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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