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