1990-07-17 Council minutesPage No. 2852
July 17, 1990
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 17, 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, and Hartmann. Councilmember Cummins had notified
the Council that he would be late.
AGENDA ADOPTION Councilmember Hartmann moved adoption of the
revised agenda for the meeting.
Councilmember Anderson seconded the motion.
Ayes: 4
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 minutes of the
Treasurer's monthly report for June.
b. Adoption of Resolution No. 90 -43,
"RESOLUTION APPROVING FINAL PLAT FOR
MENDOTA WOODS," along with approval of the
developers agreement, subject to receipt
of a plat with the street name "Ryan Road"
changed to "Arbor Court."
C. Adoption of Resolution No. 90 -44,
"RESOLUTION CALLING FOR HEARING ON
ASSESSMENT ROLLS FOR BIG WHEEL AUTO SITE
(IMPROVEMENT NO. 88, PROJECT NO. 3), IVY
FALLS CREEK ADDITION (IMPROVEMENT NO. 87,
PROJECT NO. 2), NORTH IVY HILLS 2ND
ADDITION (IMPROVEMENT NO. 88, PROJECT NO.
6), AND ALICE LANE SUBDIVISION
(IMPROVEMENT NO. 89, PROJECT NO. 3)
IMPROVEMENTS," the hearings to be held on
August 21st.
d. Approval of the list of contractor
licenses dated July 10, 1990 and attached
hereto.
Page No. 2853
July 17, 1990
e. Approval of the List of Claims dated July
17, and totalling $1,185,490.77.
f. Approval of the refund of a $1,000 house
moving escrow to Frank Fabio for the house
moving and clean up procedures for 1199
Rogers Road.
g. Acknowledgment of a petition from nine
Furlong Addition area property owners in
opposition to proposed Furlong area public
improvements.
Councilmember Anderson seconded the motion.
Ayes: 4
Nays: 0
PUBLIC COMMENTS Dr. Sol Mastbaum, 1008 James Court, and a
number of residents from Mayfield Heights and
Highland Heights were present to express their
opposition to a proposal for the development
of the Weinzettel property on Highway 13.
GREEN AREA MOWING Council acknowledged a memo from Code
Enforcement Officer Dick Gill regarding the
mowing of properties.
Ms. Margie Johnson, 671 Apache, was present
for the discussion and stated that she is
concerned over the mowing of the school
property which abuts Mendota Heights Road.
She stated that she considers the growth on
the property to be a natural habitat rather
than weeds and expressed concern that the
property will be completely mowed before the
Council discusses possible exemptions on
August 7th.
Mayor Mertensotto stated that the City weed
ordinance relates to a statutory program which
must be carried out and that as a land owner
the School District is responsible for cutting
noxious weeds on its property.
Administrator Lawell informed the audience
that the City staff enforces the ordinance,
which also requires the cutting of weeds of 12
inches in height as well as noxious weeds, on
a complaint basis and that the School District
has been notified to mow its property. He
further stated that Mr. Gill has temporarily
suspended the order to the School District
until after the August 7th meeting.
Page No. 2854
July 17, 1990
Councilmember Blesener stated that one of the
things Council will discuss on August 7th is a
staff report on whether some places in the
city should be exempt.
PUBLIC COMMENTS Mrs. David Hiner, 1312 Furlong, asked whether
the City has written notice from the County
Assessor that it owns the homes it purchased
in the Furlong area. City Attorney Hart
responded that the City has recorded the deeds
and has filed a certificate of real estate
value.
Mrs. Hiner asked about City regulations on
fences.
Mr. Doug Guyer, 1309 Kendon asked what is
happening on the Furlong Addition, and further
stated that nothing has been done on capping
the wells on the City lots and that septic
pipes are exposed.
Public Works Director Danielson stated that
the feasibility study for Furlong improvements
will be ready for the August 7th meeting.
With respect to well capping, he stated that
the City has let a contract for the capping
which stipulated a date by which it must be
completed. The contractor is working with Ron
Spong from the County, who wishes to do some
specific work before the capping is done.
City staff will go to the properties to be
sure that the sewage pits are covered.
Councilmember Cummins arrived at 7:55 P.M.
VOLUNTEER FIREFIGHTERS Fire Chief Maczko introduced Volunteer
Firefighter candidates Mark Kaufman, Roy
Kingsley, Dave Dreelan and Walter Klarkowski,
and recommended their probationary appointment
to the Department.
Councilmember Blesener moved that Mark
Kaufman, Roy Kingsley, Dave Dreelan and Walter
Klarkowski be given one year probationary
appointment as Volunteer Firefighters,
effective on August 1, 1990.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
Page No. 2855
July 17, 1990
HEARING - DELTA Mayor Mertensotto opened the meeting for the
ENVIRONMENTAL purpose of a public hearing on an application
from Delta Environmental for a conditional use
permit to construct an accessory structure at
the Mendota Heights Amoco Station to house
equipment necessary to clean up ground water
contaminated as the result of leaking
underground gas tanks.
Mr. Craig Anderson, representing Delta, stated
that the leaking problem was discovered during
excavation of the old tank. He stated that
the structure will be temporary - during the
ground water clean up process - and that he
anticipates the process will take from 3 to 8
years. Responding to a question from Mayor
Mertensotto, he stated that he is a registered
professional engineer and that he will provide
a certificate to the City that the proposed
system is adequate to take care of the
contamination.
Public Works Director Danielson informed
Council that Delta will monitor the water that
goes into the City sewer, and City staff will
have to read the Amoco water meter quarterly
and bill for sewer use at the same rate as
other industrial users. Responding to a
question from Councilmember Blesener, he
stated that there has been no contact from
McDonalds.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Cummins moved that the hearing
be closed.
Councilmember Anderson seconded the motion.
Ayes: 5
Nays: 0
Councilmember Hartmann moved adoption of
Resolution No. 90-45, "RESOLUTION APPROVING A
CONDITIONAL USE PERMIT ALLOWING AN ACCESSORY
STRUCTURE AT 2030 DODD ROAD (AMOCO STATION),"
as amended to stipulate a sewer charge rate
and method, to require that Delta notify the
City when the treatment is completed and
further to require a certification by the
professional engineer appearing on behalf of
the applicant that the system is adequate.
Councilmember Anderson seconded the motion.
Ayes: 5
Nays: .0
Page No. 2856
July 17, 1990
HEARING, CASE NO. Mayor Mertensotto opened the meeting for the
90-20, SJOHOLM purpose of a continued hearing on an
application from Mr. & Mrs. Jack Sjoholm, 1161
Delaware Avenue for a conditional use permit
for a fence. Council acknowledged a staff
report addressing a compromise plan prepared
and submitted by Mr. & Mrs. Sjoholm since the
July loth discussion.
Ayes: 5
Nays: 0
Mrs. Gretchen Sjoholm informed Council that
the fence has been moved to 52 feet from the
Delaware centerline, providing 32 feet of
green area between the street and the fence.
She stated that there are many mature trees in
this area and also voluntary growth which will
be allowed to remain. The applicants are
willing to plant 3 black hills spruce to
further shield the fence from the road. She
stated that they would also be willing to let
vines grow on the fence if Council so desires.
Mrs. Sjoholm further stated that she feels the
fence will make a difference to her family's
comfort and that their proposal does not open
the floodgates for similar fences. She
pointed out that there are many factors that
make their request unique - the fence will not
go along the whole side of the yard, it will
be 52 feet from the centerline and allows 32
feet of green space which the applicants will
be willing to populate with more trees. Also,
the roadbed is 30 inches above the grade level
of the house for about 75 feet.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Hartmann moved that the hearing
be closed.
Councilmember Blesener seconded the motion.
Councilmember Cummins moved adoption of
Resolution No. 90-46, "A RESOLUTION APPROVING
A CONDITIONAL USE PERMIT FOR A FENCE," on the
conditions that the fence be located inside
the pine trees, that it be no closer than 52
feet from the centerline of Delaware Avenue
and not longer than 115 feet, and that the
Sjoholms plant three 4 to 5 foot Black Hills
Page No. 2857
July 17, 1990
Spruce trees to provide additional screening
for the fence.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 90 -21, Mr. Dan Houpt, from Kiesland, Inc., and
BATESVILLE his legal counsel and Architect Bruce Jones,
along with Jerry Harmon from M.I.S.T. were
present for continued discussion on Batesville
Casket Company's application for variance and
lot split to allow construction of a warehouse
on Lot 4 and part of Lot 3, Block 1, Northland
Plaza.
Mr. Houpt reviewed a revised plan for Council.
He stated that considerable changes have been
made to the proposed project, including
reducing the size of the structure and
considerably upgrading the landscaping,
pulling the building from I -494 and moving the
truck docks to the east side of the building.
He stated that he will be purchasing the
property and selling half of it to Batesville.
The building was originally proposed to be
30,000 square feet with a potential future
10,000 square foot expansion. He stated that
he had originally asked for a 20 foot setback
variance and is no longer requesting that
variance.
Mayor Mertensotto pointed out that a variance
is necessary for the proposed shared driveway
for Lots 3 and 4. Councilmember Blesener
asked about the reduction in the truck dock
blacktop and whether anything has been done
with the exterior wall as it faces the
freeway..
Mr. Houpt responded that the blacktop area was
reduced by 20 feet. With respect to the wall,
another metal strip has been added along the
wall and the size of the wall has been
reduced, but it is still a solid wall with no
windows. Responding to a comment from Mayor
Mertensotto that the band be removed and more
planting be added, Mr. Houpt stated that they
will be planting creeping vines along the
building.
Councilmember Blesener informed the Council
that she met with the project architect to
review the plan and talked about doing
something about breaking up the mass of wall
Page No. 2858
July 17, 1990
expanse along T.H. 55. She felt that
something more creative could be done to make
the wall look more like a front exposure.
Mr. Houpt responded that he met with
Batesville representatives yesterday and:-very
indication now is that they would like the
upper site. They want to'be in the project
but when they found out that the City did not
want the truck dock on the south side they
decided that the other lot is preferred
because it allows truck docks on the south.
Councilmember Cummins asked who will occupy
the building on Lot 3. Mayor Mertensotto
asked if the applicant is applying for two
building permits.
Councilmember Anderson stated that Council
thought Mr. Houpt was talking about Batesville
being on Lot 4 and asked whether he is now
saying that Batesville is being moved to the
other site and he is asking for approvals on
one or both.
Mr. Houpt responded that Batesville would like
to go to the other lot to get a southern
exposure.
Mayor Mertensotto pointed out that Council
approves all building permits in the
industrial area, and that the applicant will
have to make a choice as to which site the
Batesville building is proposed to be built
on.
Mr. Houpt responded that the upper lot is
preferred.
Councilmember Blesener pointed out that there
are lots of other planning considerations the
City Planner will need to address - the upper
site has an even greater exposure. She
informed the applicants that Council cannot
start deliberations on a different site
without a report from :the -Planner,
Councilmember Hartmann pointed out that the
Planning Commission has not had an opportunity
to review the new proposal.
Mr. Houpt responded that given the time factor
he has to deal with, he would ask Council to
Page No. 2859
July 17, 1990
approve the first site so he has some
approval.
Administrator Lawell stated that the building
should be tied to a specific site. The
approval must be for a specific use, not for
an owner or occupant.
Councilmember Cummins stated that the Council
looks forward to welcoming Batesville to
Mendota Heights but if they are in fact much
more inclined to occupy Lot 3, what is the
potential that there will be a more suitable
building for Lot 4.
Mr. Houpt asked Council to
building as proposed in the
and he will diligently work
to use that site.
Mayor Mertensotto suggested
just ask for the lot split
the shared driveway and not
permit.
approve the lower
Council packets
to get Batesville
that Mr. Houpt
and variance for
for a building
Councilmember Anderson suggested that if
Council approves the lot split and driveway
variance and the Mr. Houpt comes back with
something that needs no variances, the Council
has lost all leverage as to what goes on the
lot. He stated that he felt the planning
considerations should be tied to something and
that he would like to know specifically what
is proposed to go on the lots. He suggested
that perhaps the lot split and variances could
be approved subject to Council reserving the
right to approval of the specific uses and
building which will go on the sites.
Mr. Houpt responded that he would be willing
to come before the Council again on that
condition, final approval of the final
proposed buildings.
Mr. Jerry Harman, from M.I.S.T., stated that
he thinks Mr. Houpt is being reasonable and
giving council control over what he will
build. He urged Council to vote favorably on
the request. He stated that the project
approved on Lots 1 and 2, Block 1 is the
soccer arena. The money M.I.S.T. hopes to
gain from the sale of Lots 3 and 4 to Kiesland
development will go a long way to helping MIST
meet its development.
Ayes: 5
Nays: 0
Page No. 2860
July 17, 1990
Mr. Tom Owens, legal representative for
Kiesland, stated that Kiesland specifically
and expressly accepts the condition that
Council reserves the right to approve the use
and design of the buildings which may go on
the parcels, as long as it is reasonable,
conditioned upon current City standards and
rules.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Anderson moved that the hearing
be closed.
Councilmember Hartmann seconded the motion.
Mayor Mertensotto stated that the discussion
has been that Kiesland is requesting approval
of the lot split and variance for the common
driveway and that approval would be
conditioned upon Council reserving the right
to approve the use and design and aesthetics
of the buildings to be located on each of the
parcels. He pointed out that the applicants
will have to submit a plat for the lot split
and that Council is only to take action this
evening on preliminary approval of the split -
Council would reserve the right to approve the
final survey.
Mr. Owens felt that approval of a lot split is
not required because the applicant is not
requesting a replat but rather a conveyance of
property. Mayor Mertensotto responded that
the condition for approval of the final survey
is necessary so that the survey can not be
recorded until it is approved.
Councilmember Cummins stated that Council
could approve in concept the use and the
shared driveway and the potential shift in the
lot lines of the two lots subject to approval
of the two buildings to be constructed on
them. He pointed out that the sense of the
Council appears to be that conceptually the
request is fine but that the applicant must
come back with decent looking buildings and a
specific location of the lot lines.
Councilmember Anderson pointed out that the
Public Works Director's memo indicated that
Ayes: 5
Nays: 0
Page No. 2861
July 17, 1990
the lot reconfiguration could be done as a
simple lot division. He felt that the issue
can be resolved in the future and that council
should not be approving a lot split without a
survey.
Councilmember Cummins moved that it is the
sense of the Council that it is prepared to
approve a shared drive and reasonable shift in
the lot line between Lots 3 and 4 subject to
review and approval by the Council of the two
building plans and building permits for
buildings to be proposed for Lots 3 and 4, and
that Council reserves final discretionary
approval of specific future plans.
Councilmember Blesener seconded the motion.
Mayor Mertensotto pointed out that the Council
has not approved the variance or lot division
by its action but has only given concept
approval.
3M BUILDING Mr. Gene Murphy, from 3M's Architectural
MODIFICATIONS Engineering Division, other 3M representatives
and Keith Smith from Ryan Construction were
present to give Council an informational
presentation on proposed exterior
modifications to the former Unisys building.
Mr. Murphy informed Council that 3M proposes
to construct a cafeteria/entry lobby/security
addition and a tower of a maximum height of 55
feet. An outdoor eating area adjacent to the
new entry is also proposed. Seven interior
truck docks would be eliminated, three docks
would be relocated to the east exterior wall
and the truck access road will be reduced,
there would be a fenced area around proposed
chiller units which would be buffered by
vegetation. The interior warehouse space
would be converted to office space and 18 new
exterior windows would be needed. He showed
Council an elevation of the proposed building
additions and informed Council that the tower
is proposed for 1991. He stated that there is
a five-year program for the modifications and
it is anticipated that the facility will house
230 to 250 employees.
Mayor Mertensotto expressed concern over the
potential compressor noise from the chillers
and the chiller location.
Page No. 2862
July 17, 1990
Councilmember Blesener asked whether the tower
could be partly underground and whether
adequate parking can be provided for the
office use. Mr. Murphy responded that it
might be possible to depress the tower and
that the existing building height is 24 feet.
He further responded that parking is adequate
now and there is space to install more parking
if needed.
Mayor Mertensotto stated that there is a
general consensus for concern over the chiller
noise and a reluctance over the proposed tower
addition height. He suggested that if the
tower can be depressed the concern might be
resolved.
Mr. Murphy asked for Council comments with
respect to the proposed front entry/cafeteria
area.
Councilmember Blesener stated that she felt
that the proposed entry/cafeteria addition
would be a welcome addition to the site.
Mr. Murphy informed Council that he will have
an answer to the question about chiller noise
and location when he comes back to Council
with a final proposal. He asked for Council
approval to cut in the windows on the east
elevation, south elevation and north wing of
the structure before final approval of-the
remodeling.
It was the Council consensus that a building
permit can be issued for the window
installation as long as the requirements of
the building code are met.
AIRPORT EXPANSION Council acknowledged and discussed a memo from
the City Administrator regarding expansion
plans at the MSP airport. In his memo,
Administrator Lawell stated that he feels the
true objective in the Minnesota Advisory
Council on Metropolitan Airport Planning
hearing process should be to convince the MAC
to undertake a collaborative planning process
with communities neighboring MSP. He
recommended that the City request a time
extension beyond January 1, 1991 to allow
public input and that the Council adopt a
proposed resolution supporting the
collaborative community planning process.
Page No. 2863
July 17, 1990
It was the consensus of Council that it is
best to support the dual track approach and
stress the equity concept (air noise).
Mayor Mertensotto stated that the City should
stress that if there are changes in the use of
the airport, expanded use, the equity issue of
noise must be addressed. Councilmember
Cummins also stressed the point that the
Council specifically opposes construction of
an additional runway north of the existing
runways. He pointed out that construction of
such a runway would severely exacerbate the
problems over Mendota Heights and would be
totally contrary to the concept of what noise
equity would be.
Administrator Lawell also suggested that the
City's testimony must take into account the
impact plans for relocation would have on
business interests in the City.
After discussion, Councilmember Cummins moved
adoption of Resolution No. 90-48, "A
RESOLUTION EXPRESSING SUPPORT FOR
COLLABORATIVE COMMUNITY AIRPORT PLANNING
PROCESS," along with approval of the
recommendation contained in the City
Administrator's report and authorization for
the City Administrator to testify at the
hearing on behalf of the City.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
WATER SYSTEM STUDY Council acknowledged and discussed a memo from
the Public Works Director recommending award
of a contract to HNTB for preparation of a
Kentucky Pipe Flow Model for the city's water
distribution system. It was noted that the
maximum cost of $6,900 includes a computer
program which will become the property of the
City and eight hours of training provided to
city staff.
After discussion, Councilmember Hartmann moved
to award a contract to HNTB for preparation of
a Kentucky Pipe Flow Model for the Mendota
Heights water distribution system according to
their proposal dated June 21, 1990 for a price
not to exceed $6,900, the contract to be
Page No. 2864
July 17, 1990
funded by the Utility Enterprise Fund.
Councilmember Anderson seconded the motion.
Ayes: 5
Nays: 0
SOS Council acknowledged a memo from Public Works
Director Danielson regarding purchase of the
SOS Convenience Mart property, along with a
letter from the legal counsel for the owners
of SOS asking that the purchase be consummated
as soon as possible because the EPA deadline
for tank replacement is drawing near.
Mayor Mertensotto felt that discussion on the
issue is premature since there is no project
in process and it is not likely that one will
occur in the near future.
Mr. Dick Kassa, co -owner of SOS, stated that
last year there was an unsigned purchase
agreement between the SOS owners and the City
and that his attorney reviewed the agreement
and asked for some rewording. Subsequently
there was a meeting with the City Attorney and
Treasurer and all parties had agreed to
revisions. Tank removal was scheduled for
December 13th or 14th, in compliance with EPA
regulations. The agreement was since
withdrawn and he had to schedule tank removal
and replacement. Testing was done in January
and they tested fine. He stated that he must
do something with the tanks in December to
stay in compliance and due to the age of the
tanks they must be tested annually. He stated
that his options are to replace the tanks or
to test them again before December.
Responding to a question from Mayor
Mertensotto, Mr. Kassa stated that the PCA
does not assist in the cost of removing the
tanks but will pay about 90% of the clean -up
costs if SOS stays in compliance. SOS
currently monitors the tanks daily and must
install overflow spill collectors. They would
install a monitoring system. The monitoring
system and new pumps would go along with new
tanks, and his cost varies from $40,000 to
$60,000. That cost would have to be passed
along to the City if the work occurs before
City purchase.
Mr. Kassa stated that the monitoring system
and tank and pump replacement is a business
decision. If the tanks were tested and found
Page No. 2865
July 17, 1990
to be leaking in December SOS would have to
replace them.
Councilmember Cummins stated that it is his
understanding that they do not have to be
replaced in 1990.
Councilmember Blesener stated that she thinks
the long range goal is to clean up the
Lexington/110 corner. It has always been in
the tax increment plan to acquire the SOS
property. She felt that whether or not John
Duffy goes ahead with his proposed project the
City has a tentative agreement with SOS and
the purchase agreement price is the best price
the City will get for the property. She felt
that removal of SOS will facilitate doing
something with the corner and pointed out that
the SOS owners have been hanging on for a long
time. She stated that she would rather see
the City acquire the SOS property now and
clean up the corner rather than keeping the
owners in limbo.
Councilmember Cummins stated that he does not
like the idea of Mr. Kassa coming in and
saying he is going to spend $50,000 to $60,000
but that he is inclined to agree with
Councilmember Blesener and felt that it would
be a very good idea to purchase the property
now.
Councilmember Anderson stated that it does not
make sense for the City to buy property
anywhere in the City unless there is something
certain in terms of immediate development. He
suggested that the City could end up waiting
10 to 20 years without development.
Mr. Kassa responded that the tank test last
year cost $3,500. This year it will probably
cost $4,000. He has to install spillage
collectors on the tank for about $2,000 at a
minimum. He stated that he has no commitment
from the City, Mr. Duffy or Mr. Curley as to
when the Duffy project would be constructed.
He felt that the best thing to do is to
install new tanks and did not want to wait
until freeze up before making the decision for
new tanks. He further stated that he will
Page No. 2866
July 17, 1990
have to do the replacement in September or
October to avoid frost but that he hates to go
ahead with the installation if there is a
possibility of the City reaching agreement.
Councilmember Anderson stated that from the
City's standpoint no commitment can be made
because none have been made to the City by a
developer. The upgrading of Highway 55 could
hold everything off for a few years. He did
not feel that the City should buy property
unless Council knows it will be developed in
the near future.
Mr. Kassa asked whether he can assume SOS
could be there for 5, 10 or 15 years.
Councilmember Anderson responded that if the
owners want to fix up the building and develop
their property they could possibly get some
assurances.
Councilmember Blesener asked whether Council
would be satisfied if SOS dresses up the site
and pointed out that it is the City's option
to buy the property and facilitate development
of the corner.
Councilmember Cummins asked what could be done
to put pressure on Mr. Duffy and Mr. Curley to
give the City a yes or no on their project.
Councilmember Blesener asked what the
expiration date is on the development plan
that has been approved.
City Attorney Hart responded that one of the
items Mr. Curley takes exception to is the
layout of the strip mall and the fact that the
corner is not being used, and also the
moratorium on the residential lots and the
zoning on Ethan Allen. He further stated that
Mr. Curley has been convinced that if the plan
is proposed to change to that extent it would
basically be a new development plan.
Councilmember Cummins asked whether, in an
effort to accommodate SOS, it would be
appropriate for Council to take some action to
indicate that it intends to rescind approval
of what Mr. Duffy presented within 90 days if
firm action is not taken to begin the
development.
Attorney Hart responded that the parties have
not yet entered into a developers agreement,
Page No. 2867
July 17, 1990
and that he thinks it is appropriate to
indicate to Mr. Curley that SOS has come
before the Council and that the matter is
fundamental to the development.
Responding to a question from Councilmember
Blesener as to whether there is money in the
TIF for acquisition of SOS, Treasurer
Shaughnessy responded that the funding has
been available since the Curley development
was approved and has been held for this
purpose.
Councilmember Anderson suggested that staff be
directed to update and to let the developers
know that it is time to get moving or Council
will have to consider other options - the
Council needs more certainty on what is going
to happen.
Mr. Kassa stated that he wants to stay in
compliance with EPA. He suggested that if he
had an agreement for purchase and lease-back
from the City, Royal Car Service could
continue to do business and SOS might close
the tanks to stay in compliance with the EPA
and continue selling groceries until Mr. Duffy
develops or a specific date occurs.
It was Council consensus to direct staff to
contact Mr. Duffy, and place the matter on the
agenda in 30 days so that Mr. Kassa can be
given a decision as to whether the City
intends to go forward with the purchase or
not.
Councilmember Blesener suggested that Council
consider the possibility of advertising -
somehow, asking for redevelopment proposals
for (Lexington/T.H. 110) corner if Mr. Duffy's
proposal does not transpire.
SIBLEY PARK COMFORT Council acknowledged a tabulation of bids
STATION received for the Sibley Park comfort station
and a memo from Parks Project Manager Guy
Kullander.
Administrator Lawell noted that the low bid of
$68,000 was 35% higher than what had been
anticipated and informed Council that staff
reviewed the bid results with Kodet
Architects. He recommended that the bids be
rejected and that staff be directed to work
with Kodet to revise the plan, keeping the
Ayes: 5
Nays: 0
Page No. 2868
July 17, 1990
functional items and eliminating the "frills."
He informed Council that Kodet understands
that they must design a building for $50,000.
Councilmember Cummins moved to reject all bids
and to direct staff to reevaluate the design
and bidding options with Kodet Architectural
Group and the Park and Recreation Commission.
Councilmember Blesener seconded the motion.
Councilmember Anderson stated that the
concession aspect seems to be what is driving
the price up and asked how important this is.
Administrator Lawell responded that the City
has had requests from the School District and
Mend -Eagan that such a facility be provided
and that the concession is very bare bones.
CUSTODIAN Council acknowledged a memo regarding
appointment of a part -time custodian for the
Public Works and Fire Station buildings, on
the basis of 12 hours per week to be evenly
divided between the two facilities.
Councilmember Cummins moved the appointment of
Edward Vaillancourt, Jr. as part -time
custodian for the public works and fire
buildings contingent on satisfactory
completion of the routine background check and
pre- employment physical.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
APPRECIATION Councilmember Anderson moved adoption of
RESOLUTIONS Resolution No. 90 -49, "A RESOLUTION OF
APPRECIATION FOR DISTINGUISHED SERVICE TO
HOWARD DAHLGREN," and Resolution No. 90 -50, "A
RESOLUTION OF APPRECIATION FOR DISTINGUISHED
SERVICE TO ELIZABETH WITT."
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
BUDGET WORKSHOP Council acknowledged a memo recommending that
Council schedule a budget workshop.
COUNCIL COMMENTS Councilmember Hartmann asked for information
on the testing of tanks at the Lilydale
Standard Station. He also informed Council of
historical information available in the City's
Page No. 2869
July 17, 1990
records regarding Metropolitan Council review
of the City's Comprehensive Plan.
He also informed Council that he may be absent
from the August 21st meeting.
ADJOURN There being no further business to come before
the Council, Councilmember Cummins moved that
Ayes: 5 the meeting be adjourned.
Nays: 0 Councilmember Blesener seconded the motion.
TIME OF ADJOURNMENT: 10:42 o'clock A.M.
Wathleen M. Swanson
City Clerk
ATTEST:
Charles E.
Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
JULY 17, 1990
General Contractors License
Butler Housing
Ken's Roofing Company
Rem -Con, Inc.
Sandvik Construction Co., Inc.
Excavating Licenses
Danner Landscaping
Ingram Excavating, Inc.
0