense to order plans but withhold ordering the project until the cost issue is resolved. Public Works Director Danielson the combined recommendation is a in a Chapter 429 improvement. There being no further questions Councilmember Cummins moved that be closed. Councilmember Smith seconded the responded that standard step or comments, the hearing motion. Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 92 -20, "RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE ST. PETER'S CHURCH AND PILOT KNOB ROAD (IMPROVEMENT NO. 84, PROJECT NO. 28),11 revised to delete references to ordering of the project. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 1306 KENDON LANE Council acknowledged a memo from Administrator Lawell regarding a purchase offer for 1306 Kendon Lane. Mayor Mertensotto reviewed several proposed changes in the purchase agreement and suggested that a new agreement be prepared. He stated that the City would not approve an agreement and let the buyer be in control. He suggested that the City pay all property taxes due in 1992 but that the buyer is responsible for taxes payable in 1993, that the city will assume all special assessments and any future Page No. 32.63. March 17, 1992 assessments would be the responsibility of the buyer. He further stated that the city will not contribute $2,000 towards closing costs, as the buyer had requested, and that the language included in the Administrator's memo with respect to the condition of the property should be inserted into the agreement. Councilmember Koch suggested that the changes be made and initialed in the proposed agreement. City Attorney Hart stated that the purpose of tonight's discussion is to provide direction to the realtor - whether this is done by a new agreement or changes in the original. The prospective purchaser, Tim Peterson, stated that he basically agrees with everything but was concerned that they would have to wait until after the next Council meeting to finalize the agreement. Councilmember Blesener moved to direct the city's realtor to prepare a counter offer to the Petersons, incorporating the language revisions as set forth in the Administrator's memo dated March 13, 1992 and to authorize the Mayor to execute a purchase agreement if it embodies the changes suggested by the Mayor. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Council acknowledged a memo from the City Administrator informing Council that former Receptionist Maria Karels has asked to be reinstated to the position. Councilmember Cummins moved to reinstate Maria Karels as Receptionist/Clerk-Typist, effective as soon as is reasonably possible. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ST. THOMAS TENNIS Council acknowledged a request from St. COURT REQUEST Thomas Academy to again reserve the Friendly Hills and Rogers Lake parks tennis courts for the boys 1992 tennis season (April 1st to June 1st). The request is for use of the courts from Monday through Friday from 3:15 p.m. until 5:15 p.m. Council also acknowledged an Page No. 32614. March 17, 1992 associated memo from Administrative Assistant Batchelder. Councilmember Blesener pointed out that the City does have other reciprocal arrangements with St. Thomas, and that the Academy still allows city youth groups to use their ballfields. Mayor Mertensotto agreed, stating that St. Thomas has allowed the city to use its facilities for years without cost or restriction. Councilmember Cummins stated that he has problems with tying up all four courts in the southeast area. He stated that he would have less objection if the hours were from 2:30 to 4:30, and that he sympathizes with the school's financial problems, but that two years ago they had asked for temporary arrangements. He also stated that he would have no objection if the reservation was restricted to the Rogers Lake courts. Councilmember Blesener suggested that the request be tabled to the next meeting. She felt that denial of the request could have a major impact on the school's program this season. She also did not feel that the reservation necessarily has to be a temporary situation given the on-going reciprocal relationship. Councilmember Cummins responded that he has had comments from Friendly Hills and Delaware Crossing residents who would have liked to use the courts in the past but could not. Administrative Assistant Batchelder responded that he had one complaint about the use of the Friendly Hills courts two years ago but none since. Councilmember Blesener suggested approving the request for Rogers Lake and discussing the matter further with representatives of the school if they absolutely need Friendly Hills as well. She pointed out that the school could certainly use the courts on a first- come, first-served basis. Councilmember Blesener moved to approve the reservation of the Rogers Lake tennis courts Page No. '3265 March 17, 1992 and use of the Friendly Hills courts on a first-come, first-served basis,,and to invite the St. Thomas representatives to a future meeting to discuss the matter if the arrangement is unworkable. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further questions or comments, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:36 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor