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1989-04-04 Council minutesPage No. 2511 April 4, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 4, 1989 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, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion. Councilmember Witt moved approval of the minutes of the March 21, 1989 meeting with corrections. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Authorization for the purchase of two 1989 Chevrolet Caprice vehicles for use as marked squad cars, from Thane Hawkins Polar Chevrolet, Inc. through the Ramsey County bid process, for a purchase price of $12,687 per vehicle. b. Adoption of Resolution No. 89 -25, "RESOLUTION APPROVING LOT DIVISION OF PART OF GOVERNMENT LOT 2." (Katz-Frye subdivision, Case No. 89 -04). c. Approval of a revised recycling budget for 1989. d. Authorization for staff to direct the appraisals of 1305 Kendon Lane, 1310 Kendon Lane, 1294 Kendon Lane, 1305 Furlong Avenue, and 1314 Furlong Avenue as requested by the property owners. Ayes: Nays: 0 PUBLIC COMMENTS RECYCLING Page No. 2512 April 4, 1989 e. Acknowledgment of the code enforcement monthly report for March. f. Acknowledgment of the Quarterly Goals Progress Report. Approval of the list of contractor licenses dated March 21st and attached hereto. g. h. Approval of the issuance of Rubbish Hauler Licenses for April 1st through December 31, 1989 to Triangle Rubbish and Roadway Rubbish. i. Approval of the List of Claims dated April 4, 1989 and totalling $187,425.84. Councilmember Witt seconded the motion. Mr. Virgil McQuay, 976 Kay Avenue, asked what action the City has taken to get the MAC to honor the City's flight pattern request. Mayor Mertensotto responded that the Council has requested documents from the MAC and FAA to substantiate the flight patterns being used and asking why no Environmental Impact Statement has been done. He informed Mr. McQuay that both agencies are in the process of collecting that data and will submit it to the City. Administrator Frazell stated that Walter Rockenstein will be at the next Council meeting with a visual presentation. He invited Mr. McQuay and, any other interested residents to attend the meeting. Councilmember Blesener suggested that public notices be placed in the local papers to inform the residents that the aircraft corridor issue will be on the next agenda. Administrative Assistant Kevin Batchelder showed a locally produced a film about recycling in Mendota Heights which had been prepared by City staff and the CATV Municipal Access Coordinator, Randy Olson. He informed Council that he has received over 1600 recycling program sign-up cards, IVY FALLS CREEK ADDITION BID AWARD Ayes: 5 Nays: 0 VAL'S ADDITION BID AWARD Ayes: 5 Nays: 0 CITY HALL BALLFIELD Page No. 2513 April 4, 1989 which represents program participation by nearly 60% of the households in the City. Mayor Mertensotto informed the audience that the award of bids for the Ivy Falls Creek Addition improvements had been tabled from the last meeting so that all property owners who would be affected by the project could be contacted. Public Works Director Danielson stated that the bids are extremely favorable and agreement has been worked out with the land owners, who want the City to proceed with the project and the Brookside Lane extension and bridge construction. Councilmember Cummins moved adoption of Resolution No. 89 -30, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER, AND STREET CONSTRUCTION TO SERVE iVY fALLS CREEK ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT NO. 2)," awarding the bid to HRS Construction, Inc., for their low bid of $140,261.80. Councilmember Hartmann seconded the motion. Council acknowledged a tabulation of bids received for the construction of public improvements to serve the Val's Addition. Councilmember Hartmann moved adoption of Resolution No. 89 -31, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE VAL'S ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 4)," awarding the bid to F.F. Jedlicki, Inc., for their low bid of $127,375.50. Councilmember Witt seconded the motion. Council acknowledged a memo from Administrator Frazell regarding upgrading of the City Hall ballfield. Councilmember Hartmann stated that when the City Hall was constructed,a request was made to do a number of the proposed Page No. 2514 April 4, 1989 improvements and the action was deemed inappropriate because the site is not a park site. He stated that the site was retained to be used as a youth field. He felt that the proposal is to make the site into something that it is not, and stated that he would like to see some type of planning report which indicates there is enough room to do what is proposed. Councilmember Witt agreed that Councilmember Hartmann's recollection of the earlier discussion was correct, that when it was discussed Council really didn't want a permanent structure. She stated that after studying the needs, she feels the City needs every ballfield it can get. Mayor Mertensotto agreed with Councilmember Hartmann, that the site is the City Hall site, not a designated park area. He stated that Council took very significant time and pains and spent $1.5 million to make the City Hall residential in nature, and that he feels open space around City Hall is much more appropriate. He felt that a ballfield is inappropriate from a planning standpoint, that the location is the Civic Center site - not a park area. He agreed that the matter should be referred to the Planning Consultant. He stated that while everyone would laud the fact that fields are needed, but that this is not the appropriate site. Councilmember Blesener stated that the City has very limited sites to choose from and that she feels it is totally appropriate to locate a ballfield adjacent to City Hall. Councilmember Witt stated that she originally felt that the area should be open space but recognizes the need for fields. She felt it would be inappropriate to say fields are needed but not at City Hall. Mayor Mertensotto asked whether it is desired that the Special Park fund purchase the property from the General Fund and make the site a permanent park. Councilmember Hartmann pointed out that the only reason the field exists now is because there was nothing on the site when the field was built. Ayes: 3 Nays: 2 Mertensotto Hartmann Page No. 2515 April 4, 1989 Councilmember Cummins stated that he concurred with the decision of a year ago that it was premature to talk about putting a ballfield on the site, but that he feels that the community needs a ballfield as soon as possible. He stated that he believes that it was the unanimous consensus of the ballfield committee that the City put a field into use as soon as possible. He further stated that he doesn't feel Council needs to dedicate the site to park use tonight but must take action on field right away. He felt that the site is very appropriate. Councilmember Blesener moved to approve the ballfield layout as prepared by City staff. Councilmember Cummins seconded the motion. Councilmember Blesener moved to approve purchase orders to five vendors for materials for construction of the ballfield improvements at a total cost of $17,828. Councilmember Cummins seconded the motion. Mayor Mertensotto pointed out that the action exceeds the $15,000 statutory limit for projects without going through the formal bidding procedure. Councilmember Cummins withdrew his second to the motion. Councilmember Blesener withdrew the motion. Councilmember Blesener moved that a purchase order for $12,124.00 be issued to Century Fence Company for a backstop and fencing. Councilmember Cummins seconded the motion. Mayor Mertensotto asked whether Council can do in five steps what is not authorized to do in a single action. City Attorney Hart stated that he believes these are actually five separate aspects, but that he would have to research the law. Councilmember Witt stated that she does the purchasing for the City of Eagan and that quotes are required for up to $15,000 purchases. She stated that the City has Page No. 2516 April 4, 1989 separate vendor quotes, each one less than $15,000, so a bid is not necessary. Mayor Mertensotto stated that Council has introduced a motion to underwrite a project, and the total amount of the award is $17,848. Councilmember Cummins stated that the statute says that cities cannot award a contract that exceeds $15,000. He pointed out that the motion is to award a single contract for $12,124, which is within the statutory guideline. Administrator Frazell pointed out that there is no one vendor who would bid on the total project and that the City is acting as its own general contractor. Vote on Motion: Ayes: 3 Nays: 2 Mertensotto Hartmann Councilmember Blesener moved that a purchase order be issued to Custom Turf in the amount of $3,500 for an irrigation system. Councilmember Witt seconded the motion. Ayes: 3 Nays: 2 Mertensotto Hartmann Councilmember Witt moved that a purchase order for concrete pads be issued to Johnny Masonry for $986.00. Councilmember Blesener seconded the motion. Ayes: 3 Nays: 2 Mertensotto Hartmann Councilmember Cummins moved that a purchase order be issued to Earl F. Anderson for $1,218.00 for players benches and a 42 seat bleacher. Councilmember Blesener seconded the motion. Ayes: 3 Nays: 2 Mertensotto Hartmann HEARING: MENDOTA Mayor Mertensotto opened the meeting for HEIGHTS ROAD RIGHT-OF- the purpose of a public hearing on an WAY VACATION application from United Properties for the vacation of a small portion of Mendota Heights Road right-of-way located at the Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FINAL PLAT, MENDOTA HEIGHTS BUSINESS CENTER 3RD ADDITION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FEASIBILITY REPORT, MENDOTA HEIGHTS BUSINESS CENTER Page No. 2517 April 4, 1989 northeast corner of the proposed Mendota Heights Business Center 3rd addition plat. Mr. Dale Glowa, from United Properties, was present for the discussion. He explained that many years ago a small portion of the property was mistakenly recorded on the property title as right -of -way and his company cannot get clear title to its property unless the small triangle of right -of -way is vacated. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:24 P.M. Councilmember Witt seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 89 -32, "RESOLUTION APPROVING VACATION OF A STREET RIGHT -OF- WAY." Councilmember Witt seconded the motion. Councilmember Witt moved adoption of Resolution No. 89 -33, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA HEIGHTS BUSINESS CENTER 3RD ADDITION." Councilmember Hartmann seconded the motion. Councilmember Hartmann moved to authorize the Mayor and City Clerk to sign a quit claim deed transferring the City's interest in the vacated Mendota Heights Road right - of -way to Northland Company. Councilmember Witt seconded the motion. Council acknowledged and discussed the. feasibility study for proposed public improvements to serve the Big Wheel Auto portion of the Mendota Heights Business Center, which is located north of future T.H. 13 and east of Pilot Knob (portion of the former MAC property). Mr. Dale Glowa stated that United Properties is not requesting roadways or Ayes: 5 Nays: 0 EXECUTIVE DRIVE Page No. 2518 April 4, 1989 storm sewer construction at this time, but has petitioned for sanitary sewer and watermain extensions to the site. He noted that the report erroneously indicates that the developers are in favor of Option A, but that he would like to retain the flexibility of using either of the options, since there is time to work with staff before it is necessary to make a decision on which option to use. It was noted that the developer plans to drain the site towards the Highway 13 right-of-way rather than petitioning for storm sewer at this time. Councilmember Blesener asked why it is not proposed to construct a storm sewer system for the site to connect into the future Mn/DOT system rather than using ditches. Public Works Director Danielson responded that the developer will be constructing a storm sewer system on the site to drain to T.H. 13 to connect into the State system when it is constructed. He also stated that when Pilot Knob is improved, it will have curb and gutter and storm sewer. Mr. Glowa indicated that his firm agrees in principal to future assessment to the Big Wheel site when T.H. 13 is constructed, but that he cannot agree to a "blank check" since oversizing will be required, and would like to work with the City and State to come up with an appropriate assessment figure. After discussion, Councilmember Hartmann moved adoption of Resolution No. 89-34, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS AND WATER TO SERVE MENDOTA HEIGHTS BUSINESS PARK (BIG WHEEL AUTO SITE, IMPROVEMENT NO. 88, PROJECT NO. 3). 11 Councilmember Cummins seconded the motion. Council acknowledged final plans and specifications for the construction of Executive Drive. Ayes: 5 Nays: 0 BEAVER TRAPPING Ayes: 5 Nays: 0 Page No. 2519 April 4, 1989 Councilmember Cummins moved adoption of Resolution No. 89-3g, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE LOTS 3,4,5,6, AND 7, BLOCK 4, AND LOTS 1 AND 2, BLOCK 5, MENDOTA HEIGHTS INDUSTRIAL PARK (EXECUTIVE DRIVE, IMPROVEMENT NO. 89, PROJECT NO. 2) . II Councilmember Biesener seconded the motion. Council acknowledged a memo from the Public Works Director regarding beaver dams between T.H. 110 and Marie Avenue and south of T.H. 110 and requesting authorization for trapping. Councilmember Cummins moved to allow an exception to Ordinance No. 914 and authorize Kevin Custer to proceed to trap beavers at the locations cited in the Public Works Director's memo. Councilmember Hartmann seconded the motion. COMMISSION APPOINTMENT Council acknowledged letters of application for appointment to the Planning Commission (Dorothy McMonigal unexpired term) from Edyth Abrahamson, Dolores Heidenreich, Christine Koch, Daniel Tilsen, Brian Marshall and William Healey. It was Council consensus that the Council should meet at 6:45 on the evening of the Board of Review meeting, April 11th, to hear short presentations from each of the candidates. Ayes: 5 Nays: 0 CITY HALL GUTTERS Councilmember Cummins moved that when this evening's meeting is adjourned, it be adjourned to 6:45 P.M. on April 11th. Councilmember Hartmann seconded the motion. Council acknowledged and discussed a memo from the City Administrator regarding the installation of gutters on City Hall. There was discussion over whether there should be downspouts, and if so, whether the downspouts should be open or closed. Ayes: 5 Nays: 0 TEAMBUILDING Ayes: 5 Nays: 0 RESCHEDULED MEETING Ayes: 5 Nays: 0 Page No. 2520 April 4, 1989 Councilmember Hartmann moved to approve a partial guttering system in the front of the building and gutters and scuppers across the Police garage area only, to be designed to accept continuation of the guttering system and downspouts in the future. Councilmember Blesener seconded the motion. Council briefly discussed the list of objectives and outline for the April 15th teambuilding workshop. Councilmember Hartmann moved to call for a special meeting for a teambuilding workshop with the Planning Commission and Parks and Recreation Commission to be held on Saturday, April 15th at 9:00 A.M. at the Courtyard by Marriott Hotel. Councilmember Blesener seconded the motion. Council acknowledged a memo from the City Administrator regarding the rescheduling of the July 4th meeting. Councilmember Hartmann moved that the meeting scheduled to be conducted on July 4th be rescheduled to Tuesday, July 11th. Councilmember Witt seconded the motion. PARKS Council acknowledged a brief update from Administrator Frazell regarding the proposed acquisition of Mendakota site as had been recommended by the Citizen's Parks Review Committee. Administrator Frazell stated that at the last meeting Council received the Committee's recommendation which included acquiring the 10+ acre site owned by the C.G. Rein Company on Dodd Road and appointed a committee of Councilmembers Blesener, Witt and himself to meet with the property owners to discuss the possibility of acquisition. He informed Council that the committee met with the Rein representative, Ted Zinner last week and i ) Page No. 2521 April 4, 1989 while Mr. Zinner expressed a desire to work with the City, he stated that the company is committed to building its apartment complex, starting in May or June. Administrator Frazell stated that since the first meeting, Mr. Zinner has indicated that the Rein Company has decided it is not interested in selling the property to the City and has decided not to spend significant money for appraising the property. Councilmember Blesener stated that she believes Council has always suspected that the owners would not be interested in selling to the City and that she is not surprised by the response. Mayor Mertensotto stated that the City cannot condemn the property unless it has an appraisal. He felt that the City would be looking at some very significant costs for condemnation plus probably $1,500 to $2,000 for an appraisal. Responding to a question from Councilmember Blesener over timing, Mayor Mertensotto explained the condemnation and Quick Take processes. Councilmember Cummins pointed out that if the quick take process is used, the City would be committed to purchasing the property, and at whatever price is determined by the court. Councilmember Blesener stated that it has always been her understanding that condemnation was a process the City could take a look at, but that it sounds like the process cannot be used because an acquisition price cannot be targeted before the proposed referendum date. Administrator Frazell suggested that Council could refer the matter to the subcommittee to meet with the City Attorney. Councilmember Blesener asked that the subcommittee be authorized to hire an appraisal on the property if it finds that to be the best course of action after meeting with the City Attorney. SCHOOL DISTRICT Ayes: 5 Nays: 0 Page No. 2522 April 4, 1989 Councilmember Cummins asked whether Council can reasonably expect any information from the School District in a reasonable time, given the problems it is faced with because of the vandalism at Sibley High School. Administrator Frazell responded that the Superintendent of Schools has assured him that the district's property committee will be taking up the issue this week. Councilmember Cummins felt that Council must have some idea on the school district site before proceeding with an appraisal of the Mendakota site. Councilmember Blesener asked that the matters be referred to the subcommittee and ballfield committee to consider alternatives and requested authorization for appraisal of the Mendakota site. Councilmember Cummins stated that under the circumstances he is uncomfortable with authorizing any expenditure until Council has all necessary information back from the subcommittee. He stated that Council should have information from the School District in two weeks, and will have a recommendation back from the ballfield subcommittee as well, and that staff should get an estimate of what an appraisal would cost. Councilmember Hartmann stated that Council should also be given an idea of how long it would take to get an appraisal if one is authorized. Councilmember Witt stated that she would like Council to offer support and sympathy to the School District over the damage to Henry Sibley High School, and to offer to do whatever the City can to assist them. Councilmember Blesener moved to extend to School District 197 the City's assistance in any way it can possibly provide to respond to the situation at Sibley High. Councilmember Cummins seconded the motion. PROCLAMATION Councilmember Hartmann moved that the week of April 23rd be proclaimed National Page No. 2523 April 4, 1989 Consumer Week. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Administrator Frazell informed Council of a request he had received from the Minnesota Territorial Pioneers asking for suggested locations for an Association headquarters in the City. COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 Councilmember Blesener informed Council that she will be late to the April 18th meeting. She also suggested that the Administrator send an information letter to the Furlong area residents. She expressed concern over questions and comments from Mr. Bernard Biesener during the consent calendar portion of the meeting (requests for appraisals from several Furlong area residents). There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 6:45 P.M. on April 11th. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 9:28 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON APRIL 4, 1989 Concrete Licenses: Schock Construction Sement Construction, Inc. Excavating Licenses: Duane Ritter Excavating London Construction Company R. E. Paimen, Inc. Gas Piping License: Burnsville Heating & Air Conditioning General Contractor Licenses: Cedarcraft Construction/Design H & L Remodeling, Inc. Porch Living Reiling Construction Co., Inc. Walker Roofing Company, Inc. Wentworth Construction Heating & Air Conditioning License: Air Flow Systems, Inc. Plastering/Stucco License: Mel Koppen Plaster & Stucco RUBBISH HAULERS LICENSES FROM APRIL 1, 1989 TO DECEMBER 31, 1989 Triangle Rubbish Roadway Rubbish