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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