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1991-08-20 Council minutesPage No. 3088 August 20, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 20, 1991 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, Koch and Smith. Councilmember Cummins had notified the Council that he would be absent. AGENDA.ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the July 16, 1991 regular meeting with correction. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved approval of the minutes of the August 6, 1991 regular meeting with corrections. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith moved approval of the minutes of the August 7, 1991 adjourned meeting with correction. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting, revised to remove item 51, St. Thomas Academy request to operate motorized boat on Rogers Lake, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 13th Park and Recreation Commission meeting. Page No. 3089 August 20, 1991 b. Acknowledgment of the Treasurer's monthly report for July. c. Adoption of Resolution No. 91 -45, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6F (SIBLEY ATHLETIC COMPLEX)," authorizing final payment of $16,583.15 to GMH Asphalt Corporation for work completed on the project, and acknowledging an assessment against the contract of 10 days of liquidated damages. d. Adoption of Resolution No. 91 -46, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR BRIDGEVIEW SHORES 3RD ADDITION." e. Acknowledgement of a letter from Ms. Margaret Perron requesting the deferment of assessments levied against 2370 Highway 55 (Parcel No. 27- 04100 - 017 -36) in the Furlong area assessment roll and adoption of Resolution No. 91 -47, "RESOLUTION DEFERRING PAYMENT OF ASSESSMENT (IMPROVEMENT NO. 86, PROJECT NO. 4), conditioned upon payment of the assessment in full plus accrued interest at the time of property sale." f. Adoption of Resolution No. 91 -48, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,030,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991," and Resolution No. 91 -49, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,015,000 GENERAL OBLIGATION PARK BONDS OF 1991." g. Adoption of Resolution No. 91 -50, "RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE." h. Adoption of Resolution No. 91 -51, "RESOLUTION ADOPTING PROPOSED BUDGET," adopting the Administrator's proposed budget as the preliminary budget for 1992. i. Adoption of Resolution No. 91 -52, "RESOLUTION APPROVING TENTATIVE 1991 LEVY COLLECTIBLE IN 1992." Page No. 3090 August 20, 1991 3. Adoption of Resolution No. 91-53, "RESOLUTION APPROVING FINAL 1991 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 1992.11 k. Adoption of Resolution No. 91-54, "A RESOLUTION REVISING SCHEDULE OF FEES FOR PLANNING SERVICES." 1. Approval of the list of contractor licenses dated August 20, 1991 and attached hereto. m. Approval of the list of claims dated August 20, 1991 and totalling $396,935.89. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 ST. THOMAS ACADEMY Council acknowledged a request from Mr. Joe REQUEST Reyman, Chairman of St. Thomas Academy's Science Department for a variance from Ordinance No. 1201 to allow the school's environmental studies class to operate a motorized pontoon on Roger's Lake during specific time periods to allow scientific testing of water and lake bottom samples. Council also acknowledged an associated report from the Public Works Director, in which Council was informed that as part of the City's Watershed Management Organization plan the City must begin monitoring some of its lakes. Information which would be available as the results of the St. Thomas testing would satisfy monitoring requirements for Rogers Lake. Mayor Mertensotto stated that the ordinance prohibits motorized boats and if Council were to approve the request it should be in the form of an exemption rather than a variance. He informed the audience that the ordinance was adopted many years ago when a developer proposed a marina/apartment complex on Roger's Lake. At that time the prohibition caused many problems, and he does not want to go back to allowing motorized boats. He felt that given the scientific purpose of the St. Thomas request Council could grant an exemption with restrictions. Although the request is for testing twice weekly from September through November and April and May, he suggested that the exemption should only be granted through Page No. 3091 August 20, 1991 November. If St. Thomas adheres to the restriction, they could request the exemption for April and May on a consent agenda next year. Administrator Lawell stated that Mr. Reyman intends to only perform the lake testing on Tuesdays and Thursdays from 1:00 to 3:00 P.M. and that he plans to notify all owners of property around the lake in advance of using the pontoon on the lake. Mr. Reyman and another instructor will operate the boat. He has also promised to provide the test results to the City. Councilmember Blesener indicated that she sees no problem with limiting the number of hours per week but feels it would be inappropriate to limit the testing to September-November. Mayor Mertensotto responded that if Council places the September-November limit on testing and submission of the test results to the City is not forthcoming, additional testing in the spring could be refused. Councilmember Smith stated that while the cause is worthwhile, she has had calls from residents about motorized boats and would prefer that St. Thomas find some other means of taking the samples. She stated that while she is very much in favor of the project she is opposed to allowing motorized boats on City waterbodies and will not vote in favor of the request. Councilmember Blesener moved to approve an exemption to Ordinance No. 1201 to allow the St. Thomas Academy Science Department to operate a motorized pontoon on Rogers Lake for the purpose of scientific analysis of the water and lake bottom samples for Academy and public purposes with the restrictions that the testing occur only on Tuesdays and Thursdays between 1:00 and 3:00 P.M. from September through November, 1991, that the testing results be provided to the City, and that if any abuse of the exemption occurs the exemption will be terminated. Councilmember Koch seconded the motion. Ayes: 3 Nays: 1 Smith Page No. 3092 August 20, 1991 1990 AUDIT Mr. Steve Laible, from Peat Marwick, reviewed the 1990 City Financial Statement. BID AWARD, MENDOTA Council acknowledged a report from Civil HEIGHTS ROAD Engineer Klayton Eckles regarding bids received for Mendota Heights Road improvements (I -35E to Dodd Road) and recommendation that the bids be rejected. Engineer Eckles informed Council that the low bidder could not guarantee a completion date this year because of a pipe shortage. He informed Council that staff sees no good reason to award the bid and have the road torn apart this year if con- struction cannot be completed until next year. Councilmember Blesener moved adoption of Resolution No. 91 -55, "RESOLUTION RECEIVING AND REJECTING BIDS FOR IMPROVEMENTS FOR MENDOTA HEIGHTS ROAD (PILOT KNOB ROAD TO TRUNK HIGHWAY 149) (IMPROVEMENT NO. 91, PROJECT NO. 4).11 Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 HEARING - BRIDGEVIEW Mayor Mertensotto opened the meeting for the SHORES 2ND ADDITION purpose of a public hearing on the proposed ASSESSMENTS assessment roll for the Bridgeview Shores 2nd Addition public improvements. Engineer Eckles reviewed the project and proposed assessments for Council and the audience. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 91 -56, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE BRIDGEVIEW SHORES 2ND ADDITION (IMPROVEMENT NO. 90, PROJECT NO. 1)." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 3093 August 20, 1991 CITY HALL CONSTRUCTION Council acknowledged a memo from Treasurer CONTRACT Shaughnessy regarding a request from the Joseph Company for payment of $11,000 on the City Hall construction contract and deficiencies still unresolved in the building and drainage system. Architect Bob Pierce and Joseph Wagner, general contractor, were present for the discussion. Mr. Pierce stated that the list of items which needed correction has been reduced to two, the water problem at the back of the building and water penetration in the exercise room and squad room. He informed Council that although the Joseph Company had excavated and replaced fill along the foundation on the south side of the building but that water continues to penetrate the building - water drains through the landscaped rock bed. He stated that in his opinion installation of gutters around the entire south face of the building (including the canopy) is the only way to solve the problem and that down spouts will be necessary to take water into the underground drainage system. He informed Council that Lindberg- Pierce is confident that gutters are the only solution and is willing to participate in the cost of the gutters. Quotes for gutters last fall varied from a low of $4,900. He suggested that the cost be split 50/50 between his firm and the City, perhaps limiting the City participation to $2,500. Responding to a question from Mayor Mertensotto, Mr. Wagner stated that his firm had begun to repair the damage in the squad and exercise rooms but quit when it was discovered that water was still penetrating the foundation - water is ponding in the rock bed and creates pressure against the wall. The normal design of a 1:12 pitch allows water to be carried away, but that pitch does not prevail in this area. He agreed that gutters will solve the problem. Councilmember Blesener asked if staff has had any independent consultants look into the problem. Administrator Lawell responded that they have not, but have met many times with the architect and contractor. He stated that for practical reasons staff did not have all of the excavation done that could have been done and that perhaps all remedies have not been exhausted. Ayes: 4 Nays: 0 Page No. 3094 August 20, 1991 Mr. Pierce stated that the only possible solution other than gutters is to put some hard surface materials in the planting area. Councilmember Smith stated that it appears that gutters will be deterrent but wondered if they will actually solve the problem. Mr. Pierce responded that taking water away from the building is the important issue. He informed Council that he has asked Guy Kullander to get a price for installing a catch basin to relieve ponding in the low area to the north of the building and his firm will take care of it. With respect to punch list item 4, (furnishing and installing curbs adjacent to the Police Department entrance) Mr. Pierce stated that he hopes that once the catch basin is in this issue will resolve itself. With respect to release of the requested $11,000, his concern is that work remaining to be done may cost more than the amount the City will retain. Mr. Pierce responded that the City would still be retaining $5,000 from Joseph's contract and his firm has about $4,000 of unbilled fees. Mr. Pierce suggested that the gutters be pre-finished (color). After discussion, Councilmember Smith moved to accept the proposal from Mr. Pierce and release $11,000 of the contract retainage to the Joseph Company and to proceed with installation of gutters as proposed, the gutter installation and remaining punch list work to be completed as soon as possible, with City cost participation to the extent of $2,500 for installation of pre-finished gutters of an adequate size along the south face of the building, the architect to be responsible for installation of a catch basin and drain way on the north side and the contractor to be responsible for repairing the water damage in the lower level of the building as soon as the drainage problem is resolved. Councilmember Koch seconded the motion. Councilmember Blesener stated that the problems are the result of design and grading errors. She further stated that although Page No. 3095 August 20, 1991 reluctant to do so, she voted in favor of the motion because it is time to resolve the problems. CENTEX (KENSINGTON II) Council acknowledged and discussed a report from the City Administrator and the proposed developer's agreement for Kensington Phase II. City Attorney Hart reviewed a memo detailing three revisions to the agreement related to Claremont Avenue: a thirty foot minimum building setback; a 28 foot street width; and parking only on one side with the stipulation that no vehicle be permitted to park on Claremont for more than 24 hours at a time. He stated that the developers have agreed to show the 30 foot setback and 28 foot street width on the final plat. He briefly reviewed two proposed, non-substantive changes, to the draft agreement. Mr. John Bannigan, legal counsel for Centex, was present for the discussion. Mr. Bannigan stated that the developers do not disagree with the parking restriction and consider it an appropriate health safety requirement. In response to a question from Councilmember Smith, Attorney Hart reviewed the agreement language with respect to performance bond requirement. It was agreed that the paragraph relating to the date and filing of the application by the developers be revised to read: "Whereas, the Developers by Application dated and filed February 8, 1990, as amended, have applied... Mr. Bannigan stated that a requirement that the final plat be recorded immediately after approval has not been discussed with the developers and that he cannot agree to the condition. After considerable discussion over the requirement for immediate filing of the plat after approval, action with respect to approval of the developers agreement was tabled to September 3rd. DOWNTOWN MENDOTA Council acknowledged a report from Public HEIGHTS Works Director Danielson regarding a preliminary layout for future construction of Page No. 3096 August 20, 1991 a ring road around the Mendota Plaza and central business area and bridge over T.H. 110 and the proposed designation of the route as M.S.A. Mayor Mertensotto pointed out that the sketch being presented this evening is not intended to be final - in the past there had been a suggestion for a full-diamond, which could be incorporated into the design at a future time. He informed the audience that the design is not important at this time, but that what is important is to submit a preliminary plan and request to Mn/DOT for MSA funding consideration. Councilmember Blesener stated that Council has discussed this issue many times in the past and again during the budget workshop, and the only reason action has not been taken in the past was that there did not appear to be a funding mechanism. Dr. Tom Koepke, representing the Mendota Heights Animal Hospital, stated that he is in the process of having concrete curb installed along Freeway Road. The proposed roadway plan shows Freeway Road ending in a cul-de-sac. He asked for some assurance that the roadway will remain in its same location along his property since the curbing, which the City asked him to install, will be four feet from the existing road. He asked for some assurance that the curbing will not need to be torn out. He presented a drawing to Council. Councilmember Blesener responded that the City will certainly work with Dr. Koepke, and that if the City ends up moving the road, she would think that Dr. Koepke will be given a credit for the curbing. Mr. Brian Birch presented and reviewed a two page list of concerns about the design, and showed the Council photographs of the area. He stated that he was apparently the only property owner notified of the proposed plan and that Friendly Hills residents he has contacted oppose the proposal. He stated that although he would receive the most benefit from the proposed road because his property would front on both sides of it, he opposes it. Page No. 3097 August 20, 1991 Councilmember Blesener pointed out that the issue this evening is the designation of an MSA street and not the design. She stated that it is Council's role to preserve and enhance the quality of life for the entire community and that Council must consider pedestrian and vehicular access across the highway and the potential development of a central business district. She stated that it is her position that the City must develop a safe bridge crossing over the highway and that Council should take steps towards the MSA funding mechanism. She pointed out that Council is only considering a loop road to provide a bridge over T.H. 110 and that it is absolutely not part of the plan to extend the roadway through Friendly Hills. Mr. Steve Marx, 745 Hilltop, stated that he does not see the benefit, and does not see how creating a second access to the shopping center will make it better. Mayor Mertensotto explained that traffic on T.H. 110 was 28,000 average trips per day before 1-494 was opened and that it is anticipated that traffic on T.H. 110 over the next 20 years will increase to at least that level. He pointed out that the Council has always wrestled with how to get a safe pedestrian and vehicular crossing across T.H. 110 and also that when the city is fully developed some kind of neighborhood shopping center will be needed. He stated that the Mendota Plaza provides a nucleus now but that one of the problems has been access. He informed Mr. Marx that these problems were addressed in a downtown study prepared in 1979 but nothing was done because there was no funding mechanism available. Councilmember Blesener stated that before I- 494 was completed, the intersection of Dodd and T.H. 110 was notoriously dangerous and that Council wants to avoid a similar situation when traffic increases to the pre-I- 494 levels. Mr. Marx informed Council on drainage problems which the City has been trying to correct and expressed concern over how the layout would affect drainage on his property. Council directed that the matter be referred to the Ayes: 4 Nays: 0 Page No. 3098 August 20, 1991 Public Works Director and that Mr. Marx be kept informed on plans for the roadway. Dr. Koepke stated that he appreciates Council's concern over safety and pointed out that it is very dangerous for children to cross the highway. Mrs. Lorraine Hohenstein stated that she agrees with some of the points raised by Mr. Birch but that she understands Council's reasons for wanting to pursue the ring road, and agrees that the Dodd/T.H. 110 intersection is very dangerous. She asked why the road would have to run across the south end of her property and disturb it when there is sufficient space available in the state right- of-way. Council directed her comments to the engineering staff. Mrs. Hohenstein informed Council that if a roadway is built she would like to develop her property as commercial, which it was zoned at one time. Councilmember Blesener stated that she would like to see a master plan developed including the type of zoning that would..have to be put in place, and include the Hohenstein property in that discussion. Councilmember Blesener moved to approve the preliminary layout for a downtown Mendota Heights MSA ring road and to direct staff to submit the plan and the proposed letter of request for MSA (with a corrected date) to the Department of Transportation. Councilmember Smith seconded the motion. Mr. Birch asked that he be appointed to serve on any future committee formed to discuss the proposed road. DISPOSITION OF Council acknowledged a memo from Treasurer CITY OWNED PROPERTY Shaughnessy regarding disposition of the City- owned properties (houses) at 2455 Highway 55, 1305 Kendon Lane and 1306 Kendon Lane. Staff was directed to advertise for bids for the purchase and removal of the house at 2455 Highway 55. It was the consensus of Council that staff be directed to have sewer and water connections Page No. 3099 August 20, 1991 installed for 1305 Kendon Lane and 1306 Kendon Lane. Staff was directed to offer the homes to two of the current owners on Rogers Road and, if there is no interest, to contact realtors to request proposals for handling the sale of the properties. AIRPORT UPDATE Administrator Lawell reviewed his report regarding MSP Airport issues for Council and the audience. Mayor Mertensotto suggested that an article on Part 150 soundproofing funding be included in the next City newsletter. BUDGET/TRUTH IN Councilmember Blesener moved that a hearing TAXATION HEARING on the 1992 proposed budget and truth in taxation be conducted on December 3rd and that December 17th be an alternate date for the hearing. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council that he has contacted Mr. Harry Kirchner with respect to City acquisition of the Fischer's 66 property but that Mr. Kirchner's purchase price is unrealistic. Councilmember Blesener stated that she had received a call from a resident concerned about the safety of the new swingsin the parks. Councilmember Koch stated that she had also received a call from a parent whose child was injured and that the concern is over a metal glider swing which is handicapped accessible. Staff was directed to have the playground designers look into the matter and determine whether the problem is the proximity to other swings and if they can be padded. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the Page No. 3100 August 20, 1991 meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:55 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL August 20, 1991 Concrete License Lund, Gordon Gas Piping License Oak Grove Mechanical General Contractors Licenses D. G. Construction North Star Fence Company Sawhorse, Inc. Wescot Const. & Develop., Inc. Plaster License Spra -Tex Enterprises