Loading...
1991-05-21 Council minutesPage No. 3003 May 21, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 21, 1991 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 Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes, of the May 7, 1991 regular meeting with correction. Councilmember Koch 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 the minutes of the May 14, 1991 Parks and Recreation Commission meeting. b. Acknowledgment of the Fire Department monthly report for March. C. Acknowledgment of the Fire Department monthly report for April. d. Acknowledgment of the Treasurer's monthly report for April. e. Authorization for the issuance of a purchase order to Action Enterprises, Inc., for tennis court resurfacing and repairs, for their low quote of $7,100. Page No. 3004 May 21, 1991 f. Award of the contract for 1991 seal coating to Struck & Irwin Paving, Inc., for their low bid of $27,870. g. Acknowledgment of a letter from Mr. & Mrs. E. Eilers, 741 Decorah Lane, requesting the improvement of Decorah Lane, along with an associated report and recommendation from Public Works Director Danielson. h. Approval of the list of contractor licenses dated May 21, 1991 and attached hereto. i. Approval of the list of claims dated and totalling $306,672.14. j. Adoption of Resolution No. 91 -26, "RESOLUTION URGING THE METROPOLITAN AIRPORTS COMMISSION IN THE FEDERAL AVIATION ADMINISTRATION TO IMMEDIATELY IMPLEMENT THE BLUE RIBBON CORRIDOR TASK FORCE RECOMMENDATION." Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Virgil McQuay complained about motorcycles on City pedways and asked that signs stating rules for use be placed on the pedways. Staff was directed to prepare a press release regarding the restriction on motorized vehicles on pedways and explore the possibility of signage. Mr. McQuay also complained about maintenance of the grass areas along the pedways and branches and trees which have not been removed by the City on the property near Royal Redeemer Church. He further stated that he wants to file a claim with the City for replacement of some of his trees and flooding on his property. Mayor Mertensotto informed Mr. McQuay that he should submit a written claim and the City will respond to it. SOCCER FIELD REQUEST Mr. Keith Campbell and several Sibley Sting soccer coaches were present to discuss their concern that there are no existing soccer fields for children over 12 years old, and the Mendakota Park plan does not include soccer fields. Page No. 3005 May 21, 1991 Mr. John Bruder informed Council that the Sibley Sting travelling soccer program was started last year and that there are about 150 participants in the program, with 225 anticipated in 1992. He stated that the Sting can't represent the community well unless it has good fields to play on, but there is not a single dedicated soccer field in the City and no place to practice in the summer. He asked that Council reconsider the design for Mendakota to include a full-size soccer field rather than the proposed 40 by 80 yard field. Councilmember Blesener stated that there are four baseball/softball fields planned for Mendakota and open space that was defined for soccer. The Citizens Park Review Committee did research on needs but there was a very strong lobby for youth baseball and for softball but very little lobbying for soccer. She felt that it is very timely that the soccer group come before Council now. She stated that the Mendakota Park softball fields were designed as a group of four to provide for growth in league play and felt that two of the fields could be used for soccer. The soccer field could be relocated when the City has its third park site and then softball can return to the interim soccer area at Mendakota Park. Mayor Mertensotto asked what would happen to the Mendakota Park project contract currently under way. Councilmember Blesener stated that change orders can be made to the contract. Park Project Manager Guy Kullander stated that the mass grading of the Mendakota fields has been completed and the black dirt has been spread. The dirt would have to be removed and the area would need to be re-graded and drainage would have to be changed so that the area drains properly for soccer. He anticipated the cost would be between $10,000 and $20,000 and the change would eliminate one softball field. Mr. Kullander was directed to review the possibility and report back to Council on June 4th. Mayor Mertensotto stated that he would be willing to call a special meeting if necessary so that the contractor does not get Page No. 3006 May 21, 1991 too much work done at the site to allow for change orders. Councilmember Smith stated that Council would want to be sure that grading done for soccer would accommodate a softball field and sprinkler system in the future. Councilmember Cummins asked where the Sibley soccer field is. Mr. Campbell responded that there are two soccer fields below the high school, one for girls and one for boys' varsity, but the fields are currently used as the softball outfield. Councilmember Blesener stated that she would like Council to indicate a preference to accommodate the need for a full -sized soccer field at the Mendakota Park complex. Mayor Mertensotto responded that the idea is good but that the City has a contract for Mendakota Park which would be subject to a major change and that Council should first know what the impact of the change would be. Councilmember Cummins asked Mr. Campbell if it would be more valuable if two full -sized fields were constructed in the Kensington Park. Mr. Campbell responded that the need for two fields will depend on how well the program does, but that one field is needed now - the soccer group is looking for something for next year. Mr. Kullander suggested that the School District could transfer softball to the Sibley Park complex in June and the Sting could perhaps use the Sibley soccer fields. Mr. Mike Kluznik stated that he served on the 25 member citizen committee and would like to commend Councilmembers Cummins and Blesener for speaking on behalf of soccer needs. He stated that he spent many hours on the soccer sub - committee and it went nowhere. He stated that the referendum package put together two years ago included an excellent program for soccer and that he was demoralized last year when he realized that with the Kensington problems soccer would go nowhere. He informed Council that the Sibley Sting has an excellent program and players and came in second in the Page No. 3007 May 21, 1991 state even though they had to scramble for fields. It was the consensus that Councilmember Blesener, Parks Commission Chair Huber and Parks Project Manager Kullander meet to discuss the matter and report back to Council. SOUTHEAST AREA REPORT City Planner Tim Malloy reviewed his interim report on the southeast area scoping study and responded to Council questions. Mayor Mertensotto was excused at 9:00. Mr. Bob Byers, from SEH, reviewed traffic information. Acting Mayor Blesener asked that the consultant compile a matrix of traffic numbers in the 1985 Southeast Area study as they compare to the information in the current report. MENDAKOTA PARK BIDS Council acknowledged a memo from Parks Project Manager Guy Kullander regarding quotes received for Mendakota Park play equipment and recommendations that a drinking fountain be installed in the park for a cost not to exceed $2,500 and that a three compartment stainless steel sink be installed in the concession building at a cost not to exceed $1,000. Ayes: 4 Nays: 0 Mr. Kullander reviewed drawings of play equipment proposed for the park and recommending that the play equipment bid be awarded to Earl F. Anderson Company, for $70,000, and that additional play equipment components, totaling $5,186, be added to the Anderson design proposal. Councilmember Smith moved to direct staff to prepare a change order to direct the plumbing contractor for the Mendakota Park buildings to delete the single compartment NFS sink and install a three compartment NFS approved sink in the Mendakota Park concession building at a cost not to exceed $1,000 and to authorize installation of a drinking fountain for a cost not to exceed $2,500. Councilmember Koch seconded the motion. Councilmember Cummins moved to award the contract for Mendakota Park play equipment, Page No. 3008 May 21, 1991 Ayes: 4 Nays: 0 CABLE TELEVISION Council acknowledged a report from Administrator Lawell regarding a proposed amendment to the Cable Television franchise ordinance with respect to narrow-casting and potential NDC-4 construction of a combined community television studio/administrative office facility. NDC-4 Chair Ken Henderson gave Council a history of the Commission. He informed Council that he and other representatives of NDC-4 are present to review a requested amendment to the cable franchise ordinance with respect to narrow-casting. Ms. Holly Hanson, NDC-4 Executive Director, informed Council that Continental Cablevision has indicated that they will trade channels so that government access channels can be next to each other. The channel provisions will not be part of the ordinance since the NDC-4 cannot require it under the franchise, but there will be a side agreement. Councilmember Cummins asked what the cities are foregoing in their abilities to use narrow casting in the future if they now agree to two adjacent channels. Ms. Hanson responded that all of the cities could cablecast live on the same channel (to their own communities) at the same time if narrowcasting were available. That is not possible without narrowcasting. She pointed out that NDC-4 has not permanently signed off on narrow-casting - the letter of agreement provides that Continental or its including the additional components recommended by the Park Project Manager, to Earl F. Anderson Company for a total cost of $75,186.00. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING - ST. PETER'S Council acknowledged a memo from the Public CHURCH UTILITIES Works Director recommending that the hearing on the proposed extension of public utilities to St. Peter's Church and adjacent areas be continued to June 4th. Councilmember Smith moved that the feasibility hearing be continued to June 4, 1991. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CABLE TELEVISION Council acknowledged a report from Administrator Lawell regarding a proposed amendment to the Cable Television franchise ordinance with respect to narrow-casting and potential NDC-4 construction of a combined community television studio/administrative office facility. NDC-4 Chair Ken Henderson gave Council a history of the Commission. He informed Council that he and other representatives of NDC-4 are present to review a requested amendment to the cable franchise ordinance with respect to narrow-casting. Ms. Holly Hanson, NDC-4 Executive Director, informed Council that Continental Cablevision has indicated that they will trade channels so that government access channels can be next to each other. The channel provisions will not be part of the ordinance since the NDC-4 cannot require it under the franchise, but there will be a side agreement. Councilmember Cummins asked what the cities are foregoing in their abilities to use narrow casting in the future if they now agree to two adjacent channels. Ms. Hanson responded that all of the cities could cablecast live on the same channel (to their own communities) at the same time if narrowcasting were available. That is not possible without narrowcasting. She pointed out that NDC-4 has not permanently signed off on narrow-casting - the letter of agreement provides that Continental or its Ayes: 4 Nays: 0 Page No. 3009 May 21, 1991 successor may be required to provide narrowcasting capability in the event of sale by Continental, reconstruction or contract renewal. NDC-4 legal representative Mike Sokol reviewed the provisions of the proposed ordinance amendment for Council. He stated that at least five of the seven communities in NDC-4 must adopt the ordinance. Acting Mayor Blesener asked if the $200,000 net gain is proposed to be applied to construction of a new facility. Mr. Henderson responded that at the beginning of the negotiations with Continental, the NDC-4 agreed it would not discuss the disposition of any settlement until the,agreement is signed, so use of the settlement is an open issue. Councilmember Smith stated that as the Council's representative on the NDC-4, she would welcome input from Council as to disposition of the settlement. It was pointed out that the franchise ordinance amendment must be published before it can become effective. Mr. Ron Rogosheske, the Mendota Heights citizen representative on NDC-4 stated that in view of the fact that Continental has made the gesture for using channels 18 and 19 simultaneously for government access plus the good relationship between NDC-4 and Continental and the potential for narrowcasting in the future, he felt that the proposed agreement is very good for the cities. Councilmember Cummins moved to approve the Geographic Narrowcasting Letter of Agreement, subject to withholding publication of the ordinance amendment until action to approve the amendment has been taken by at least five of the seven NDC-4 member cities, and contingent upon written commitment from Continental that Channels 18 and 19 will be the dedicated government access channels. Councilmember Smith seconded the motion. Ms. Hanson reviewed her letter regarding the Commission's investigation of the possibility Page No. 3010 May 21, 1991 of combining an NDC-4 community television studio and facilities with its administrative offices. Continental's forgiveness of the repayment of any and all prepaid franchise fees by NDC-4, as is a provision of the proposed letter of agreement, will help the Commission in its budgeting. She stated that the Commission has established a committee to find out which of the member cities would like to have the proposed facility located in their communities. The Commission is looking at all options, including leasing and building. Although the letter to the City speaks to the possibility of inclusion of $500,000 in a city bond issue to help NDC-4 finance its facility, the Commission is not specifically interested in bonding. The Commission is however attracted to the possibility because interest rates would likely be lower. Councilmember Cummins asked what current franchise fees and revenues are. Ms. Hanson responded that the franchise fee is 5%, and revenue in 1990 was $270,000. Treasurer Shaughnessy informed Council that inclusion of financing for NDC-4 as part of a City bond sale might present legal problems, depending on the type of issue being approved at the time. He stated that he would be willing to work with the Commission to explore their options and help determine what would be best. Mr. Henderson stated that the Commission's financing would have to piggyback on a city issue. What the NDC-4 is asking at this time is whether Mendota Heights would consider such a proposal if the Commission selects a site in the city. Councilmember Cummins stated that the Commission's television studio is in Mendota Heights now and that he would like to keep the door open to keeping the facility here. Acting Mayor Blesener agreed, stating that she thinks the proposal is a good example of potential for cooperation between public and non-profit agencies. Mr. Rogosheske stated that asbestos removal in the area of the Sibley High School where the NDC-4 television studio is located is scheduled for June, 1992, and there is Page No. 3011 May 21, 1991 therefore some urgency for the studio to be relocated. CAT CONTROL ORDINANCE Council acknowledged a memo from Administrative Assistant Batchelder regarding constituent requests for a cat control ordinance. Discussion on the matter was tabled to June 4th. MENDAKOTA PARK Council acknowledged a memo from Administrative CONCESSIONS Assistant Batchelder regarding the operation of the Mendakota Park concession area. Council also acknowledged a proposal to operate the concession building from Mr. & Mrs. Gene Will. Acting Mayor Blesener stated that although the proposal from the Wills looks good, her preference would be to allow various civic groups to come forward with some type of proposal of their own before considering contracted service. Councilmember Cummins stated that the Park Commission should be encouraged to look at a full range of options and make a recommendation. Councilmember Cummins moved to refer the matter to the Park and Recreation commission for further study in accordance with the direction of Council. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADOPT-A-PARK Administrative Assistant Batchelder reviewed his memo and recommendation regarding the initiation of an Adopt-A-Park program, modeled after the Mn/DOT adopt-a-highway program. Acting Mayor Blesener stated that she feels the program is a wonderful idea but that she is concerned about the tone of the terms and conditions of the proposed agreement form. She pointed out that Girl Scout leaders, as an example, are not empowered to sign such an agreement. Attorney Hart stated that in a Mn/DOT context, volunteers would likely be closer to streets picking up trash, as opposed to community business, parks or harmless but from it would Page No. 3012 May 21, 1991 Bs and other organizations cleaning up trail sections. He felt that a hold clause may please the city's insurer a practical aspect he did not think provide much. Councilmember Smith felt that the program is a good idea and a good opportunity for citizens to get involved in the community. Councilmember Koch moved to approve the Adopt- A-Park program with revisions in the form with respect to liability and tone. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 ZONING ORDINANCE Council acknowledged a report from the City RECODIFICATION Clerk regarding the status of the Zoning Ordinance recodification project. Councilmember Cummins felt that the list of permitted B-2 uses should remain as they now exist in the Zoning ordinance since there is no realistic possibility of redevelopment of the Curley site at the present time. He stated that he recognizes that there are two new Council members who have not had much opportunity to review the document but suggested that the ordinance be referred to the Planning Commission for public hearing. Councilmember Smith stated that she would appreciate the opportunity to discuss why some items are in the document and how they affect the city before any action is taken. It was the consensus that Councilmembers Smith and Koch meet with staff to review the ordinance and that action be tabled to June 4th. TARGET ISSUES Council acknowledged a memo from the City Administrator regarding the proposed 1991 City Target Issues list. Councilmember Smith asked that the park referendum target list be expanded to reflect the need for future acquisition of park land and the need for a tot lot between T.H. 110 and Marie and Dodd and Delaware. She pointed out that Council had discussed the youth facility as it relates to the Sibley Park felt that Council should further discuss where it should be located. Page No. 3013 May 21, 1991 Acting Mayor Blesener pointed out that the list of city Target Issues identifies park and recreation program needs and stated that she would like to see cooperative efforts on programming pursued. She also stated that staff training should be an on-going need and that the city should always avail itself of training opportunities. Councilmember Cummins felt that there are two other areas of promise - environmental and inspection opportunities. He felt that in the longer term there may be a cost savings in doing joint inspection. He stated that he is not sure what the city is currently capable of doing in the environmental area but that cooperative effort might also provide a savings to the city. Council expressed its support for intergovernmental cooperation and directed staff to pursue the matter further. RESPONSES TO COUNCIL Council acknowledged a report from COMMENTS Administrative Assistant Batchelder responding to Council comments about standing water on the Ivy Hills Park basketball court and the low level of the Valley Park ballfield outfield. Acting Mayor Blesener stated that the Valley Park infield drops off abruptly into the outfield and directed that staff look at the Valley Park field again. Councilmember Cummins moved adoption of the target issues with the amendments proposed by Councilmember Smith. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 INTERGOVERNMENTAL Council acknowledged a memo from Administrator COOPERATION Lawell regarding a list of potential shared/consolidated service options which was compiled by the Dakota County City/County Managers' group. Administrator Lawell reviewed the areas where cooperation is feasible and perhaps desirable. Those areas are: dispatch services, staff training, benefit design/group insurance, park and recreation activities and public works/snow removal. Acting Mayor Blesener pointed out that the list of city Target Issues identifies park and recreation program needs and stated that she would like to see cooperative efforts on programming pursued. She also stated that staff training should be an on-going need and that the city should always avail itself of training opportunities. Councilmember Cummins felt that there are two other areas of promise - environmental and inspection opportunities. He felt that in the longer term there may be a cost savings in doing joint inspection. He stated that he is not sure what the city is currently capable of doing in the environmental area but that cooperative effort might also provide a savings to the city. Council expressed its support for intergovernmental cooperation and directed staff to pursue the matter further. RESPONSES TO COUNCIL Council acknowledged a report from COMMENTS Administrative Assistant Batchelder responding to Council comments about standing water on the Ivy Hills Park basketball court and the low level of the Valley Park ballfield outfield. Acting Mayor Blesener stated that the Valley Park infield drops off abruptly into the outfield and directed that staff look at the Valley Park field again. Page No. 3014 May 21, 1991 Councilmember Koch asked that staff look into the possibility of installing drain the to resolve the Ivy Hills basketball court drainage problems. Administrator Lawell stated that the problem this spring has been for two reasons - the city's failure to breach the dike and the poor soils. He agreed that perhaps there may be an engineering solution, such as installing pipe, to resolve the problem. COUNCIL COMMENTS Councilmember Koch asked if there is a possibility of putting a snow fence at the City Hall ballfield site. Administrator Lawell responded that staff has asked the Park Commission to look at the issue of trying to extend the backstop in the past. He stated that the issue will again be brought to the Commission and that staff will report back to Council. Councilmember Smith stated that she has received a call from a resident concerned about seeing a boat on a small pond in the southeast area. Administrator Lawell responded that there is an ordinance restriction against the use of motorized watercraft but non-motorized boats are not restricted. Acting Mayor Blesener expressed concern over the need for benches at the elementary school ballfields. She stated that she hopes the school district would not object to city installation of benches and felt that the city should move ahead on the matter. Administrator Lawell stated that he expects to receive a letter from the District soon and will report back at the next Council meeting. Councilmember Cummins asked whether the Mendota School and Somerset School ballfields are included in the city's inventory of neighborhood ballfields. Administrator Lawell responded that the school district schedules the fields for use by Mend-Eagan and others. He informed Council that he has asked the district to provide him with information on how many hours of the day the fields are used for other than school uses to determine whether they are neighborhood ballfields in addition to school property. Page No. 3015 May 21, 1991 Councilmember Cummins felt that the fields are school district property and should be maintained and equipped by the school district and not the city. Acting Mayor Blesener stated that the fields are always counted among the city's fields. Councilmember Koch stated that she would not be averse to providing some benches in cooperation with the school district but would not be in favor of putting in improvements for the district. She felt that the school district is responsible for improvements. Councilmember Cummins stated that he would prefer not to move ahead until Council has a good update on where the city stands with respect to referendum funds and city needs. Councilmember Cummins asked whether businesses must be licensed to paint house numbers on curbs. Administrator Lawell responded that staff will research whether they must be licensed. He pointed out that there would be a concern if the firm is going door to door selling the service on the basis that it is endorsed/encouraged by the city. D.A.R.E. Acting Mayor Blesener congratulated the Police Department for its excellent D.A.R.E. program. ADJOURN There being no further business to come before the Council, Councilmeimber Koch moved that the meeting be adjourned to a closed session for discussion of the Pentel litigation. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:08 o'clock P.M. Kz(thleefi M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL May 21, 1991 Masonry License Heinlein, John-Const., Inc. Excavating Licenses Rauchwarter, Inc. Rose Sewer & Water Timmers Excavating Gas Piping License Standard Heating & A/C Co. General Licenses Frattalone, F.M.-Exc. & Grading, Inc. Goetz, Thomas-Construction Hybrid Enterprises, Inc. Miller, Joseph M.-Const., Inc. Pace Roofing & Construction Patio Enclosures, Inc. Sandau Construction Schwieters Construction, Inc. Tickner Construction, Inc. TreHus Builders Trowel Construction Twin City Storm Sash Co. Viking Automatic Sprinkler Co. Heating & Air Conditioning License Standard Heating & A/C Co. Sign Erecting Licenses Kaufman Sign Company SignArt Company