1989-03-21 Council minutesPage No. 2497
March 21, 1989
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, March 21, 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, Hartmann and Witt. Councilmember Cummins
had notified the Council that he would be out of town.
AGENDA ADOPTION
Ayes: 4
Nays: 0
APPROVAL OF MINUTES
Ayes: 3
Nays: 0
Abstain: 1 Hartmann
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 7th meeting.
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. Approval of the issuance of a purchase
order to Jeff Belzer's Todd Chevrolet
for their low bid of $12,238.00 for a
1989 Chevrolet pick -up truck for the
Public Works Superintendent
b. Adoption of Resolution No. 89 -24,
"RESOLUTION APPROVING FINAL PLAT FOR
MENDOTA HEIGHTS BUSINESS PARK."
c. Approval of an abatement for Michael &
Pauline O'Brien for Parcel No. 27-
22501- 020 -01 (886 Marie Avenue),
reducing the assessed value from $5,352
to $4,879.
d. Award of the contract for 1989 street
sweeping to Knutson Kleen Sweep, Inc.,
for their low bid of $51.00 per hour.
Ayes: 4
Nays: 0
VAL'S ADDITION
Ayes: 4
Nays: 0
RELOCATION ASSISTANCE
Ayes: 4
Nays: 0
ACQUISITION OF FUNK
PROPERTY
Page No. 2500
March 21, 1989
proposed U.S. West building as submitted
this evening.
Councilmember Witt seconded the motion.
Public Works Director Danielson briefly
reviewed the plans and specifications for
the Val's Addition improvements.
Councilmember Hartmann moved adoption of
Resolution No. 89 -26, "RESOLUTION APPROVING
FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BID FOR
IMPROVEMENTS TO SERVE VAL'S ADDITION AND
ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT
NO. 4) ."
Councilmember Witt seconded the motion.
Mayor Mertensotto briefly explained and
asked for questions and comments from the
audience regarding the proposed relocation
rules and guidelines which the City is
required to adopt prior to acquisition of
property by the tax increment district.
There were no questions or comments.
Administrator Frazell informed Council that
no written or verbal comments had been
received during the 30 day public comment
period.
Councilmember Witt moved adoption of
Resolution No. 89 -27, "RESOLUTION ADOPTING
RELOCATION RULES AND GUIDELINES FOR CITY OF
MENDOTA HEIGHTS DEVELOPMENT DISTRICT NO. 1
AND TAX INCREMENT FINANCING FOR
REDEVELOPMENT DISTRICT.:
Councilmember Blesener seconded the motion.
Council acknowledged and discussed the
Galen and Judith Funk request that the City
acquire their home and property located at
1199 Rogers. Road. Council also discussed
the purchase agreement (including addendum
and exhibit concerning a six month house
lease) and waiver of relocation benefits.
Responding to a question from Mayor
Mertensotto, Administrator Frazell stated
Page No. 2499
March 21, 1989
the extension, but that he has been unable
to contact the Superintendent of Schools
regarding the potential assessment to
School District 197 for Deduct Alternate 2.
Mayor Mertensotto suggested that action on
the bid award be tabled for 30 days so that
the bid results can be discussed with all
affected property owners.
After brief discussion, Councilmember
Hartmann moved to accept the bids for the
Ivy Falls Creek Addition improvements and
table action to the next regular City
Council meeting.
Councilmember Witt seconded the motion.
Ayes: 4
Nays: 0
U.S. WEST CONDITIONAL The Council acknowledged a report from the
USE PERMIT City Administrator regarding location and
proposed design for the U.S. West combined
essential service structure/park building
proposed to be constructed on the south
side of Mendota Heights Road at Huber
Drive, at the eastern end of the parking
lot for the proposed City recreation area.
Mr. Dahlman, from U.S. West, stated that
his firm will build and finish the interior
of the structure, including restrooms and
an overhand. He explained that the plan
has been drawn to accommodate a double
access to the facility and 60 parking
spaces. He stated that the easement needed
by U.S. West for access is approximately 32
feet wide, extending from the building to
the right-of-way. Mr. Dahlman indicated
the U.S. West equipment area in the
building will be 17 by 24 feet and that the
rest of the building will be for public
use.
It was the consensus
stand windows should
glass, and that U.S.
final plans back for
that the concession
be metal rather than
West should bring the
Council approval.
Councilmember Blesener moved approval of
the preliminary plan and location of the
Ayes: 4
Nays: 0
BID AWARD - IVY FALLS
CREEK ADDITION
Page No. 2498
March 21, 1989
e. Approval of the issuance of a sign
permit to Fina Mart, 1960 Dodd Road, to
allow installation of two 45 square
foot Fina Mart signs to be located on
the west and south sides of the
building.
f. Authorization to issue a purchase order
to Minnesota Valley Landscaping, Inc.,
for $3,148.20, to move six pine trees
from the Val's Addition plat as part of
the Improvement No. 88, Project No. 4
improvements.
Authorization for the Mayor and City
Administrator to execute the Joint
Powers Agreement to provide recycling
services between the cities of West St.
Paul, South St. Paul, Inver Grove
Heights, and Mendota Heights (Goodwill
recycling center).
h. Authorization to purchase 700 recycling
containers from Rehrig-Pacific Company
at a cost of $4,360.
g.
i. Acknowledgment of the Treasurer's
monthly report for January.
Approval
licenses
attached
k. Approval
licenses
31, 1989
• Approval
March 21
$106,555
of the list of contractor
dated March 21, 1989 and
hereto.
of the list of Rubbish Hauler
for April 1 through December
and attached hereto.
of the List of Claims dated
, 1989 and totalling
.80.
Councilmember Witt seconded the motion.
Council acknowledged receipt of a tabula-
tion of bids received for the Ivy Falls
Creek Addition public improvements. Public
Works Director Danielson informed Council
that he has contacted the four property
owners who would be affected by Deduct
Alternate 1 (extension of Brookside Lane to
Laura Lane) and that three are in favor of
Ayes: 4
Nays: 0
FOURNIER PROPERTY
Ayes: 4
Nays: 0
HEARING: CASE NO.
89-06, UNITED
PROPERTIES
Page No. 2501
March 21, 1989
that the closing date had not been
established yet.
Councilmember Witt moved to authorize the
Mayor, City Administrator and City Clerk to
execute the Standard Purchase Agreement
with Addenda and Relocation Benefits with
Galen R. and Judith Funk for purchase of
property at 1199 Rogers Road.
Councilmember Hartmann seconded the motion.
Council acknowledged a request from Ms.
Eileen Fournier that the City purchase her
home and property at 1306 Kendon Lane.
Councilmember Hartmann moved to order an
appraisal of the property owned by Eileen
Fournier at 1306 Kendon Lane.
Councilmember Witt seconded the motion.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on an app-
lication from United Properties for a
conditional use permit for planned unit
development for Block 5 of the Mendota
Heights Industrial Park, preliminary plat
approval for the Mendota Heights Business
Center 3rd Addition, and variances to allow.
8.5 foot wide parking stalls and 4 parking
stalls per 1,000 square feet of office
space.
Mr. Dale Glowa, representing United
Properties, Mr. George Christofferson from
Solvay Animal Health, Inc., and Mr. Doug
Most from Ellerbe Architects were present
for the discussion. Mr. Glowa informed
Council that the proposed plat is located
at the corner of Northland Drive and
Executive Drive. He stated that the 60,000
square foot Solvay Animal Health building
is currently being constructed on the
property, and gave Council information on
the Solvay organization. Mr. Glowa
informed Council that if the planned unit
development and preliminary plat are
approved this evening he will return for
final plat approval on April 4th.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
HEARING: IMPROVEMENT
NO. 89, PROJECT NO.
1 (MORIN)
Page No. 2502
March 21, 1989
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 8:10 P.M.
Councilmember Witt seconded the motion.
There was discussion on concerns about
water and air filtration system details for
the Solvay Building. Mr. Most stated that
his firm is designing those systems to
National Institute of Health Standards and
will provide the standards to the City. He
stated that he will give the City a letter
certifying that the water and air
filtration design conforms to those
standards.
Mayor Mertensotto stated that he would like
Mr. Most to specify the standards in a
letter and certify for the public records
that the building will meet those
standards.
After discussion, Councilmember Blesener
moved adoption of Resolution No. 89-28,
"RESOLUTION APPROVING A CONDITIONAL USE
PERMIT FOR MENDOTA HEIGHTS BUSINESS CENTER
3RD ADDITION," approval of the preliminary
plat of the Mendota Heights Business Center
3rd Addition, approval of variances to
allow 8.5 foot wide parking stalls and 4
parking spaces per 1,000 square feet of
building, conditioned upon receipt of
National Institute of Health air and water
filtration standards and a letter
certifying that the building will conform
to those standards.
Councilmember Witt seconded the motion.
Mayor Mertensotto opened the meeting for
the purpose of a public feasibility hearing
on proposed storm sewer improvements to
serve 963 Chippewa Avenue and adjacent
areas.
Public Works Director Danielson reviewed
the feasibility and explained the proposed
project. He stated that Mr. Robert Morin,
963 Chippewa, has petitioned the City to
Page No. 2503
March 21, 1989
install a storm sewer line to provide an
outlet for water which ponds at the rear of
his lots. Mr. Danielson reviewed the three
funding options contained in the study,
recommending Option 2 - assessing the Morin
property for trunk costs because the
property was not assessed under the
original storm sewer project, at $0.1516
per square foot, and assessing all
contributing property including the Morin
property for the remaining construction
costs.
Mayor Mertensotto asked whether the City
has received any responses from the
property owners about the proposed project.
Mr. Danielson responded that one
unidentified caller contacted him and
objected to being assessed for the project.
Mayor Mertensotto asked for questions and
comments from the audience.
Mr. Robert Morin stated that he has
submitted a letter to the City giving a
history of the drainage problems. He
stated that the City issued a building
permit to him in 1955 and that Chippewa was
raised 1.5 feet in elevation in 1955 which
caused water to drain onto his lot. He
further stated that Simard was raised 10 to
15 feet in 1963 without providing for
drainage, and he has been pumping to keep
his basement dry ever since.
Mayor Mertensotto asked whether all of the
Morin assessment could be levied against
one of the Morin lots to protect the City
against potential tax forfeiture of the
vacant lots.
Mr. Fred Mike, owner of Lot 5, Block 2,
stated that his lot drops off very quickly
at the rear and asked whether the rear area
could be filled in when the storm system is
installed.
Mr. Danielson responded that filling will
not occur as part of the project and that
Mr. Mike would have to apply for a wetlands
permit to do any filling or to construct a
house on the lot.
)
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
PARK RECOMMENDATIONS
Page No. 2504
March 21, 1989
There being no further questions,
Councilmember Witt moved that the hearing
be closed at 8:30 P.M.
Councilmember Hartmann seconded the motion.
Councilmember Blesener moved adoption of
Resolution NO. 89-29, "RESOLUTION ORDERING
PROJECT AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR STORM SEWERS TO SERVE
963 CHIPPEWA AVENUE AND ADJACENT AREAS
(IMPROVEMENT NO. 89, PROJECT NO. 1), based
on funding option 2 and Plan B.
Councilmember Hartmann seconded the motion.
Council acknowledged reports from the City
Administrator regarding the Citizen's Parks
Committee review recommendation, and
potential agreement between the City and
School District for Henry Sibley athletic
field development. Council also
acknowledged letters from Councilmember
(and Review Committee member) Cummins and
Committee member Mike Kluznik endorsing the
Committee's recommendations.
Councilmember Blesener, Chairperson of the
Citizens Park Review Committee, gave a
background on the committee and introduced
the Committee report and recommendation.
She stated that the committee of 20 to 25
people has been meeting since early January
to identify needs and to determine what the
best proposal would be to offer to the
voters. She indicated that the committee
identified three major issues, ballfields,
trails and neighborhood park improvements.
Councilmember Blesener then gave a report
from the ballfield subcommittee. She
stated that the group felt that 17 new
ballfields could be fully utilized within
Mendota Heights and that the subcommittee's
task was to address and meet the identified
needs. The group asked staff to prepare a
list of all potential sites in the City
which could hold at least two ballfields.
After reviewing this information, the
subcommittee compared potential acquisition
and development costs and determined to
deal with the three most cost effective
sites, which could each hold four fields.
Page No. 2505
March 21, 1989
She then reviewed the subcommittee
recommendation for acquisition and
development of the Centex property, 10.5
acres of the Mendakota Estates P.U.D., and
the Sibley site at Marie and Delaware. She
stated that the sites are very well
distributed geographically, that 12 fields
could be developed on the three sites, and
that neighborhood parks can be incorporated
into all of the locations. She recommended
that Council proceed with negotiations for
site acquisition.
Mayor Mertensotto asked how the plan would
be affected if negotiations for acquisition
result in costs that are not feasible.
Councilmember Blesener responded that the
Committee would have to get back together
and re-evaluate the plan. She informed
Council that the recommendation of the
Committee is definitely contingent upon
successful negotiations.
City Administrator Frazell then gave the
neighborhood parks subcommittee report.
The recommendation is to develop five new
( ' parks, the Sibley, Mendakota, Centex,
Hagstrom-King and Victoria Highlands sites.
The Committee also recommends the upgrading
of existing parks.
John Huber reviewed the trails subcommittee
report, which recommends the addition of 15
miles of trails to the existing system and
three highway crossing improvements at T.H.
110.
Park Commission Chairperson Jim Stein read
a resolution adopted by the Commission
endorsing the Citizens Parks Review
Committee recommendations.
Councilmember Blesener stated that the
Committee feels that the proposed program
can be accomplished for $2.5 million. She
asked Council to accept the recommendation
and appoint a committee to negotiate with
the School District and the Mendakota
Estates representatives.
Mayor Mertensotto asked whether the
Committee has a contingency plan for
cutting the program back if $2.5 million is
Ayes: 4
Nays: 0
Page No. 2506
March 21, 1989
not enough to acquire the properties and
construct all proposed facilities.
Councilmember Blesener responded that the
Committee should have a contingency list
both deducting and adding items.
Mr. James Losleben, a Committee member,
stated that he abstained from voting on the
bond issue at the committee meeting last
evening. He informed Council that his main
reason for abstaining is that he has
concerns over the estimated land costs for
the Mendakota property, there has been
objection in the past to the school site
and he would not want that issue to
jeopardize the bond issue, and that he is
concerned over the trails as they cross
intersections. He also felt that the City
must have firm agreements on the property
purchases and the Centex rezoning must be
accomplished. He expressed disappointment
that additional land acquisition is not
being proposed. He urged Council to
approve the negotiation process.
Mayor Mertensotto stated that there is
general Council agreement on the overall
plan, recognizing that agreements must be
negotiated with the School District and
Mendakota Estates so that firm costs can be
known and a contingency plan for cutting
back can be developed if necessary. He
commended the committee for its efforts.
Councilmember Blesener informed Council and
the audience that the Committee would like
to hold open houses for the public within
the next few weeks to get feedback.
Councilmember Witt moved to accept the
recommendation of the Citizen's Parks
Review Committee and direct staff and the
Committee to work toward a final
recommendation for the Council meeting of
May 2, 1989.
Councilmember Hartmann seconded the motion.
Councilmember Hartmann moved to appoint
Councilmembers Blesener and Witt and
Administrator Frazell as a negotiating
committee to meet with the School District
towards a Joint Powers Agreement and the
(
Page No. 2507
March 21, 1989
owners of the Mendakota property to pursue
acquisition and/or development plans
Councilmember Witt seconded the motion.
Ayes: 4
Nays: 0
PERSONNEL Police Chief Delmont was present to
introduce David L. Olson, Jr., and to
recommend his probationary appointment as a
police officer.
Ayes: 4
Nays: 0
EAST METRO DRUG TASK
FORCE
Ayes: 4
Nays: 0
FUMING EQUIPMENT
Councilmember Hartmann moved that David L.
Olson, Jr. be appointed to a probationary
one year period as Mendota Heights Police
Officer, effective April 1, 1989.
Councilmember Witt seconded the motion.
Police Chief Delmont explained and
described the East Metro Drug Task Force
and asked for Council endorsement of City
participation.
Mayor Mertensotto asked whether there is
sufficient manpower in the department to
allow an officer to be assigned to the Task
Force as requested.
Chief Delmont responded that he does not
know at this point, and that if the program
is effective he may need to request an
additional officer in the future. He
stated that if the participation is
approved, the department will be committing
a person for a minimum of eight months.
Councilmember Blesener moved to endorse a
Mendota Heights Police Officer being
dedicated on a part-time basis to the East
Metro Drug Task Force, the officer's salary
and overtime to be paid by the Mendota
Heights Police Department.
Councilmember Hartmann seconded the motion.
Chief Delmont requested Council
authorization to purchase fuming equipment
for processing evidence. He explained the
uses and benefits of the equipment and
responded to Council questions.
Ayes: 4
Nays: 0
DARE PROGRAM
Ayes: 4
Nays: 0
PUBLIC COMMENTS
FIRE STATION LEASES
Ayes: 4
Nays: 0
AIRPORT ADEQUACY
Page No. 2508
March 21, 1989
Councilmember Witt moved to authorize the
purchase of a fuming hood, base and fan
from Fisher Scientific for $4,970.
Councilmember Hartmann seconded the motion.
Police Chief Delmont described and showed a
videotape on the DARE (Drug Abuse
Resistance Education) program for Council
and the audience. He stated that if
participation is approved by the Council, a
police officer will be trained to give 17
one-hour units of classroom lessons to
fifth grade students in the City's school
system to teach them how to say no to
drugs. He stated that DARE would be a
joint project between the School District,
Mendota Heights, and the cities of West St.
Paul and Eagan. He asked that Council
approve and support the concept.
Councilmember Hartmann moved to endorse the
DARE program and to authorize the
expenditure of up to $2,000 to train a
Mendota Heights Police Officer to deliver
the program to the five fifth grade classes
in Mendota and Somerset Elementary Schools.
Councilmember Blesener seconded the motion.
Mr. James Losleben asked why the City Hall
ballfield had been removed from the agenda
and expressed his dissatisfaction with the
use of revised agendas.
Council acknowledged requests from Tom
Weinzettel and Harry Kirchner for
extensions of their leases for fire station
space.
After brief discussion, Councilmember
Blesener moved to grant fire station lease
extensions to June 1, 1989 to Tom
Weinzettel and Harry Kirchner.
Councilmember Witt seconded the motion.
Council acknowledged and briefly discussed
a letter from Richfield Mayor Steve Quam
requesting City participation in
ADULT USES AND HOURS
COUNCIL COMMENTS
Page No. 2509
March 21, 1989
preparation of a study responding to the
MSP Airport Adequacy Task Force Study.
City Attorney Tom Hart reviewed his memo
regarding adult uses and hours of operation
for businesses. He stated that you do find
that adult uses can result in decreased
property values and increased crime and in
that regard cities can restrict such uses.
He reviewed the legal implications of
restricting uses and possible approaches
Council can take.
Councilmember Blesener felt that Council
should pursue the matter now, before the
City is faced with a potential problem, and
suggested that Mr. Hart and staff come back
with a recommendation on both uses and
hours.
Councilmember Witt suggested that the
issues be discussed at the April work
session.
Mayor Mertensotto stated that he does not
want to spend any more time and money on
reports or to load staff with another task
when they are so busy now.
Councilmember Blesener expressed concern
over roaming dogs and informed Council on a
call she had received from a resident whose
cat had been killed by roaming dogs. She
asked that a flyer be prepared and
distributed to alert the community to the
problem.
Police Chief Delmont stated that he was
aware of the problem and the incident and
has directed the animal control firm to
patrol. He stated that he can prepare
flyers if distribution can be arranged.
Councilmember Witt reported on the
Legislature's discussions on the tax law
and stated that is necessary for the City
to monitor and keep pressure on the
Legislature on the tax issues.
(
ADJOURNMENT
Ayes: 4
Nays: 0
ATTEST:
K
1 M 711 Swanson
41-4g
thleen M.
City Clerk
Page No. 2510
March 21, 1989
There being no further business to come
before the Council, Councilmember Hartmann
moved that the meeting be adjourned.
Councilmember Witt seconded the motion.
TIME OF ADJOURNMENT: 10:33 o'clock P.M.
Charles E. Mertensotto
Mayor
LIST
OF CONTRACTORS TO BE APPROVED BY
ON MARCH 21, 1989
Concrete License:
Miller Brick & Stone
Excavating License:
Eagan Excavating Co.
General Contractors Licenses:
Al Herrmann Construction, Inc.
Bohnsack & Hennen. Excavating
Craig Hoff, Inc.
Countryside Fence
Custom Pools, Inc.
McKnight & Associates, Inc.
Metropolitan Fireplace
T's Landscaping
Unipro Construction Company
Heating & Air Conditioning License:
Burnsville Heating & Air Conditioning
Plastering/Stucco License:
Jerry's Drywall Service
CITY COUNCIL,
•
RUBBISH HAULER LICENSES FROM APRIL 1, 1989 TO DECEMBER 31,
1989
BFI Action Disposal
BFI/Woodlake Sanitary Service, Inc.
Knutson Rubbish Service, Inc.
Krupenny, & Sons Disposal Service
Mendota Heights Rubbish