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1990-03-20 Council minutesPage No. 2751 March 20, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 20, 1990 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 Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the March 6th regular meeting as corrected. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for February. b. Acknowledgment of the minutes of the Park and Recreation Commission meetings held on February 28th and March 13th. c. Acknowledgment of the Fire Department monthly report for February. d. Acknowledgment of a letter from Howard Dahlgren informing Council of his planned retirement. e. Acknowledgment of a court decision regarding the Christofferson lawsuit. Page No. 2752 March 20, 1990 f. Adoption of Resolution No. 90 -12, "RESOLUTION APPROVING FINAL PLAT FOR BRIDGEVIEW SHORES 2ND ADDITION." g. Adoption of Resolution No. 90 -13, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR BRIDGEVIEW SHORES 2ND ADDITION (IMPROVEMENT NO. 90, PROJECT NO. 1)." h. Approval of the renewal of the wetlands permit granted on May 10, 1988 for Lot 3, Block 1, Spring Creek Acres (726 Marie Avenue). i. Approval of the refund of sewer availability charges paid by thirteen homeowners whose homes are not connected to City sewer, and whose payments have been refunded to the City by the Metropolitan Waste Control Commission. j. Award of the contract for the 1990 tree planting program to Blaeser Landscaping for its low bid of $14,050.00. k. Approval of the list of contractor licenses dated March 20, 1990 and attached hereto. 1. Approval of the List of Claims dated March 20, 1990 and totalling $116,339.69. M. Authorization for renewal of the agreement with Goodwill /Easter Seals for recycling services. n. Adoption of Resolution No. 90 -14, "RESOLUTION OF SUPPORT FOR STATE WIDE PROGRAM FOR A HAZARDOUS MATERIALS RESPONSE TEAM," and authorization for copies of the resolution to be forwarded to State Senators Knutson and Metzen and Representatives Pugh and Seaberg. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS Mayor Mertensotto presented a certificate of appreciation to Steve Carlson, who retired from the Volunteer Fire Department after 12 years of service. Certificates of appreciation were presented to Fire Chief Page No. 2753 March 20, 1990 Maczko on behalf of George Noack, Sr., who retired after 35 years of service on the Fire Department and Dan Barrett who resigned after four years of service. CRIME FAIR Mayor Mertensotto informed the audience that the Police Department will be conducting a community crime fair at the Mendota School on April 5th. FURLONG UPDATE The Council acknowledged an update prepared by the City Administrator regarding the Furlong neighborhood, a report from Engineer Klayton Eckles regarding utility extension information, and a proposal from the Dakota County Public Health Department for environmental health assessment of the Furlong Addition. Administrator Lawell orally reviewed the details contained in the report with respect to Dakota County testing, F.A.A. Part 150, public utility extension, neighborhood contracting for septic system pumping, sources of free drinking water, lake water quality testing options, and the alleged contamination of Lake LeMay due to discharge from the Mendota Heights Motel. Administrator Lawell informed the Council that the State Environmental Field Services has been contacted regarding the alleged pumping into the lake and has done a field investigation. The agency issued an order to the motel to correct the situation. Under the order, issued on February 22nd, the motel must come up with a plan to cure the problem in 30 days and to implement the plan in the following 30 days, although the 60 day deadline may not be reliable because of the frost. The agency also issued an order to the motel to pump its septic tank immediately. The motel has two septic systems, and the agency has requested that the motel only use the rooms at the front of the building to minimize the flow that comes to the back of the building. The agency will investigate tomorrow to see whether this has been done. He informed the Council that if the agency runs into resistance from the owner, it will call a hearing and could then revoke the license for the motel. No response has been received from the PCA. Mayor Mertensotto reviewed the issues. He stated that he is appalled at the $64 per hour Page No. 2754 March 20, 1990 rate charged by Dakota County for testing of the septic systems and wells. He suggested contacting Twin City Testing to see what they charge and the University to see if they provide water testing kits. Mr. Ron Spong, from the Dakota County Public Department, stated that the Health Department is totally self sufficient and receives no State of County funding. Everything done by the department must be supported by fees, and the fee for services set by the County Board is $64 per hour. He explained what the testing would involve. Responding to a question from Councilmember Blesener, Mr. Spong stated that there has been a consistency in the test results from wells which have been tested so far but that more testing is necessary. Also, stated that lack of knowledge on how the systems were constructed and maintained is a problem, and he does not know how consistent the results of random sampling would be. If the agency had information on the construction of the sewer systems and wells and knew the direction of the shallow ground water flow, the department might have a better idea of what a random sample would mean. Councilmember Anderson stated that the real question is what are the standards - what degree of concern should Council have at this point. If there are no State or scientific standards, the City would have trouble determining anything regardless of the expense and results of testing. Mr. Spong responded that his department looks for reduced form nitrates, for which there are standards established. He stated that five wells have been tested to date and at least three area residents have called to have samples done. Councilmember Anderson asked whether the concern has been limited to water quality of the tested wells for drinking purposes only or for bathing as well. Mr. Spong responded that additional testing would have to be done on the most contaminated wells to determine water quality for bathing. Page No. 2755 March 20, 1990 Councilmember Blesener asked what Council needs to do to get all of the answers it should have. Mr. Spong responded that one sample from any given house doesn't mean very much and that many of the contaminates vary through type. He stated that samples from two homes can possibly give a good test if the wells are deep and the samples are true. For a shallow well there are variables that occur from day to day. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that the cost for extending utilities is estimated at $25,000 per lot and that the lowest cost estimate is $21,000 per lot if the proposed street improvements are cut back. Mayor Mertensotto informed the audience that Council has indicated the City would possibly give a $10,000 credit against the individual assessments. Mrs. Carol Doffing stated that she would think that before the residents can determine whether they want sewer and water they must know how much the utilities will increase their property values. She felt that the neighborhood would prefer to be bought out but if that cannot happen, they do want to look at utilities. She stated that the residents need to know what it will cost each of them and what the value increase to their properties will be. Mayor Mertensotto responded that if nothing is done, the homes will have no marketability and that if improvements are installed, they will become marketable. Councilmember Cummins asked the audience what kind of septic pumping would be necessary for most of the homes to allow people to stay in the neighborhood. Mr. Hiner responded that in some cases the systems should be pumped every two weeks and in other cases, every 6 to 8 weeks, depending on the weather. He indicated that pumping costs $85 each time. Page No. 2756 March 20, 1990 Councilmember Blesener stated that one of the other considerations is that some of the systems are overflowing because they have been let go, and this is something that a contract with a pumper would relieve - if pumping is done regularly the systems would not overflow. Councilmember Cummins asked whether there are any sources of bulk water other than what was included in the Administrator's report. Mr. Spong responded that in flood situations, the National Guard has brought water trucks into the affected areas, and sometimes water has been provided by fire pumpers. He informed Council that one possibility might be "small community systems." Two small communities in the county have solved sewer and water problems with the assistance of the HRA by installing small wells to serve 4 to 5 homes and have taken the same approach with septic systems. This option would depend on how much land is available as sites for the systems. Mr. Spong with City scale tes- could get problem. a program stated that he would like to meet staff to get some sort of interim ting program where his department a clear fix on the extent of the City staff could then come back with and the cost. Councilmember Blesener stated that she would also like to pursue getting a pumping company involved, at least so that the sewage systems that are overflowing are controlled. Mr. Spong informed Council on a method his department can use to determine which systems are overflowing. Councilmember Cummins asked Mr. Spong to work with staff to survey the neighborhood and preliminarily determine whether the community well/septic system approach might be an effective solution. He suggested that staff be directed to work with Mr. Spong and report back in two weeks with a proposal for testing the water systems in the neighborhood and surveying the neighborhood to exlore a community facility for water and sewage disposal on a 3 to 5 to 7 year solution. Councilmembers Blesener and Cummins felt that Council needs to acknowledge that city sewer Page No. 2757 March 20, 1990 and water is not the answer to the problems and that Council needs to find an interim solution and work towards the elimination of the neighborhood. Councilmember Anderson stated that installing sewer and water would cost about $830,000, and that if the City contributes at the proposed level, the assessible cost would be $415,000. The City owns two homes, from which it can recapture some of the $415,000, which is much less than the cost the City would bear to buy out the neighborhood. He felt that the $415,000 City investment is considerably less than the $4.5 million potential buyout cost and the City cannot guarantee a buyout. He disagreed with doing comprehensive testing on the basis that the residents will never be comfortable with drinking their water until something is done with the sewers. He felt that Council must come up with a solution - everyone knows the problems. He asked the residents what price they put on their health and on the saleability of their homes. Mr. Robert Tousignant asked why Acacia Park Cemetery can't share in the cost of public improvements. Councilmember Blesener asked Treasurer Shaughnessy to prepare an update on the Tax Increment Financing availability. Furlong resident David Hiner wanted to see a neighborhood for-sale sign installed. A lady in the audience asked whether there is some way to find out the total cost to the residents for sewer and water. Councilmember Blesener suggested that the City retain a realtor to market the neighborhood. Another lady in the audience asked that the City pursue a contract for pumping for the neighborhood so that the residents would have some assurance that their costs for pumping would not continue to go up. Staff was directed to pursue the matter. Mr. Robert Tousignant suggested that the City allow a contractor to dump sewage into the City sewer main to reduce costs. RECESS TRAFFIC CONTROL REQUEST Page No. 2758 March 20, 1990 It was the consensus of Council that further discussion be tabled to April 17th and that staff be directed to follow-up on items discussed this evening and invite someone from the MAC to attend the April 17th meeting to discuss the Part 150 program. City staff was directed to take bids for closing the wells on the two City owned properties in the Furlong Addition. Mayor Mertensotto called a recess at 9:35 P.M. The meeting was reconvened at 9:45 P.M. Council acknowledged a request from Andrea Drake, 665 Wesley Lane, for a reduction of the speed limit on Wesley Lane from 30 miles per hour to 25 miles per hour. Council also acknowledged an associated response from Police Chief Delmont recommending that no action be taken on the request. TENNIS COURT USE Council acknowledged a request from St. Thomas Academy that it be allowed to reserve the Rogers Lake Park and Friendly Hills Park tennis courts from 3:15 p.m. to 5:15 p.m., on weekdays from April 1st through June 1st. It was noted that the request was being made because the St. Thomas courts are in an unsafe condition. Council also acknowledged a memo from Administrative Assistant Batchelder recommending that the request be approved on the condition that the Academy pay for the cost of the design and posting of signs informing the public of the reservation times. Mayor Mertensotto supported the request, but felt that no charge should be imposed. He stated that St. Thomas only plans to use the facilities until theirs can be repaired, and felt that the City should install the signs as an accommodation, since St. Thomas has made its courts available for community use when the courts were in good condition. Administrative Assistant Batchelder informed Council that Barton/Aschmann included the St. Thomas and Visitation tennis courts in its survey of facilities. It was the consensus of the Council that the request be approved. Staff was directed to notify the Academy that there will be no charge and that the City has appreciated the Page No. 2759 March 20, 1990 use of the St. Thomas courts in the past and their future use when they are repaired. NEIGHBORHOOD PARKS Council acknowledged a memo from Parks Project Manager Guy Kullander regarding cost estimates for neighborhood park improvements. Councilmember Blesener asked whether staff was convinced that change orders can be issued if the costs are too high. She felt that provisions should be made in the specifications for add-alternates and deduct- alternates. She noted that the estimates are over budget and that construction depends on how the bids come in. Councilmember Blesener moved to approve the plans and specifications for park improvements, with the addition of provisions for deduct alternates. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 AIR NOISE UPDATE Council acknowledged and discussed an aircraft noise corridor update from Administrator Lawell. Administrator Lawell reviewed the report, informing Council on the March 7th MASAC discussions and action on the corridor issue. Council also acknowledged a survey prepared by the Administrative Assistant detailing the approaches other communities neighboring the airport take to address airport issues. Councilmember Blesener observed that Eagan is the only community surveyed which has an airport relations commission. Assistant Batchelder responded that the body is a formal advisory commission to the Council. He questioned that the approach is better than the one employed by Richfield, which uses a strategy group, consisting of consultants and city staff, which meets regularly. Councilmember Blesener stated that she is concerned the Mendota Heights might be in a much weaker position if relies solely on the citizens group. She felt that the City needs a more structured approach, whether it is similar to Richfield's or a commission which meets regularly and reports to the Council regularly. She felt that something must be Page No. 2760 March 20, 1990 put in place so that the City can get more aggressive. She also asked the status of the funding for the Braslau study. Administrator Lawell responded that about $25,000 has been spent and that the City has contracted with Braslau for the second phase, to take the City's proposal through special committee. About 500 of the contract amount for phase 2 has been expended. Staff was directed to get more information on the Richfield group, including its duties, responsibilities, charter, budget and goals. RECYCLING PROGRAM Council acknowledged the annual recycling report for 1989 and commended the residents for outstanding program participation. SIBLEY PARK AGREEMENT The Council acknowledged a report from Administrator Lawell and draft copy of a tentative agreement with the school district with respect to the proposed Sibley Park. Councilmember Blesener gave council a background on the negotiations with the school district. She felt that the proposed agreement is fair and equitable to both parties, and stated that the Park and Recreation Commission unanimously recommends its approval. She informed Council that a design committee will be meeting to work out final design for the facility and stated that the matter is before the Council this evening for discussion and reaction. She indicated that a final draft of the agreement will be brought before Council for approval on April 3rd. She informed the Council that the proposed agreement has been very well received by the school board and that they are expected to adopt it in final form at their first meeting in April. Mayor Mertensotto stated that he would like the City Attorney to prepare a letter indicating that he has reviewed the document and approves of it. Councilmember Cummins expressed his concerns over Sections 6, "Operation of the Facility," and Section 9, "Remedies. He was concerned that the City's investment is not adequately protected under the proposed agreement. With respect to Section 9, Councilmember Cummins Page No. 2761 March 20, 1990 felt that if one of the parties fails to appropriate funds, it would be unlikely that the court would order the City or district to appropriate funds which it feels are unavailable. His was also concerned that if there is to be a 40 year agreement, there should be some reasonable management parameters. He felt the agreement inadequately addresses how day to day management will be conducted by the City and the school district, and that the parties might leave themselves open to minor disagreements which may lead to major disagreement. Councilmember Blesener explained that each party is always liable for yearly maintenance costs but neither may be obligated to maintenance costs beyond that level. She pointed out also that the agreement contains a specific performance clause. With regard to dispute resolution/arbitration, Mayor Mertensotto pointed out that Section 3 of the document provides that title and money matters are not subject to arbitration. Councilmember Blesener responded that the committee which prepared the draft included the language in the final sentence of Section 3 so that if either party wanted to do some extraordinary maintenance or improvements, the other would not be liable for the costs. Administrator Lawell explained that the school district was concerned that if the City builds the improvement on district property, and at some time during the term of the agreement decides not to continue maintenance, the district would have to take on 100% of the maintenance. Councilmember Anderson stated that he felt one source of difficulty after the initial outlay of the City to build the facilities is the sharing in the cost of the maintenance. He interpreted Section 6.3 to mean that there is no way to anticipate how the parties will get along on the maintenance sharing maintenance - whether it is equal sharing or if the district will pay more because it did not pay the development costs. He felt the agreement leaves proportionate sharing open. Page No. 2762 March 20, 1990 Administrator Lawell pointed out that Section 6.2 provides for equal sharing of the costs. He stated that the disproportionate amount would be capitol items but that maintenance would be 50/50. As an example, if the district were to decide to install a batting cage, the district would pay for it. Councilmember Blesener stated that the dollar amount in Section 6.3 will be filled in. She stated that the district has met a number of City needs which it originally had problems with. She felt that the City needs to be sensitive to the district's concerns of some of the other issues. With respect to Councilmember Cummins' concerns over protecting the City's interest in the short term, she cannot see that there is any incentive for the school district to walk away from the agreement. Mayor Mertensotto suggested that a "good faith dealing" clause be incorporated into the agreement. Councilmember Cummins stated that he would like a clearance letter from the City's legal counsel. City Attorney Hart was directed to prepare a letter with respect to the proposed agreement. COUNCIL COMMENTS Councilmember Blesener informed Council that due to other commitments she must resign from her capacity as the City representative to the School District Community Education Council, and asked that a candidate be appointed. She stated that the School District would prefer that a Council member be the City's representative, or otherwise, anyone else who has a good familiarity with the community. Treasurer Shaughnessy informed the Council of potential cuts in aids being considered by the legislature. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Cummins seconded the motion. Ayes: Nays: 0 TIME OF ADJOURNMENT: 10:40 o'clock P.M. Page No. 2763 March 20, 1990 Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL MARCH 20, 1990 General Contractors Licenses Al Herrmann Construction, Inc. Environmental Design, Inc. Hercules Home Insulation The Snelling Company Heating & Air Conditioning Licenses Burnsville Heating & A/C, Inc. Metro Air, Inc. Gas Piping Licenses Burnsville Heating & A/C, Inc. MKD Plumbing Excavating License Marty Brothers Excavating