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1990-10-16 Council minutesPage No. 2926 October 16, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 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 Blesener, Cummins and Hartmann. Councilmember Anderson had informed the Council that he would be out of town. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Blesener 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 October 9th Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for September. C. Adoption of Resolution No. 90-75, "A RESOLUTION REVISING RESOLUTION NO. 90-70 SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM." d. Approval of a modified critical area site plan for Monty Girard Homes to allow construction of a home on Lot 8, Block 2, Val's Addition, along with waiver of the application fee. e. Approval of the list of contractor licenses. f. Approval of the List of Claims dated October 16, 1990 and totalling $335,686.12. Page No. 2927 October 16, 1990 Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Council acknowledged a letter from five condominium /townhouse associations regarding traffic noise generated by I -35E between T.H. 110 and T.H. 13. Council also acknowledged an associated memo from the City Administrator. Mr. Bud Sweet reviewed the concerns of the residents of the Eagle Point Condominium Association, Eagle Ridge Townhouse Association, Victoria Highlands Townhome Association, Ridge South Condominium Association, and Victoria Townhomes Association. He reviewed for the Council and audience the three proposals set forth in the Associations' letter. Mayor Mertensotto gave a background on I -35E development and prior Council action related to noise. He informed the audience that the state contemplates replacing the T.H. 13 bridge at I -35E and that it may be an opportune time to re -raise the noise issue. He pointed out that the request should be made to Mn /DOT and suggested that the City should join in the request along with the Associations, and that City staff should work with Mr. Sweet etal on the matter. Councilmember Hartmann moved to direct staff to prepare any necessary resolutions and letters in support of the Associations' request. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 RED RIBBON WEEK Mayor Mertensotto read a proclamation naming the week of October 20 -28, 1990 as Red Ribbon Week. Councilmember Blesener moved approval of "A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 20- 28, 1990 AS RED RIBBON WEEK ENCOURAGING CITIZENS TO COMMIT TO THE REDUCTION AND PREVENTION OF DRUG AND ALCOHOL ABUSE." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Page No. 2928 October 16, 1990 HYDRANT CONVERSION Council acknowledged a report from the Public Works Director regarding bids received for the conversion of 20 hydrants in Friendly Hills and 10 hydrants in the Cherry Hills neighborhood to the City's standard hydrants. After brief discussion, Councilmember Cummins moved to authorize staff to award a purchase order to Davies Water Equipment Company for the conversion of 30 hydrants for their low bid of $11,982.63. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 CHRISTMAS TREE SALES Council acknowledged a report from Administrative Assistant Batchelder regarding a request from Mr. Brian Birch for permission to sell Christmas trees on his lot on Freeway Road, the proceeds to be used for charitable purposes. council also acknowledged a letter from Dr. Tom Koepke expressing his opposition to the request on the basis of access, safety, traffic and lack of lighting. Mr. Brian Birch, present for the discussion, informed Council that it is his intent to use the proceeds from tree sales to support a Jamaican charity, the "Windsor Grove Homes." Mr. Birch showed slides of the existing very poor condition of the housing units which serve to house 40 students of a girls' school. Mayor Mertensotto reviewed Mr. Batchelder's report and pointed out that during the development of the Zoning ordinance, open sales lots were considered and rejected as a land use. He informed Mr. Birch that the Council is very much supportive of his cause but that approving the request would set a precedent that would cause future problems. He pointed out that a tree sale request from Tom Thumb in the past was denied. Mr. Birch stated that he will sell Christmas trees from the property regardless of whether the City approves the request or not. He further stated that many of the points raised by Dr. Koepke in his letter are false. Councilmembers Blesener, Cummins and Hartmann supported the Mayor's position, although all mentioned the overall merits of the charity. Page No. 2929 October 16, 1990 Councilmember Hartmann expressed concern over access to the site, and Mayor Mertensotto stated that the best interest of the City must prevail. Councilmember Hartmann moved to deny Mr. Birch's request to allow Christmas tree sales from his lot on Freeway Road. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 G.M.H. CONTRACT Council acknowledged a letter from Mr. Gary Harms, of G.M.H. Asphalt Corporation, for an extension of its park construction contracts. Council also acknowledged a report from Public Works Director Danielson in response to the request. Mayor Mertensotto reviewed the history of the G.M.H. work and contract extension requests. Mr. Dwight Rabuse, legal counsel for G.M.H., stated that he has only been associated with Mr. Harms since this afternoon but that he felt adequately prepared to address the issue. He stated that the summer was extremely wet and that while Mr. Harms was prudent to allow for rain days when he bid the projects, rainfall was extraordinary. He observed that cities levy liquidated damages generally because of poor workmanship but that the City has been happy with the results in this case. He also pointed out that perched water at the Sibley site was an unknown. Mr. Harms stated that it rained 17 days during the month of June and that he lost 55 days due to rain. It was noted that the City inspection records reveal that there were only 13 days of delay caused by rain, including days after rainfall when the ground might have been too wet to work. It was noted that staff's calculation of liquidated damages, at $200 per day in accordance with the contracts, is $18,400. It was further pointed out that the City holds retainage of 5% of the amount of each of the contracts (total of all contracts is $750,000). City Attorney Hart stated that he does not know to what extent work has been accepted and approved, but the key is having leverage over Page No. 2930 October 16, 1990 the contractor to performance standards under the contract. The City can impose penalties now and still require retainage. The question is what extent of work needs to be completed. Mr. Harms stated that if all three of the contracts were considered together, the work is about 95% completed. Mr. Rabanus pointed out that the City holds retainage on the contracts, 5% of the amount of each of the contracts, which is much greater than the liquidated damages. He stated that Mr. Harms is trying to get the work done as quickly as possible and must pay his people. He further stated that Mr. Harms has a problem keeping his people working if he doesn't get paid. Councilmember Cummins stated that he is in favor of keeping pressure on the contractor to make sure the contracts get completed. He felt that the City has sufficient retainage to cover liquidated damages and potential re- seeding, etc., and stated that he did not want to put GMH into financial distress. Councilmember Blesener pointed out that the staff has a punch list for the parks and trails, and that if the items are minor she would be agreeable to releasing liquidated damages and reserving the right to dip into the retainage to cover the uncompleted items. Administrator Lawell stated that he feels the biggest question is the subject of the seed that has been put down. The optimum planting time was missed by quite a bit, and he felt the City needs leverage to insure performance of the seed. He felt the City should look carefully at reducing the retainage percentage because of the uncertainty of the seeding. Mayor Mertensotto pointed out that the issue before Council is the waiver of damages - whether the Council wants to waive the liquidated damage claim. Mr. Rabanus agreed, stating that if the City releases the $15,000 currently being held the City still would have thousands of dollars in retainage as a lever. He stated that he is before Council to ask for an extension of the working days in the contracts to move the subject off of liquidated damages because he believes there is cause for extension. Page No. 2931 October 16, 1990 Mayor Mertensotto responded that Mr. Harms asks for an extension of the contract so that he will not be penalized for going beyond the completion dates. Mr. Rabanus responded that liquidated damages under the City's contract are appropriate if the contractor missed the completion dates and the City or unforeseen conditions did not play a role. Mr. Harms reviewed eight items contained in his letter dated October 8th. Mayor Mertensotto pointed out that the staff memo addresses each of the 8 items and that staff recommends liquidated damages. Councilmember Cummins stated that the issue of add-ons must be negotiated once the contract is completed. He further stated that while he is not suggesting that the City give up liquidated damages, if two of the contracts are substantially completed and the City is holding retainage he did not see the need to withhold liquidated damages as well. He stated that he would be comfortable with returning a portion of the $15,000 withholding. Mr. Rabanus stated that if Council votes favorably this evening and grants an extension, it could do so conditionally and seek liquidated damages later if necessary. Mayor Mertensotto felt that staff should make a recommendation on what dollar amount is adequate. Councilmember Blesener agreed with Councilmember Cummins suggestion. She stated that the City also has outstanding obligations for the change orders in addition to the 5% retainage to cover future liquidated damages and future completion of the work. After discussion, Councilmember Cummins moved, that $10,000 of the $15,000 retainage be paid to GMH, recognizing that the City retains its right to liquidated damages of $18,000 on the three contracts with GMH together with the fact that the City has outstanding change order obligations. Councilmember Blesener seconded the motion. Ayes: 4 Page No. 2932 October 16, 1990 Nays: 0 Council pointed out that it is not jeopardizing the city's position with respect to liquidated damages by taking the foregoing action. It was further pointed out that after the contracts are completed, including the punch lists, and after it can be determined that the fields will be playable in the spring, staff will then be in a position to make a recommendation on liquidated damages. CASE NO. 90-38, LEISER Mr. Bill Strub and representatives of Center (STRUB) for Diagnostic Imaging and its land developer and designer were present to request approval of a minor conditional use permit amendment for the Riverwood Place P.U.D., located on T.H. 13 east of I-35E. Mayor Mertensotto pointed out that portions of the proposed development will encroach on other lots within the PUD. He asked whether it would be acceptable to the applicants if Council permits a re-plat so that the use could be situated on its own lot. All of the representatives agreed that they would be agreeable to replatting. Responding to a question from Mayor Mertensotto regarding provisions for radiation safety, the representative of the Center for Magnetic Imaging stated that there are three processes which will be housed in the facility. Those processes are MRI, which is a combination of magnetic fields and radio waves, and an area outside the building has been fenced so that anyone wearing a pace- maker would not be affected by the magnetic field. The other processes are CAT scanning and standard x-ray equipment. He stated that there is really no radiation or any potential damage to the environment. Mayor Mertensotto pointed out that Council's concern is that the applicants comply with any applicable federal or state regulations and all code requirements. Mr. Leiser responded that the applicant will comply with all state and federal regulations and that they are willing to apply for replatting. Mr. Strub stated that time is of the essence, and if replatting is required before a permit can be issued, the frost season will occur before construction can begin. He stated that Page No. 2933 October 16, 1990 he will guarantee to Council that he will undertake replatting. Councilmember Blesener asked if there can be a more centrally located driveway rather than through the center of the site. Mr. Strub responded that Mn/DOT dictated the location - the curb-cut was already made by Mn/DOT. With respect to circulation and traffic flow, Mr. Leiser stated that the site plan was modified after discussion with the City Planner - the plan before Council responds to the Planner's report. Councilmember Cummins asked how the lot which is closest to the existing building is accessed. Mr. Strub responded that the existing building is a condominium - the original intent was a shared traffic pattern, and the serpentine road will not change. Mr. Leiser informed Council that parking closest to the building will reserved for patients and that staff will park to the west, and that the parking plan was suggested by the City Planner. Mayor Mertensotto stated that he would like the exterior to be more compatible with the existing building. Mr. Leiser responded that the building will be adjusted to blend in. The portico is symbolic, and the applicants are trying to set a warm friendly entry into the building. He stated that the applicants have attempted to use brick and stucco, and will reverse the color scheme and use exactly the same color orientation used on the Strub building (light brick and dark roof). Responding to a question from Councilmember Blesener as to why the applicants do not use the same material as used on the existing building, Mr. Strub stated that he is very concerned about what will be going on the site. He further stated that he is concerned about the landscaping on T.H. 13 and the color scheme and that it must be homogeneous with the existing building, and unless this is the case, he will not sign a contract. Councilmember Blesener requested that the applicants use the same materials as the Strub building, not the same facade. Mr. Leiser Page No. 2934 October 16, 1990 responded that he will take the plan back to the architects. Councilmember Blesener moved to authorize staff to issue a foundation permit for the Center for Diagnostic Imaging subject to agreement that the applicants will apply for replatting, and conditioned upon Council review and approval of the design plans and exterior materials at the November 6th meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 PARK BOND SALE The Council received and reviewed a tabulation of bids received for the sale of $1,730,000 in park bonds authorized in the 1989 referendum. Councilmember Hartmann moved adoption of Resolution No. 90-76, "RESOLUTION ACCEPTING BID ON BONDS OF 1990, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Norwest Investment Services for their low bid of $1,610,172.08. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 HUMANE SOCIETY Council acknowledged and discussed a letter from the Minnesota Valley Humane Society requesting financial assistance to establish an animal shelter in Dakota County, along with an associated report from the City Administrator. Council also acknowledged a letter from Dr. Tom Koepke. Mr. Dean Weigel, from the Minnesota Valley Humane Society was present for the discussion. Mr. Weigel informed Council that the Society is requesting a one-time contribution of $0.50 per capita. Administrator Lawell informed Council that state statute allows a per capita pledge and requires that the population base be the 1980 census (the most recent federal census): the cost to the City would be $3,644. If the 1990 preliminary census receives approval in the near future the maximum contribution would increase to $4,692.50. Mr. Weigel stated that his organization plans on using the donations from communities as a down payment for a site and that it is leaning Page No. 2935 October 16, 1990 towards a site in Burnsville. Currently, the cities of Burnsville, Apple Valley and Eagan have agreed to contribute, and Dakota County has appropriated $10,000. He stated that Burnsville's conditions were that there be a firm commitment on the site and a purchase agreement. Responding to a question from Mayor Mertensotto, Mr. Weigel stated that he would certify that no portion of the contribution would be for salaries for the officers of the organization. He stated that he is asking for confirmation that an appropriation will be authorized, and will be available when the Society is ready to purchase a building. He further stated that the Society will comply with all conditions the Council sets. Councilmember Blesener moved to commit to a one-time appropriation of $4,000 to the Minnesota Valley Humane Society, subject to final plans for the purchase and construction of a facility, no payment to be made until the Society moves ahead with its building purchase. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 EAGLE RIDGE SOUTH Council acknowledged a report from the City FIRE PROTECTION Administrator relative to resolution of the fire protection orders issued to Eagle Ridge South condominiums. Council also acknowledged a letter from Rollin Crawford, legal counsel for the condominium association, regarding liability exposure and terms of the resolution of the appeal to the Fire Marshal's orders. Councilmember Hartmann moved to affirm the Fire Marshal order number 10 and grant a variance to Fire Marshal order number 3 subject to the installation of self-closing devices on the party room and exercise room corridor doors. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 MENDOTA HEIGHTS ROAD Council acknowledged and briefly discussed a IMPROVEMENTS feasibility report on a proposed MSA project for Mendota Heights Road street upgrading, trail and utility construction. Page No. 2936 October 16, 1990 Councilmember Cummins moved adoption of Resolution No. 90-77, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS TO SERVE THE PROPERTIES ABUTTING MENDOTA HEIGHTS ROAD (BETWEEN LEXINGTON AVE. AND T.H. 149, IMPROVEMENT NO. 90, PROJECT NO. 3),11 the hearing to be held on November 20th. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 FIRE RESCUE TRUCK Council acknowledged specifications prepared by the Fire Department truck design committee for a proposed fire department command/rescue vehicle. Fire Chief Maczko and committee members were present to answer Council questions. Chief Maczko stated that cost estimates for the vehicle range from $90,000 to $120,000. With respect to a question from Councilmember Blesener regarding alternates, he stated that the only alternate would be how the exterior compartments are constructed. Mayor Mertensotto asked whether it would be wise to put a few alternates in the specification in case the bids come in much over budget. Chief Maczko responded that the committee established department needs and decided to go "bare-bones" so that they could get the engine size and other things that are necessary. He estimated that the existing rescue truck can be sold for $8,000 to $12,000. He felt that the proposed vehicle should have a useful life of 20 to 25 years. Mayor Mertensotto stated that the City should set up a reserve, dedicated fund for future purchases instead of relying on equipment certificates. Treasurer Shaughnessy responded that three years ago Council decided to limit the use of equipment certificates to only substantial purchases and that the proposed vehicle was included in as an equipment certificate expenditure in the 1990 budget. He stated that he would like to reserve the opportunity to use equipment certificates in the future because of uncertainty over what the legislature might do with levy limits in future years. Page No. 2937 October 16, 1990 Fire Chief Maczko informed Council that the department is currently going through a needs assessment to determine future needs. 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: 4 Nays: 0 TIME OF ADJOURNMENT: 10:17 o'clock P.M. Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor Councilmember Blesener moved to approve the specifications as written and to authorize advertisement for bids to be received on November 16th. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 COUNCIL WORKSHOP Councilmember Cummins moved that Council conduct a workshop on October 30th at 7:30 P.M. for discussion of the city's comparable worth system and labor negotiations. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Council directed that the letter from Dr. Koepke be referred to the Police Chief for review and report to the Council. COUNCIL COMMENTS Mayor Mertensotto asked that the Public Works Department fill a hole in the pavement about 75 feet from the intersection of Keokuk and Pueblo. 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: 4 Nays: 0 TIME OF ADJOURNMENT: 10:17 o'clock P.M. Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor