1991-01-16 Council minutesPage No. 2999
January 16, 1991
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 15, 1991
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,
Koch and Smith.
AGENDA ADOPTION
Councilmember Blesener moved adoption of the
revised agenda for the meeting, further
revised to remove item 5b, Fire Department
monthly report, from the agenda and to move
item 5e, Barton-Aschman contract, to the
regular portion of the agenda.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Councilmember Blesener moved approval of the
minutes of the January 2nd regular meeting.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Smith moved approval of the
consent calendar for the meeting along with
authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the Treasurer's monthly
report for December.
b. Acknowledgment of a notice of water rate
increase from the St. Paul Water Utility.
C. Authorization to accept quotes and issue a
purchase order for a plain paper facsimile
machine for joint use by the
Administration/Engineering/Utility/Code
Enforcement Departments.
d. Adoption of a letter of appreciation for
Dr. Thaddeus Chao to be presented by
former Mayor Lockwood at a retirement
Page No. 3000
January 16, 1991
dinner in Dr. Chao's honor on February
2nd.
e. Approval of the list of contractor
licenses dated and attached hereto.
f. Approval of the list of claims dated and
totalling $1,025,028.37.
g. Acknowledgement of the minutes of the
January 8th Park and Recreation Commission
meeting.
h. Acceptance of a letter of resignation from
Carol Bakka from the position of Police
Secretary, effective April 1, 1991.
It was noted that the renewal of the
Centex Homes' General Contractor License,
which was included in the list of
contractor licenses, is approved with the
recognition that Council has concerns over
approval of the license given past
allegations of poor workmanship and
inadequate quality and that it may
undertake a future investigation of the
appropriateness of renewal of the Centex
license.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
PARK CONTRACT Council acknowledged a letter from Barton
Aschman Associates requesting an increase in
its contract for park design, on the basis
that the original contract anticipated
$346,000 in construction for Mendakota Park
while the project has been expanded and is now
estimated to be $550,000. Council also
acknowledged a memo from staff regarding the
request and recommending that the contract be
amended to a "time and materials basis."
Mayor Mertensotto stated that he would like a
$30,000 cap to be established in the contract.
Barton Aschman would then have to come back
for additional Council approval if the $30,000
is not sufficient to cover time and materials.
Councilmember Blesener moved that the contract
with Barton Aschman be amended to increase the
Mendakota Park design to a "not to exceed"
amount of $30,000, and further that staff be
Page No. 3001
January 16, 1991
directed to work out a new letter of agreement
with Barton Aschman.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
SOLVAY BUILDING PERMIT Council acknowledged a memo from Public Works
Director Danielson regarding a request from
United Properties for approval of a building
foundation permit for phase 2 of the Solvay
Animal Health, Inc. facility (construction of
a 30,000 square foot free-standing
pharmaceutical laboratory).
Ayes: 5
Nays: 0
Mayor Mertensotto stated that at the time
Solvay built phase one of its project, they
anticipated that they might need expansion for
additional use and set aside an adjacent
parcel of land for the proposed expansion. He
further stated that United Properties has
agreed to go the public hearing process for
amendment of the Solvay P.U.D and to process
requested variances for parking, sign and
building setbacks.
Councilmember Cummins moved to grant a
foundation permit for construction of phase 2
of Solvay Animal Health, Inc.
Councilmember Smith seconded the motion.
Administrator Lawell informed Council that
United Properties understands that any
foundation permit will be at the sole risk of
United and also that Dale Glowa has
acknowledged that if the necessary variances
are denied he will have to make adjustments in
the building.
STREET LIGHTS Council acknowledged a memo from Public Works
Director Danielson regarding requests for
street lights along Huber Drive and on Marie
Avenue at Eagle Ridge Drive.
Mayor Mertensotto stated that Council has been
considering a street light policy for some
time. He informed the audience that he and
former Councilmember Hartmann had been
appointed as a committee to be responsible for
recommending a residential street light
standard, but that they had not found a
standard that they particularly liked. He
further stated that he has no problem with the
requests but thinks Council should give
Page No. 3002
January 16, 1991
consideration to adopting a policy and a
standard for major intersections such as those
requested. He felt that the lights used in
the United Properties business park are
appropriate.
Councilmember Cummins suggested tabling the
requests until the spring council workshop, at
which time the new members can be given
background information.
Councilmember Smith stated that she would
appreciate the opportunity to learn more about
the issue, that she has no problem with the
lights but does have some questions.
It was Council consensus to lay the matter
over and to discuss a street light policy at
the Council goal setting workshop.
SOLVAY Mr. Dale Glowa, from United Properties,
presented and reviewed drawings and the site
plan for the Solvay phase 2 project. He
described the variances which will be
requested, and confirmed that United
Properties understands and accepts that there
might be risk involved in acquiring a
foundation permit before the minor PUD
amendment and variances are considered.
HEARING - M.I.S.T. Mayor Mertensotto opened the meeting for the
purpose of a continued public hearing on the
Con-Spec - M.I.S.T. request for conditional
use permit for an indoor soccer arena.
Council acknowledged a memo from
Administrative Assistant Batchelder indicating
that MIST has been unable to obtain financing
for the project and that it appears that they
will not pursue the project.
Ayes: 5
Nays: 0
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 Smith seconded the motion.
Councilmember Cummins moved to terminate the
Con-Spec/MIST application from further
Page No. 3003
January 16, 1991
consideration.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
FURLONG UPDATE Council acknowledged an update on Furlong Area
improvements. Engineer Klayton Eckles briefly
reviewed the memo, informing council that HRA
funding is available to pay off assessments
for low income households and reduce
assessments to moderate income households. He
informed Council on the status of plans and
specifications and easement negotiations.
With respect to easement acquisition, Mayor
Mertensotto stated that it must be understood
that easements will not be purchased until it
is certain that the project will go through.
He felt that a letter of understanding on
easement acquisition should be conditioned
upon the City actually ordering the project.
He suggested that the property owners be
requested to sign the easement documents but
be given a letter of understanding that the
payments will not be made and the easements
will not be filed until the project is
ordered.
Mayor Mertensotto asked if there is a way to
assist residents with their hook-up charges,
including those costs within the assessment
program for those home owners who consent to
assessing hook-up costs.
Treasurer Shaughnessy responded that the
question has not been fully investigated but
that the City would have to take bids and
award a contract for bringing pipe from the
services to the houses. Mayor Mertensotto
asked that staff research the matter.
Mayor Mertensotto noted that Councilmembers
Blesener and Cummins have been opposed to the
project in the past and asked for their
comments.
Councilmember Blesener stated that she has
always been opposed in principle and still is,
but that she believes it would be a disservice
to the neighborhood to continue to oppose
plans that are underway.
Councilmember Cummins responded that his
objection has been premised on the fact that
Page No. 3004
January 16, 1991
perhaps the neighborhood should not be
sustained indefinitely. He stated that he
feels the project has proceeded far enough
that Council should stick with it.
Councilmembers Koch and Smith indicated that
they are in favor of proceeding with the
project.
Responding to questions from Councilmember
Blesener, Mr. Eckles stated that staff has not
attempted to negotiate trail easements and
that the greenhouse will be required to
connect to sanitary sewer but that there is
some question as to whether water will be
extended to the greenhouse area before the
Mendota Interchange project is constructed.
It was the Council consensus to approve the
easement amounts, on the basis of $0.30 per
square foot plus damages and to direct staff
to proceed with the vacation process for the
Schwartz and Tousignant parcels.
EXCESS MN/DOT R.O.W. Council acknowledged receipt of a memo from
Public Works Director Danielson regarding a
letter from Mn/DOT informing the City of
impending reconveyance of T.H. 149 right-of-
way at the northeast quadrant of T.H. 110/149.
Mr. Danielson stated that Mn/DOT intends to
release T.H. 149 right-of-way east of the
shopping center and that the first piece
proposed to be released is the former Birch
property north of T.H. 110.
Mayor Mertensotto stated that he understood
that the City has the first option on the
right-of-way and that if the City needs the
land it could purchase the right-of-way from
Mn/DOT at current market value. In the event
that the City does not want the property, the
buyer would have the option to repurchase it
at market value.
Councilmember Blesener felt that Council
should keep its options open in case it some
day decides to put a bridge over T.H. 110.
Mayor Mertensotto suggested that the potential
use of the property should be studied as part
of the Paster feasibility study.
It was noted that if study of City needs and
options for the property is included in the
Paster feasibility study, those cost for that
Page No. 3005
January 16, 1991
portion of the study must be borne by the
City.
Councilmember Cummins asked whether past
reports addressing the crossing of T.H. 110
could be updated. Councilmember Blesener
suggested that the Planning Consultant be
requested to consider the matter and suggest
the best course of action with respect to the
right-of-way.
It was the consensus that Mn/DOT be notified
that Council is not interested in releasing
the right-of-way at this time.
BOARD OF REVIEW Councilmember Blesener moved that the annual
Board of Review meeting be conducted at 7:30
P.M. on Tuesday, April 9th.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS Mayor Mertensotto informed Council about
contacts he has had with the City's insurance
carrier the LMCIT's obligations with respect
to coverage for the Centex litigation.
Mayor Mertensotto also informed Council of an
upcoming meeting of the Dakota County Citizens
Against Burning and an upcoming AMM
legislative reception and Board vacancy.
Councilmember Blesener stated that she would
appreciate periodic updates to Council from
NDC-4 representative Rogosheske. It was the
consensus that Mr. Rogosheske be requested to
appear at a February Council meeting.
Council discussed the Park and Recreation
Commission minutes, particularly with respect
to indefinitely delaying installation of play
equipment at the Sibley Park. Councilmember
Blesener stated that she feels strongly that
delaying installation is a bad decision and
pointed out that many residents fully expect
to see play structures at the site. She
pointed out that a commitment was made as part
of the referendum package and that the
commitment should be honored. Staff was
directed to place the matter on the next Park
Commission agenda.
Page No. 3006
January 16, 1991
ADJOURN There being no further business to come before
the Council, Councilmember Blesener moved that
the meeting be adjourned.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:03 o'clock P.M.
ATTEST:
F&
WA
Charles E. Mertensotto
Mayor
4-7
Ka(thleen M. Swanson
City Clerk