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1990-09-18 Council minutesPage No. 2903 September 18, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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 and Hartmann. Councilmember Cummins had notified Council that he would be out of town. AGENDA ADOPTION Councilmember Anderson moved adoption of the revised agenda for the meeting. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the August 21st regular meeting with corrections. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved to table approval of the September 4th minutes to October 2nd. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Anderson moved to move item j, purchase orders for park improvements from the consent calendar to the regular agenda and to approve the remainder 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 September 11th Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for August. c. Acknowledgment of the Fire Department monthly report for August. Page No. 2904 September 18, 1990 d. Acknowledgment of letters from Ms. Celia O'Donnell, 545 Miriam, and Mr. Edgar Fischer, 1712 Raleigh Drive, in objection to assessments for storm sewer (Improvement No. 88, Project No. 6, North Ivy Hills/Morin), along with a memo from the Public Works Director recommending that no action be taken on the requests. e. Acknowledgment of an update on the Eagle Ridge fire protection issues. f. Approval of a fence permit for 2444 Enterprise Drive, to allow installation of a 6 foot chain link fence at the R.L. Johnson small warehouse building. g. Approval of the list of contractor licenses dated September 18, 1990 and attached hereto. h. Approval of the list of claims dated and totalling $181,992.07. i. Authorization to issue a purchase order to AAA Striping Service for the striping of MSA streets, for their low bid of $5,350.41. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Joe Maegher was present to ask for a status report on the aircraft noise issue. Mayor Mertensotto and staff reviewed the City's position on aircraft noise and the City efforts on the air noise issue which has been taken over the past several months. MEND-EAGAN On behalf of the City Council, Mayor PROCLAMATION Mertensotto congratulated the members and coaches of the Mend-Eagan Under-12 Traveling Baseball Team for their 1990 season record of 49 wins, 4 losses and 4 ties, and for their second place finish in the Minnesota State AAU Tournament and fourth place finish in the National AAU Tournament. He then introduced all of the team members and coaches and presented each with a Certificate of Recognition for their accomplishments. Page No. 2905 September 18, 1990 Councilmember Blesener moved adoption of a "PROCLAMATION DESIGNATING SEPTEMBER 18, 1990 AS MEND-EAGAN BASEBALL DAY." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 GMH CONTRACT STATUS Council acknowledged a memo from Public Works Director Danielson regarding the status of the GMH Asphalt contracts for park improvements, along with a letter from GMH requesting reconsideration of Council action denying an extension of the contracts. Mr. Gary Harms, from GMH, was present for the discussion. Mayor Mertensotto stated that two of the contracts (neighborhood parks and paved walkways) were to have been completed on September 1st. He asked Mr. Harms if he is asking for abatement of the penalty for the Sibley project as well as the other two contracts. Mr. Harms stated that he is talking about the park and trailway contracts, but not the Sibley contract, which required seeding to be done by September 15th. Mayor Mertensotto stated that the walkway and neighborhood park projects are not yet completed. He pointed out that Mr. Harms bid the projects and did not take exception to the penalty provisions at that time, and that the reason the provision for penalty was in the contracts was to guarantee completion on time. He informed Mr. Harms that Council discussed his request at its last meeting and that it will not consider any abatement before the projects are completed and Council can see how good the work is. Mr. Harms responded that only the portion of the trail not completed is in the vicinity of the Sibley complex where dirt is stockpiled. He informed Council on the number of rain days which occurred during the contract period and stated that he lost 52 working days because of rain and drying time. Councilmember Blesener pointed out that five days of rain per month is not unusual in Minnesota and that even by his letter Mr. Harms stated that there were five to six rain days per month. She stated that Mr. Harms Page No. 2906 September 18, 1990 should have been able to bid the contracts anticipating that loss of working days. Mr. Harms responded that this was the rainiest season since the 1930's and that his crews were working every non-rain day including Saturdays, averaging 70 to 80 hours per week. Councilmember Blesener pointed out that the staff reports have indicated that seeding and sodding is zero percent completed in the neighborhood parks, and stated that she could not understand why this is the case. Mr. Harms stated that seeding and sodding is the last function done and that the trails needed to be completed first. Councilmember Blesener responded that she drives by Victoria Highlands park often enough to know that the work started there quite some time ago and has gone very slowly, pointing out that there has been no work done for a great stretch of time. Mr. Harms responded that his crew was pulled out because of other priorities. Councilmember Anderson stated that one problem Council had with the request at the last meeting was that staff indicated that there have been many good days when GMH was not in Mendota Heights and also the reasons for the September 1st deadline on neighborhood parks and trails was because Council knows that is the optimum time by which to have seeding and sodding done. He also pointed to problems with the landscaping subcontractor. Mr. Harms stated that he would like the days reported when he did not have staff in the City and that he always had a crew here. With respect to the landscaper, Mr. Harms stated that he is still working on the contracts and got behind because he had lots of work to do and because of the weather. Councilmember Blesener stated that at its last meeting Council decided that it would consider Mr. Harms' extension request at this meeting after seeing whether there was evidence of significant effort during the two week interval. She asked Public Works Director Danielson for an update. Public Works Director Danielson responded that he has spoken to the city's project inspector Page No. 2907 September 18, 1990 and prepared the handout status report for this evening. He informed Council that there has been progress - the bituminous work has been completed - but that the sodding has not been completed and there has been nothing done about seeding. Mayor Mertensotto stated that GMH has a contract with the City and that Council will not consider granting any concessions until the projects are completed. He further stated that he has had many complaints on the manner of the work and that the public relations of the GMH crews to the City residents has not been good. He informed Mr. Harms that Council will see when the contracts are completed how well they have been done and may consider concessions at that time. Councilmember Anderson stated that Council is not necessarily interested in saving the City $200 a day. Council's concern is that the projects were set up to assure completion by the dates established, which is why Council is concerned over what has been done during the last two weeks. He further stated that he is afraid the seeding season has been lost for this year and that he is more concerned over the completion dates than over the $200 per day. Mr. Harms commented that there is never going to be anyone happy about anything - many residents were against the trails and there were people who would turn on their sprinklers, getting the soil wet after drying had occurred and causing delays. He felt that the City is listening more to the residents than it should be. He asked whether Council is aware of how many things were changed or added in the contract, how many things needed to be done by hand, and how many change orders there have been. He stated that he is diligently working to get the jobs done. Mayor Mertensotto informed Mr. Harms that he should get the projects done and then Council will discuss his request again. PARK STATUS REPORT Council acknowledged a status report on park referendum improvements. Councilmember Blesener stated that the report had been prepared in response to her request and that she is satisfied with it as presented. She Page No. 2908 September 18, 1990 asked that a summary of the report be included in the next City newsletter. Parks Project Manager Guy Kullander answered Council questions regarding MSA funding. There was also discussion over safety of the trail at the Dodd/T.H. 110 intersection. Staff was directed to explore options for improving safety at the intersection, including the possibility of a bridge over the drainage ditch by the Amoco station. PARK IMPROVEMENTS Council acknowledged a tabulation of bids and recommendation on the issuance of purchase orders for ballfield improvements for the neighborhood parks. Councilmember Blesener suggested that if the City is going to handle installation of fences, concrete pads and benches for the 7 neighborhood parks, perhaps there should be negotiation with the school district to install the same improvements on school property, specifically at the Mendota School. She stated that Mend-Eagan uses the Mendota School ballfields a great deal and suggested that perhaps installation of the improvements could be a joint effort between the School District and the City. Administrator Lawell was directed to contact the superintendent of schools to discuss options and to see if the district would be willing to cooperate or what kind of permission the City would need to do the work. Councilmember Blesener moved to authorize staff to prepare purchase orders to Fenc-Co, Inc. in the amount of $8,260 for backstops and players protective fencing; Miracle Recreation Equipment Company in the amount of $3,472 for fourteen 15 foot aluminum player benches, and to Johnny Masonry in the amount of $5,307 for concrete pads for player benches. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 RECYCLING PROGRAM Council acknowledged and discussed a memo from the Administrative Assistant regarding the funding application for the 1991 recycling program. Page No. 2909 September 18, 1990 After brief discussion, Councilmember Hartmann moved adoption of Resolution No. 90-70, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM." Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 ASSESSMENT APPEALS Council acknowledged notices of assessment appeal from Mr. Robert Morin and Mr. Vern Colon for Improvement No. 88, Project No. 6. Councilmember Anderson moved to direct staff Xathleen M. Swanson ATTEST: City Clerk Charles E. Mertensotto Mayor to refer both notices of appeal to the City Attorney to defend the City's position with regard to the assessments. Ayes: 4 Councilmember Hartmann seconded the motion. Nays: 0 RESCHEDULED MEETING Council acknowledged and discussed a memo from the City Clerk regarding rescheduling of the November 6th meeting, the date of the General Election, and scheduling of the Election Canvassing Board. Councilmember Blesener moved to reschedule the starting time of the November 6th meeting to 8:30 P.M. and to conduct the Election Canvassing Board at 5:30 P.M. on November 7th. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 7:00 P.M. on October 2nd for a closed session for labor negotiations. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:53 o'clock P.M. Xathleen M. Swanson ATTEST: City Clerk Charles E. Mertensotto Mayor