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1990-12-18 Council minutesPage No. 2978 December 18, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 18, 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 Blesener seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the December 4th regular meeting with correction.. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins 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 December 11th Park and Recreation Commission minutes. b. Acknowledgment of the Fire Department monthly report for October. C. Acknowledgment of the Fire Department monthly report for November. d. Acknowledgment of the Treasurer's monthly report for November. e. Approval of the 1991-1992 Labor Contract settlement between the City and The Teamster's Local 320 bargaining unit (Public Works), along with authorization for execution of the formal labor agreement by the Mayor and City Clerk. Page No. 2979 December 18, 1990 f. Adoption of Resolution No. 90-85, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON-ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL ADJUSTMENT FOR 1991.11 g. Adoption of Resolution No. 90-86, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1991 AND ESTABLISHING CERTAIN OTHER BENEFITS." h. Adoption of Resolution No. 90-87, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." i. Approval of the list of contractor licenses dated December 18, 1990 and attached hereto. j. Approval of the list of claims dated December 18, 1990 and totalling $193,867.35. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 BID AWARD, FIRE Fire Chief Maczko and members of the Fire EQUIPMENT/COMMAND Department truck committee were present to VEHICLE discuss bids received for the purchase of an equipment/command vehicle. Chief Maczko reviewed his report to Council, and recommended that the contract be awarded to Road Rescue, Inc., for its low bid of $110,286.00. He informed Council that Road Rescue has sold equipment to several fire departments in Dakota County and that reference checks received from those departments were all favorable. Mayor Mertensotto pointed out that there is a $3,000 to $7,000 shortfall between available financing and the purchase price. He asked Fire Chief Maczko if he is prepared to reallocate the departmental budget for 1991 to accommodate the shortfall. Chief Maczko responded that he will do so if necessary. Mayor Mertensotto asked when the existing rescue vehicle will be sold. Chief Maczko responded that the sale will be done as soon as possible and that he expects that the Page No. 2980 December 18, 1990 vehicle can be sold for between $8,000 and $10,000 but that he would like to leave the sale date negotiable because the truck will be needed until the new one arrives in June, although it could be sold as early as April. Council also acknowledged a report on financing from Treasurer Shaughnessy, who recommended that a final decision on Equipment Certificates issuance be delayed until the 1992 Budget preparation begins. Councilmember Cummins stated that financing alternatives are available and that the shortfall can be managed from the 1991 Fire Department budget, or an appropriation from fund balance if necessary. Councilmember Cummins moved to accept the bids received for the fire equipment/command vehicle and to award the contract to Road Rescue, Inc., for its low bid of $110,286.00 Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved to authorize the Fire Department to advertise for bids for the sale of the existing rescue vehicle and set a bid return date of March 15th at 4:00 P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 GLENHILL ROAD The Council acknowledged memos from Public Works Director Danielson regarding the Glenhill Road realignment, along with a letter from Mn/DOT and final layout and grades for an I's-curve" design. Council also acknowledged a letter from Mrs. Linda Linsmaier and residents on Glenhill Road and Culligan Lane. Public Works Director Danielson reviewed past Council discussions on the two design alternatives, s-curve and cul-de-sac. He stated that on December 4th Council directed staff to inform Mn/DOT that the Council elected to make the connection (s-curve option) and to ask Mn/DOT to design the safest and best possible connection. The design has been received, and grades are at 5% with a nice landing at the frontage road. The road will slide southerly and follow the T.H. 110 westbound alignment. One of the problems with the alignment is with respect to existing Page No. 2981 December 18, 1990 sanitary sewer line which serves the Culligan addition. Some of the utility will have to be rerouted to allow construction of the road, at an estimated cost of $30,000. The line is on Mn/DOT right-of-way, and because of prior agreement with the City, Mn/DOT will not pay the costs. Councilmember Cummins stated that in the December 17th Mn/DOT letter, Assistant District Engineer Christensen still feels that the cul-de-sac would be the best solution. He did not recall that Council was advised at last meeting that Mn/DOT felt the cul-de-sac was the best solution. Public Works Director Danielson responded that in the Mn/DOT letter which was before Council on December 4th, Mn/DOT indicated that it felt the cul-de-sac was the best solution. Mayor Mertensotto stated that he has talked to some of the area residents and that they feel one of the major problems is that the neighborhood would have no way to get into the pedway system unless the s-curve option is approved. He felt that the determination on design must be made based on overall planning. With respect to the pedway issue, Councilmember Cummins stated that the City could install a 6 foot paved trail from the cul-de-sac along retained frontage road right- of-way. Councilmember Hartmann asked whether the s- curve design submitted by Mn/DOT is better or worse, from a safety standpoint, than the existing connection. Mr. Danielson stated that it is better than what exists. Councilmember Hartmann stated that one of the reasons he has for wanting to maintain the connection is to provide two ways in and out of the area. Councilmember Anderson pointed out that it is not on the meeting agenda to change Council's December 4th vote on the issue. He pointed out that this is not a public hearing. He did not think the safety considerations have changed and stated that he appreciates that many in the neighborhood strongly prefer the cul-de-sac but that at the last meeting there were also many who felt the connection should be saved. He pointed out that safety is the Page No. 2982 December 18, 1990 main issue and that if the City must pay $30,000 for the utility reconstruction, it should do so and retain the connection. Mrs. Linsmaier reviewed her letter to Council and felt that the Council should reconsider its action for three new reasons brought out since the last meeting, the School District Transportation Director has told her that he feels the cul-de-sac would be safer from a school bus safety perspective, the Glenhill residents overwhelming support the cul-de-sac, and Mn/DOT feels the cul-de-sac is the best option. Council also heard comments from Mr. John Clemency, Mr. Nick Linsmaier, and Mr. Gerald Shaughnessy. Mayor Mertensotto stated that from a planning standpoint the Council always wants to have two means of ingress and egress - with a cul- de-sac, the neighborhood would only have one access. With respect to Mrs. Linsmaier's comments on the school district transportation director's comments, Councilmember Blesener responded that Council's action was to direct Mn/DOT to design a safe s-curve, and that if Mn/DOT did not feel the current design is safe, they would not build it, nor would the City allow it. She also stated that in her opinion there would be a very measurable negative impact on a few homes on Culligan Lane if the frontage road access to the neighborhood were closed, as weighed against the desires of the Glenhill neighborhood. She stated that if she could be convinced that the Culligan Lane residents would support the cul-de-sac, she would be willing to reconsider her position. Councilmember Anderson pointed out that Council must consider issues such as safety and public safety ingress and egress and that the decision made on December 4th continues to make sense this evening. Councilmember Cummins stated that he felt rushed to a decision last meeting and that he thinks Council voted based on misinformation and circumstances have changed. He stated that the first Mn/DOT letter did not indicate to him that they felt the cul-de-sac was Page No. 2983 December 18, 1990 better, and that if the school district letter was reconsidered, it makes sense to support the cul-de-sac. He pointed out that Council did not know the City would have to pay $30,000 to move utilities and also did not have a definitive recommendation from the engineering staff. He felt that new information suggests that perhaps Council should take more time on the issue and invite Mn/DOT to talk about their concerns over the s-curve. Councilmember Blesener stated that she would be willing to have a public hearing and invite Mn/DOT, but that she still feels eight homes on Culligan would be negatively impacted by the cul-de-sac, and that unless she can be convinced that the proposed s-curve will be less safe than what currently exists she will not change her position. Councilmember Anderson stated that Council considered the factors and voted on December 4th to direct Mn/DOT to design two ways into the neighborhood. Mn/DOT has returned a plan proposal that is more safe that what presently exists - there is less of a gradient. He urged Council not to reconsider, and felt that another discussion on the matter would divide the neighborhood more. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that infrastructure replacement funds can be used to pay for the utility relocation costs. MENDOTA PLAZA ACCESS Council acknowledged a report from Public IMPROVEMENTS Works Director Danielson with respect to a petition and waiver of hearing from Paster Enterprises for improvements to the entrance to the Mendota Plaza shopping center. Council also acknowledged a letter from Mn/DOT and possible intersection revision. Mr. Ed Paster, and Mr. John Streeter, construction engineer for Paster Enterprises, were present for the discussion. Mr. Paster stated that his request is for a feasibility study to address the issue of ingress/egress to the shopping center, managing traffic on T.H. 149 and helping traffic get into the center from Dodd and T.H. 110. He stated that he has been in regular Page No. 2984 December 18, 1990 contact with Chuck Thomey, owner of the Amoco Station, about the matter. Responding to a question from Councilmember Hartmann, Mr. Streeter explained that proposed new access to the center would move the entrance to the south about 20 to 30 feet. Councilmember Hartmann was concerned that moving the access for the center would close off access to the Amoco Station. He also cautioned Mr. Paster that the extension of South Plaza Drive onto the T.H. 149 right-of- way has been proposed before and many environmental issues were raised. Councilmember Blesener asked whether the second issue raised in the Mn/DOT letter means that Mn/DOT proposes a change of jurisdiction for T.H. 149, that it would no longer be a state highway. Mr. Danielson responded that there has been discussion over T.H. 149 becoming a county road. Councilmember Cummins asked where the frontage road in phase two would go - the easterly extension leads off into the Dodge Nature Center. Mr. Streeter responded that it will extend east a given distance, not all the way to Delaware, and will then access T.H. 110. Mayor Mertensotto stated that the applicants have outlined a possible solution to the access problems and have asked for a feasibility study, and have agreed to submitting a feasibility escrow. He suggested that the study be in two phases, looking at planning and options in the first phase and stopping short of the surveying, etc.. Mr. Streeter asked that the whole study be prepared, and informed Council that Paster Enterprises has been working on ingress/egress for a long time and if the issue keeps dragging on they are afraid it will get lost in the "shuffle" of a change in administration at Mn/DOT. He further stated that Mn/DOT will pay all construction costs and will reimburse the City 8% of the total costs for engineering. Mr. Streeter informed Council that Paster Enterprises will pay all other costs. Page No. 2985 December 18, 1990 Councilmember Cummins moved adoption of Resolution No. 90-90, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR LOT 2, BLOCK 1, MENDOTA PLAZA," and to direct staff to prepare a preliminary report part way through the study process, by the second meeting in March, subject to receipt of a $2,500 escrow from Paster Enterprises. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HRA GRANTS Council acknowledged a report from Administrative Assistant Batchelder regarding an application for HRA community development block grant funding for assessment abatement in the Furlong neighborhood. Mr. Batchelder stated the application would encompass the City's CDBG allocation for 1991 along with the carry over of funding from 1988 through 1990, for a total of $102,000. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90-91, "A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1991 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING." Councilmember Blesener seconded the motion. Councilmember Cummins was temporarily excused from the meeting. PARK CONTRACTS FINAL Council acknowledged and discussed memos from PAYMENTS Public Works Director Danielson regarding final payments to G.M.H. Asphalt Corporation for neighborhood park and trail improvements and a change order and semi-final payment to G.M.H. for Sibley Athletic Complex improvements. Responding to a question from Councilmember Anderson, Mr. Danielson stated that those items which are found to be deficient in the spring, such as seeding, will have to be corrected by the contractor. Council discussed the staff-recommended settlements for liquidated damages. Mayor Mertensotto felt that the City should not include a liquidated damages clause in its contracts because the City ends up paying a higher cost for the contract as a result. Page No. 2986 December 18, 1990 After discussion, Councilmember Blesener moved to approve Change Order No.1 to the Neighborhood Park improvements contract, totalling $1,173.00 and Change Order No. 1 to the Paved Walkway improvements contract, totalling $1,357.00. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Cummins returned to the meeting. Councilmember Blesener moved adoption of Resolution No. 90-92, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6D,11 and Resolution No. 90-93, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6B.11 Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved approval of Change Order No. 1 for the Sibley Athletic Complex contract totalling $7,686.75, along with semi-final payment of $22,717.05 to G.M.H. Asphalt, Inc. for Sibley Athletic Complex improvements. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 UNITED PROPERTIES/ Mr. Dale Glowa, from United Properties, was FISERV present to request Council approval of a building permit, parking space number and size variances and a sign setback variance to allow construction of a building for FiServ, Inc. in the Mendota Heights Business Park (Acacia), along with a request for feasibility study for the extension of Lemay Avenue. Mr. Glowa also requested approval for Tax Increment Financing support in the form of up front cost write- downs and a "Pay -As- You -Go" benefit. Mr. Glowa informed Council that his firm requests approval of the building permit subject to approval of final plans by City staff. The variances requested are for a reduction in parking space size from 9 feet to 8 feet 6 inches and a 4/1000 square foot of office area parking ratio, and a sign setback of 20 feet from Lemay Avenue. He informed Council that the preliminary plat has been approved and that he will be requesting final Page No. 2987 December 18, 1990 plat approval. He explained that United Properties is still negotiating the lease agreement. FiServIs immediate need is for a 30,000 square foot building, but it is in the process of acquiring another local firm and, if this is accomplished, FiServe would need a 50,000 to 60,000 square foot building. Mayor Mertensotto stated that the original TIF request was for $600,000 but that he has recently been approached with a request to consider increasing the amount to $675,000. He felt that the $600,000 TIF contribution can be justified, but that he would not support the increase. Mr. Glowa informed Council that the proposed structure would be the headquarters of the FiSery Company, and would be located in the southwest quadrant of Pilot Knob Road and proposed Lemay Avenue on a 4.5 acre parcel across from Big Wheel. Access will be totally from Lemay Avenue, and truck docks will be located at the back of the building. Mr. Glowa stated that 75% of the building would be office finish. He reviewed the landscaping plan for Council. He informed Council that he has not requested a setback variance but that at the back of the site there is a 30 foot minimum setback to the right-of-way, by ordinance. He suggested that the City might wish to consider pushing the building closer to the rear property line to provide more green area along Lemay. He stated that there it is 120 feet from the property line to the closest highway surface proposed for T.H. 13. Mr. Glowa reviewed an elevation sketch of the building, informing Council that it will be Fabcon type panel, painted with graphic banding and a ribbon of glass around the office element of the building and that the front of the building will be I'sawtoothed.11 Responding to a question from Mayor Mertensotto, Mr. Glowa indicated that he is asking for a variance from the required number of parking spaces to provide additional greenspace, and that should it ever become necessary for future expansion of the building, the area is available for additional parking. He informed Council that United Properties will maintain the extensive landscaping characteristics as exist in the rest of the business park. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2988 December 18, 1990 Councilmember Blesener commented that the style of the buildings in this part of the business park are quite different that in the other half of the park, and asked if this building will set the tone for the remainder of the development. Mr. Glowa responded that it will, and that this is much more of an industrial building design and reflects the character of the land. The site is too far away from the highways for firms to wish to spend as much money on design as the first half of the business park. Councilmember Cummins asked what the degree of urgency is to get all of the requested approvals this evening. Mr. Glowa responded that the project must start immediately, planning a 50,000 square foot design with the flexibility to shorten the structure to 30,000 square feet. The reduction in size of the building would come on the west end of the structure. Treasurer Shaughnessy explained the TIF request for Council, stating that most of the $600,000 would be reimbursed to the developer in the future, and only a small portion would be used up front, for Lemay Avenue. Councilmember Blesener moved to approve Tax Increment support for the project totaling no more than $600,000, on the "Pay -As- You -Go" plan. Councilmember Cummins seconded the motion. Councilmember Cummins moved to waive Planning Commission review with respect to the variance requests; to approve the building permit for the FiSery project based on sketches and drawings presented to Council this evening; to authorize issuance of a building permit subject to final staff review and approval of grading, landscaping and building plans; and to grant approval for parking stall number and size variances and sign setback variance consistent with the existing business park, all subject to completion of a final plat. Councilmember Blesener seconded the motion. Councilmember Cummins moved adoption of Resolution No. 90-94, "RESOLUTION ACCEPTING Page No. 2989 December 18, 1990 PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR LEMAY AVENUE EXTENSION (MAC SITE, IMPROVEMENT NO. 90, PROJECT NO. 5)." Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 MENDAKOTA PARK Park and Recreation Commission Chairperson John Huber and Parks Project Manager Guy Kullander were present to review the proposed final schematic for the Mendakota Park. Mr. Huber reviewed the changes made in the plan since the December 4th Council discussion. Mr. Kullander informed Council that a potential future tennis court is shown in the northwest corner of the site, and that it will be included in the plans and specifications as a separate bid item. If the bid is within reason, the neighborhood would pay for the court and donate it to the City. Councilmember Blesener asked if the hard court can be fenced and double as a tennis court. Mr. Huber responded that he does not know, but that he will raise the issue with Barry Warner. In addition, Mr. Huber informed Council that the plan would facilitate putting in ballfield lights some day but that they are not planned for the near future. Responding to a question from Councilmember Blesener with respect to additional landscaping in the center area between the fields and the comfort station, Mr. Kullander responded that Mr. Warner intends to use a treatment similar to the Sibley comfort station and that there will be some plantings within the blacktop area. Mr. Kullander also informed Council that the Park Commission, at its last meeting, discussed a request that a deck be constructed on top of the comfort station. Mr. Jim Kilburg showed Council pictures of a comfort station in Eagan which has an observation deck. He explained that the Mendakota site is laid out great for ballplayers but that it is limited for spectators. A deck would provide a way for the spectators to get out of the elements and have a good view of all of the fields. He also felt that it would ease some of the Page No. 2990 December 18, 1990 congestion of people walking around the comfort station. Mayor Mertensotto expressed concern that the stairway to the deck might create hazards for small children. He also felt that the deck would be difficult to police and could become a loft area. Councilmember Blesener suggested that if the Mayor is concerned, there could be an open railing rather than a sidewall around the deck. She stated that Mendakota park should be a community park and that a small feature like the deck would add to the development in total. Mr. Kullander informed Council that the building will be about 512 square feet and that the second floor (deck) could be enlarged to 600 square feet. It will be necessary to provide two stair cases. Responding to the Mayor's concerns, Mr. Huber stated that there will need to be some type of security lighting. Mr. Kullander stated that staff will look at widening the area between the fields to provide access for squad cars. Councilmember Blesener stated that she would like to see one half of the parking lot bid as an alternate and also that she would like to have the comfort station architect look at design of the picnic shelter and future band shell to carry design similarity. Councilmember Blesener moved to order preparation of plans and specifications for the Mendakota Park improvements based on plans presented for discussion this evening, including the addition of an observation deck on the comfort station. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 PARK IMPROVEMENT COSTS Council acknowledged a memo from Parks Project Manager Kullander regarding future expenditures for park improvements. It was the consensus of Council that the Park Commission be requested to prepare a needs and priorities list for all unbuilt trail segments .and park improvements and identify funding sources. Page No. 2991 December 18, 1990 RESCHEDULED MEETING Councilmember Cummins moved that the regular meeting scheduled for January 1st be rescheduled to 7:30 P.M. on Wednesday, January 2, 1991. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENDATIONS Mayor Mertensotto informed the audience that Councilmembers Hartmann and Anderson are participating in their final meeting as Council members. He expressed appreciation to both Councilmembers for their service to the community. Councilmember Blesener moved adoption of Resolution No. 90-88, "RESOLUTION COMMENDING COUNCILMEMBER JOHN HARTMANN." Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 90-89, "RESOLUTION COMMENDING COUNCILMEMBER BURT ANDERSON." Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Hartmann stated that during his 12 years on the Council he can attest to a number of changes, including construction of the Public Works Garage, Fire station and City Hall. During his tenure there have been three City Administrators, two Mayors and three new Councilmembers. He expressed appreciation to his wife Kathy for her understanding and sacrifices. He also expressed appreciation to the City staff. Councilmember Anderson stated that he feels fortunate to have had the opportunity to serve the community and that he hopes that the City Council meets the measure set by City staff. He further stated that as a citizen he will miss Councilmember Hartmann. Councilmember Blesener stated that she will miss both Councilmember Anderson and Hartmann and that she hopes they will continue to be involved in City activities. Councilmember Cummins stated that he has had an opportunity to work with the state and federal levels of government where things are Page No. 2992 December 18, 1990 frequently partisan. He commented that what has motivated Councilmembers Hartmann and Anderson is that they are consistently looking for what is best for the citizens and the community and that partisan politics get no consideration. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:30 o'clock P.M. Kqrthleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor