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1991-04-02 Council minutesPage No. 3011 April 2, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 2, 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, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting, further revised to move consideration of the Southeast Area land use study to section six of the agenda. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the March 5, 1991 regular meeting with correction. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved approval of the minutes of the March 19, 1991 regular meeting with corrections. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Koch 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 March 16th Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for March. c. Adoption of Resolution No. 91 -12, "A RESOLUTION OPPOSING THE SELECTION OF THE NORTHERN CANDIDATE SEARCH AREA AS THE NEW MAJOR AIRPORT SITE." Page No. 3012 April 2, 1991 d. Approval of the sale of the Fire Department rescue vehicle to the Cannon Falls Fire Department for their high bid of $10,649.00. e. Approval of the purchase of a sewer jet from Flexible Pipe Tool Co. for their low bid of $63,730.38 (after trade -in of the existing sewer jetter). f. Adoption of Resolution No. 91 -13, "RESOLUTION APPROVING FINAL PLAT FOR RIVERWOOD PLACE 2ND ADDITION." g. Approval of the list of contractor licenses dated April 2, 1991 and attached hereto. h. Approval of the list of claims dated April 2, 1991 and totalling $181,193.56. i. Approval of issuance of a purchase order for 2 1991 Chevrolet Caprice police vehicles from Grossman Chevrolet pursuant to State Contract M -3551, for a total cost not to exceed $25,796. j. Adoption of Resolution No. 91 -14, "A RESOLUTION AMENDING THE FINAL PLAN FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT RIVERWOOD PLACE," to allow a six foot sideyard setback for a monument sign, along with approval of the issuance of a permit for a sign consistent with plans dated March 15, 1991. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 SOUTHEAST AREA STUDY Council acknowledged a memo from the City Administrator regarding a proposal from City Planner Tim Malloy for reassessment of appropriate land uses in the Southeast Area. Mr. Malloy reviewed the proposal for Council and summarized the process proposed for re- examining the southeast area plan amendment. He explained that several things must be considered in the process, including: whether there were any errors in the original amendment; whether conditions have changed substantially since the amendment was adopted; Page No. 3013 April 2, 1991 issues with respect to airport operations; changes in surrounding land uses, including land uses changes in Eagan which have impacted traffic; and community consensus. He indicated that the study would take eight to ten weeks and would cost between $10,000 and $12,000, including a transportation engineering study by Short Elliot Hendrickson which is estimated to cost $2,850. Mayor Mertensotto stated that the study is not budgeted and he was not prepared for a $10,000 to $12,000 expenditure. He further stated that his concern for reassessment of the study was prompted by litigation on development in the area. He pointed out that two new Council members were elected since the initial study was completed and that MSP airport hubbing operations changes have caused a dramatic increase in air traffic over the area. He stated that it is clear that Council will never arrive at an agreement to permit what the Centex has requested for the area. The land is zoned R-1, and in one of the proposals submitted by Centex, single-family development was proposed east of the power line. He stated that he is not interested in doing a new study and that if there is some merit to the single family development proposal Council should explore it and proceed in getting the Comprehensive Plan amended in that direction. He did not think Council would be interested in the magnitude of the study proposed at this time but must see if there is a basis to negotiate between the city and the developer. He stated that he knows the land will not be developed entirely as single family, nor will it be what the developer wanted. He informed the audience that Mr. Malloy was asked to put together a methodology to study the area, but that what is proposed is much more accelerated and costly than is necessary. Mr. Malloy stated that it is important to make sure that any change to the plan be looked as thoroughly as possible to be sure conditions justify an amendment. Councilmember Cummins asked for costs for phase one of the proposal - basic analysis of the data through joint workshop with the Planning commission. Mr. Malloy estimated that part of the cost at approximately $3,000 to $3,500. Page No. 3014 April 2, 1991 Councilmember Cummins suggested that Council authorize the first phase and then decide whether it is appropriate to proceed further. There was discussion over the need for the SEH traffic study, and Mr. Malloy informed Council that he would reduce the scope of the SEH work to keep the total cost to $3,500. He informed Council that the study should be available by the first Council meeting in May. I Councilmember Blesener stated that she will not vote in favor of the study. She further stated that there is a Comprehensive Plan in place that covers everything Council could negotiate with the land owners. She felt that time and money would be better spent sitting down and negotiating with the developers. Mayor Mertensotto responded that protracted litigation is not in the best interest of the City or the developer, and felt that Mr. Malloy should be authorized to work on the study while the City negotiates with the developer. Mr. Dick Putnam, from Putnam Associates, and Mr. Tom Boyce, from Centex, were present for the discussion. Mr. Putnam stated that he has received a copy of the staff report and the proposal from Mr. Malloy and has questions as to what is prompting the study. Mayor Mertensotto responded that Mr. Malloy is appearing before Council at his request. He stated that many things have occurred since the southeast area amendment, including the loss of a referendum for a park on the Centex property. He further stated that one of the Centex proposals which was before the Planning Commission was a sketch outlining single family east of the power line and some west of the power line. He pointed out that he realizes that the developer asked for severe changes to the minimum lot area requirement, but independent of that, the proposal might be the basis for negotiations. Mr. Putnam stated that the original southeast amendment was far more extensive than he assumes is now proposed, and that $3,500 is not much for updating a comprehensive plan. He asked what information council will receive Page No. 3015 April 2, 1991 from this study that it does not already have if Mr. Malloy does not deal with traffic and does little analysis of the airport issue. He asked whether Mr. Malloy will look at information on the increase in flights over Copperfield, Hampshire and Kensington which will result from the narrowing of the flight corridor when he makes a recommendation on land uses based on increased overflights. Mr. Malloy responded that the corridor change will be addressed and that he would also be addressing the noise attenuation ordinance and whether the ordinance is what is best for the City. Mr. Putnam stated that there was a moratorium on development of Copperfield because the City was developing the noise attenuation ordinance, and it would be inconsistent to say that the southeast area study was driven by the freeway noise issue. He pointed out that there have been traffic studies as recent as the Anderson study for the recently proposed commercial development at Mendota Heights Road and T.H. 149, which showed a reduction in traffic from what was envisioned in the 1985 southeast area study. He asked what the purpose of the study is now as opposed to five months ago or two years from now. Mayor Mertensotto responded that it is driven by the fact that the City could be in litigation for a year or more, which will do no one any good, and that ultimately the analysis will help Council decide whether there is a basis for looking at the plan for single family development which the developers brought before the Planning commission before the litigation started. Councilmember Blesener asked why the City has not made any overtures to negotiation and stated that the basis of the proposed study will probably be information that is already available. Mayor Mertensotto responded that the study will determine the validity of the factors that were available when the southeast area study was done plus reflect what has changed since that time. Councilmember Cummins stated that without regard to the lawsuit the City has a piece of undeveloped property where circumstances have Page No. 3016 April 2, 1991 changed and that it seems an appropriate time to decide whether moving in the direction Council was moving in 1985 is still appropriate. He also pointed out that there are two new Council members who did not go through the debate over land use in the area. Mr. Putnam stated that the developers have provided streets, they withheld zoning so that the City could go to a referendum, utilities were installed and right-of-way for Mendota Heights Road was dedicated. He felt that it is unfair to compare his ten acre site at Dodd Road, which is totally undeveloped, to the Kensington site which is consistent with the Comprehensive Plan and is being developed. With respect to the residential development proposal, he stated that the plan was submitted to staff and the Planning Commission, and that after the Commission meeting the developers were convinced they must pursue other avenues. Councilmember Smith stated that the southeast area amendment was adopted based on certain assumptions, and if those assumptions are no longer valid because of changes that have occurred it would be inaccurate and misleading to retain the amendment. Councilmember Cummins moved to retain Dahlgren Shardlow Uban to conduct phase one of the southeast area study at a maximum cost of $3,500 conditioned upon report submission by May 1st. Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Blesener Councilmember Cummins was excused from the meeting. PUBLIC COMMENTS Mr. Joe Meaghre was present to complain about air noise and ask when the proposed corridor will be implemented. Mayor Mertensotto responded that the City has no jurisdiction over the FAA, but has spent considerable time and money on the air noise issue. Administrator Lawell stated that staff is in contact with the MAC on a weekly basis and that Jeff Hamiel indicated last week that the FAA was within two weeks of determining whether or not to approve the proposal. He Page No. 3017 April 2, 1991 also stated that changes affecting runway 11L will be handled locally. Mr. Meagher asked that the City contact Mr. Hamiel again to find out how long the change will take and also find out why the Highland flights are coming over his neighborhood. He informed Council that unless something is done soon he is not going to pay his first half property taxes and will use that money to install triple glazed windows in his home. HEARING - US WEST Mayor Mertensotto opened the meeting for the CUP FOR ANTENNAS purpose of a public hearing on an application CASE NO. 91-07 from U.S. West for a conditional use permit to install a cellular telephone equipment building on the City's public works garage/water tank site. U.S. West also wishes to place nine cellular antennas on the water tank. Mr. Bernie Wong, from U.S. West, and the firm's legal representative, Mr. Jay Littlejohn, were present for the discussion. Mr. Littlejohn stated that the applicant is requesting a conditional use permit to locate a cellular antenna site on City property. He reviewed drawings of the proposal, informing Council that it is an extremely low power system. The structure is proposed to be located east of the water tank and will house radios and computer switching equipment which will be monitored 24 hours a day. The exterior of the structure will match the existing city buildings on the site and considerable landscaping will be installed to screen the structure from the single family dwelling north of the property. The antennas will not extend above the tank and will be mounted on the stem of the tank. Mayor Mertensotto asked whether U.S. West would expand the size of the proposed 12 by 36 foot structure to 24 by 36 feet for storage of the Mend-Eagan equipment which is currently stored in the water tank. Mr. Littlejohn responded that this would be possible. Councilmember Blesener pointed out that consideration is being given to expanding the public works garage and asked whether the structure could be tied into the public works facility with a wing wall or screening wall. Page No. 3018 April 2, 1991 Mr. Littlejohn responded that the proposed building must be within 100 feet of the antenna. Councilmember Blesener asked whether the City is likely to receive a similar request from Cellular One. She expressed concern over setting a precedent. Mr. Wong responded that Mendota Heights is not in the Cellular One search area. Mayor Mertensotto stated that he would not consent to the conditional use permit until there was an overall lease agreement under consideration. He asked whether there is any microwave technology involved in the proposal, stating that microwave technology would be prohibited because of the public works site's proximity to the airport. Mr. Littlejohn responded that there is not, that U.S. West is a land line carrier, and it is unlikely it would ever be a microwave carrier. It was noted that the proposal has been submitted to the FAA for review and approval and that if it is denied by the FAA it cannot be built. Councilmember Blesener felt that the proposed $700 per month lease is not an appropriate benefit to the City in trade for putting the building on City property and that the storage space suggested by the Mayor and other benefits to the City should be explored more fully. She also stated that she would like to explore the possibility of City use of cellular technology. Administrator Lawell stated that U.S. West has provided a list of cities with which they have leases, and that West St. Paul, which is not on the list, has adopted a fee schedule with rates of about $200 per antenna per month. A lease based on the West St. Paul schedule would amount to about $2,000 per month for the U.S. West proposal. Mayor Mertensotto stated that even if the lease were for $1,500 to $2,000 per month he would not be interested. He pointed out that U.S. West would be locating a building on city property for private gain. He felt that the proposal should include expanding the structure for Mend -Eagan storage. Page No. 3019 April 2, 1991 Councilmember Blesener asked Planner Malloy to work with the applicants to develop a plan to site the building in its expanded size to blend better with the public works expansion and make it more compatible. Mr. Malloy responded that the structure must be reasonably close to the water tower and he does not know how inflexible U.S. West will be with respect to the cable run. He stated that his firm encourages cellular users to find water towers because freestanding facilities are problems in many ways. He pointed out that the firm's service area is relatively small and well defined, and if they do not locate on the tower they will probably have to be back to request a location somewhere in the vicinity with a free- standing tower. Councilmember Smith stated that she has a concern over setting precedent and that although the antennas would be less conspicuous on the water tower she has concern about using public property. She further stated that she would like to look at other towers where the firm has installations. Mr. Littlejohn responded that he will provide pictures for Council review. Councilmember the discussion come back with offer in terms lease details, installations. Blesener suggested continuing and asking the applicants to a proposal that has more to of design of the building, and pictures of other Mayor Mertensotto stated that staff should make contact with the IDS and First National Bank property management to see what they charge for antennas on their structures and also get a copy of the West St. Paul fee schedule. He pointed out that a 25 year lease is proposed and asked for a bond guaranteeing the lease payment over the 25 year contract - some guarantee that the financing will be available. Mayor Mertensotto asked for questions and comments from the audience. There were no questions or comments. It was the consensus of Council to continue the hearing to May 7th. Page No. 3020 April 2, 1991 CASE NO. 91 -06, KATZ Mr. Paul Katz, 1855 Hunter Lane, was present to request approval of a critical area site plan to replace an existing second story deck on his home with a larger deck with a covered screen portion. Mr. Katz also requested a sideyard conformance variance for his residence which is located two feet (at its nearest point) to the property line. He stated that the house was built in the 1950's and encroached on the setback. Mayor Mertensotto asked if there were any neighborhood objections. Administrative Assistant Batchelder stated that Mr. and Mrs. Frye had notified him that they were not going to submit a letter of objection. It was pointed out by Council that the variance consideration is only to bring the existing house into conformance and is not related to the deck. Councilmember Blesener moved to approve an 8 foot sideyard conformance variance to the north property line for the existing house and approval of the modified critical area site plan for the proposed deck and screened portion of the deck. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 FURLONG AREA Council acknowledged a report from Engineer IMPROVEMENTS Klayton Eckles regarding the eight bids received for the proposed Furlong area improvements and a recommended schedule for the project. Mayor Mertensotto suggested that the bid security submitted by the highest five bidders be released. Councilmember Smith moved adoption of Resolution No. 91 -15, "RESOLUTION ACCEPTING BIDS, ORDERING PREPARATION OF ASSESSMENT ROLL AND CALLING FOR AN ASSESSMENT HEARING ON PROPOSED SEWER, STORM SEWER, WATER, AND APPURTENANCES TO SERVE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4,)" and authorization to release the five percent bid security submitted by the highest Page No. 3021 April 2, 1991 five bidders. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PARK CONSULTANT FEES Council acknowledged a memo from the City Administrator regarding the Barton-Aschman contract for Mendakota Park design and design fee billings exceeding the contract. Mr. Barry Warner was present representing Barton-Aschman. He explained that the 200 hours reported over the threshold were needed to complete the project, that they were actual hours needed to prepare the plans and respond to City requests. He stated that the bidding climate for the project was tremendous - 50 plans were requested by bidders and 12 bids were received as opposed to five bids for the Sibley project. Another comparison between the two projects is that the number of bidding items on Sibley was 48 as compared to 100 for Mendakota, 77 of which his firm was responsible for. He stated that Barton Aschman is not requesting that the City respond to the entire fee but would like to reach a compromise fair to both parties. Mayor Mertensotto stated that Council places caps on contracts because Council needs control over the money being spent. He further stated that if Barton Aschman knew they were exceeding the cap they should have informed Council. Mr. Warner stated that he should have been before Council when the initial request was made to modify the contract, because he could have told Council it would be difficult to meet the cap. He explained that there were a number of changes in the project and near the end of the project the changes continued. He explained that Barton Aschman had a very rigid time frame established for them and had no time to come back if the bids were to be in and awarded on time. Councilmember Blesener stated that when the cap was discussed and placed on the contract, Council stated that Barton Aschman would be allowed to come back to discuss the matter but never really gave them that opportunity. She expressed some sympathy with them, although she agreed that the amount Barton Aschman is Page No. 3022 April 2, 1991 asking is not appropriate. She agreed with the staff approach of comparing the Mendakota and Sibley projects as an appropriate method of arriving at an amount. Mayor Mertensotto asked whether Mr. Warner is willing to accept the staff recommendation of $32,073.58 (as compares to the $30,000 contract cap). Mr. Warner stated that he feels this is less than fair compensation and that he was hoping to negotiate something closer to $35,000, which would mean that the firm would still be absorbing a significant portion of the compensated hours. Councilmember Koch stated that she has a difficult time understanding how Barton Aschman could go so much over and where the costs were incurred. Mr. Warner responded that changes made by the City on a regular basis added.about $3,000, and that the approximately 200 hours needed to complete the plans and specifications were actual hours. Mayor Mertensotto stated that there were 53 hours of questionable civil engineering time for utilities and utility cost estimates. He -- pointed out that there were tremendous hours logged and Council must determine reasonableness. Ayes: 2 Blesener Smith Nays: 2 Mertensotto Koch Councilmember Blesener stated that there is some fault on both sides. Barton Aschman did not keep the City informed on where the costs were going, but Council gave them a very tight schedule. She stated that she would be willing to agree to 9% of the contract, which would result in $3,392 over the cap. She felt that 9% is reasonable compensation. Councilmember Blesener moved to authorize payment at the rate of 9% on the Barton Aschman construction base of $388,300. Councilmember Smith seconded the motion. Motion failed. Councilmember Koch asked whether Mr. Warner had some knowledge that the cap was being exceeded. Page No. 3023 April 2, 1991 Mr. Warner responded that there were changes encountered near the end of the contract and he notified Public Works Director Danielson that he felt he would be just over $30,000. After that the firm worked every weekend and evening in order to get the plans ready for the bidding deadline. Administrator Lawell stated that the letter from Barton Aschman to Mr. Danielson dated February 11th indicated that they would be slightly over $30,000 and the plans were delivered on February 13th. He stated that he did not know how that significant amount of fee could be generated in two days. Mr. Warner responded that the firm runs on two -week time sheets and that he should have gone back on individual time sheets and recorded them for the letter. He also stated that there were bid alternates which have not been accepted yet, including the tennis area and grading. Councilmember Koch moved to authorize payment of $32,500 to Barton Aschman Associates for the Mendakota Park Project.. Mayor Mertensotto seconded the motion. Ayes: 2 Koch Mertensotto Nays: 2 Blesener Smith Motion failed. Councilmember Blesener moved to authorize payment of $34,000 to Barton Aschman Associates for the Mendakota Park Project. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 COUNCIL CHAMBERS Council acknowledged a memo from the MICROPHONE Administrative Assistant regarding the available types and prices of wireless and handheld microphones for use in the Council Chambers. It was the consensus that the equipment tested at this evening's meeting is not desirable and that staff should continue to explore options. Page No. 3024 April 2, 1991 ARBOR DAY Councilmember Smith moved that April 26, 1991 be proclaimed Arbor Day and that the month of May, 1991 be proclaimed Arbor Month. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 GOAL SETTING Council acknowledged a memo from the City Administrator regarding the Goal Setting workshop scheduled to be held at 6:30 on April 3rd. COUNCIL COMMENTS Councilmember Blesener asked about the status of the filling on the lot at the corner of James Road and James Court. She also expressed concern that cars are being parked on the pedway along Lexington, adjacent to the auto repair shop. She suggested that curbing or pylons should be installed to alleviate the problem. Public Works Director Danielson stated that the repair shop is under new ownership and that he will contact the owner. Mayor Mertensotto informed the Council of his desire to conduct biweekly program on cable television, between council meetings, to inform the residents of Council action taken at the last meeting and items to be discussed at the next scheduled meeting. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:30 o'clock P.M. Mthleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor 0" &1 -Z'14119 ifiniiji: April 2, 1991 Asphalt License Lino Lakes Blacktop, Inc. Excavating Licenses Kuehn Excavating Maplewood Mechanical, Inc. General Licenses Carlson Automatic Fire Protection Co. Conroy Brothers Company Homecare, Inc. Hunter Construction Olsen Fire Protection, Inc. Schomaker Construction Heating License Thermex Corporation Sign License Sign Services, Inc.