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1987-11-03 Council minutesPage No.1 November 3, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 3, 1987 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, 750 South Plaza Drive, 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 Cummins moved approval of the minutes of the October 20th meeting with correction. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the minutes of the October 27th Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for October. c. Acknowledgment of a letter from the Minnesota Valley Humane Society. d. Adoption of Resolution No. 87 -104, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 86, PROJECT NO. 8," awarding final payment of $7,277.68 to Lake Area Utility Contracting, Inc. for Mendakota Estates improvements. e. Adoption of Ordinance No. 244, "AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF ELB LANE TO ARVIN LANE." Page No.2 November 3, 1987 f. Approval of Change Order No. 1 to the contract for public improvements to serve the Rolling Woods and The Ponds of Mendota Heights. g. Approval of the list of contractor licenses dated November 3, 1987 and attached hereto. h. Approval of the issuance of a Rubbish Hauler license to Knutson Rubbish Service, Inc. i. Approval of the issuance of a Cigarette License to Fina Serve, Inc. J • Approval of the list of claims dated November 3, 1987 and totaling $293,475.01. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 VICTORIA/13 Mn/DOT representatives Bob Winter and Jack Krasky UPGRADING were present to review and request approval of plans for the upgrading of T.H. 13 over I-35E and the relocation of the intersection of T.H. 13 and Victoria. Mr. Krasky reviewed the proposed plans, including the replacement of the existing bridge, and stated that the project will begin in the spring of 1989 and should be completed during the same season. The Council expressed concern that cross-overs from realigned Victoria to the Brooks Superette will be allowed. Councilmember Blesener suggested that a raised median be installed in Highway 13 so as not to permit crossovers from Brooks except directly across from Victoria. Mayor Mertensotto suggested that left turns from Highway 13 to Victoria be restricted during specific hours during the day. Mayor Mertensotto asked the Mn/DOT representatives to consider the Council's concerns and try to improve on the plans before construction begins. Mrs. Carol Damberg, 975 Caren Road, asked whether there would be any neighborhood hearings on the project and also stated that she didn't think anything would improve the situation at Brooks unless stop signals or a sign system are installed. Councilmember Hartmann moved adoption of Resolution No. 87-105, "RESOLUTION FOR LAYOUT APPROVAL OF TRUNK HIGHWAY 13 AND 35E FROM VICTORIA ROAD TO LILYDALE ROAD." Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING -- LEARNING TREE Ayes: 5 Nays: 0 CITY HALL Page No.3 November 3, 1987 Mayor opened the meeting for the purpose of a continued public hearing on an application for conditional use permit to construct a Learning Tree Day Care facility on Victoria Road. He informed the audience that the applicant has requested that the hearing be postponed to December 1st. Mr. Bill Malchow, 1020 Victoria Court, asked that he be notified if the hearing date changes again and if there are any changes in the proposal. He stated that he would then notify his neighbors. Councilmember Cummins moved that the hearing be continued to 8:00 P.M. on December 1st. Councilmember Hartmann seconded the motion. City Hall architect Bob Pierce distributed a tabulation of bids received for construction of the city hall, including bids from general, mechanical and electrical contractors. He recommended that Council accept the low bids of Joseph Construction for general construction, Doody Mechanical for mechanical work and Thomas Electrical for the electrical contract. He urged the Council to accept the alternate bids for construction of the exterior entry canopy and recommended rejection of all alternate proposals other than the canopy and lawn irrigation system. Treasurer Shaughnessy informed Council that he had requested proposals for lease financing in the amount of $1.4 million for City Hall and must now increase that request to $1.5 million. He stated that four proposals had been received, two of which were in accordance with what was requested. He reviewed the differences between those proposals, submitted by Juran & Moody and Dougherty, Dawkins. Representatives of each of the two firms then reviewed their proposals for Council. It was the consensus of Council that Mr. Shaughnessy should ask Juran & Moody and Dougherty, Dawkins to submit firm proposals for $1.5 million with a fifteen year term and firm interest rate. Councilmember Cummins moved to accept the City Hall construction bids and table the City Hall bid award and financing program to November 10th at 5:00 P.M. Councilmember Hartmann seconded the motion. ( ) Ayes: 5 Nays: 0 ATHLETIC COMPLEX Page No.4 November 3, 1987 Councilmember Witt left the meeting at 8:55 P.M> Mayor Mertensotto acknowledged School Board members Pendergrass, Doffing and Bakewell who were present for a discussion on the proposed athletic complex. Councilmember Blesener stated that the subcommittee's latest effort towards arriving at an agreement over developing a complex on the Sibley site is a three stage approach. The first phase would be for the City to acquire 10 acres of land (Hildebrandt, West and School District properties) and develop a park on the site. The School District would have a 99 year right to use of the ball fields during school hours and the City would have a 99 year right to use of the school's parking facilities during non-school hours. Under the second phase, the School District would prioritize its needs and invest in improvements to existing athletic facilities on school property. The third phase would be development and execution of an agreement for scheduling, maintenance, recreation board and other issues. Councilmember Cummins, a member of the subcommittee, stated that at the outset of negotiations his goal was to equalize the contributions between the School District and the City. He stated that while he participated in drawing up the agreement proposal reviewed by Councilmember Blesener, he has serious misgivings about it, particularly phases 2 and 3. He felt that the City would end up contributing much more than the School District by investing $1.2 million and buying school property, and would still have potential conflict over management of the facilities. He felt that the City would be better off purchasing the necessary land on its own and not sharing facilities. Mayor Mertensotto stated that the issue of an athletic complex on the Sibley site must be voted up or down, that discussion on the issue has monopolized the Council's time and has held up the planning on the southeast area for a very long time. He agreed with Councilmember Cummins's comments and expressed his appreciation for the efforts of the School Board and the subcommittee, stating that he understands that the primary obligation of the Board must be educational while the Council must consider what would be the best interest of the City. Page No.5 November 3, 1987 Councilmember Hartmann stated that everyone has worked very hard on the issue and that the bargaining on both sides has been in good faith, but that it appears that an agreement acceptable to both sides cannot be reached. He stated that he would be extremely hesitant to go ahead with Phase I of the proposed agreement before the issues in the other phases are resolved. Councilmember Blesener felt that the proposed agreement incorporates everything the group set out to accomplish several months ago: the City would own the park, would share use of the parking lot, and would be sharing the cost of maintenance. Councilmember Cummins pointed out that Councilmember Blesener is not asking for a vote on the issue but rather is asking for direction on whether to hammer out a specific agreement. He stated that he thought the School District owned 7 or 8 acres of land whereas they only own 3 acres and wants the City to buy that from them rather than contributing the property. Board Member Bakewell stated that he came to the meeting to answer questions if he could and was under the impression that the proposal made to the School Board representatives was a recommendation of the full subcommittee, but now Councilmember Cummins is not in favor of it. He pointed out that the City would have a facility in the center of the community, that 50% of its maintenance would be by the School District, and that the City would have use of the Sibley parking facilities. Councilmember Cummins stated that there continue to be problems over scheduling issues, the legal issues, etc., that those issues were not addressed in the proposal, and that he does not believe the two bodies will be able to get those issues resolved. Regarding sale of the property by the School District to the City, School Board member Doffing stated that buying the property was the desire of the Council which wanted full ownership. Councilmember Cummins stated that the subcommittee had suggested that the money received by the District for sale of the property to the City be used for improvement of existing facilities and that the District would be contributing nothing to the athletic facility except for blacktop. Page No.6 November 3, 1987 Board Member Bakewell asked why it is important to the City how the District uses that money. He stated that the agreement would result in a significant savings to the City and be a win-win situation for both parties. Councilmember Cummins stated that he has always been concerned about establishing equity between the contributions made to a facility on this site. He felt that it would be a better City investment to have an owned 35 acre site and facility. Park Commission Chairman Stein stated that the Council is vascilating on its policies on community priorities: that Mayor Mertensotto stated 9 months ago that City ownership was a priority concern. He pointed out that this concern is met in phase one of the agreement and felt that if all the City got out of the proposal is Phase I, the Council would have accomplished its goal. Administrator Frazell stated that the subcommittee is scheduled to meet tomorrow morning and that the issue was placed on the agenda so that the subcommittee could see whether the entire Council agrees with the proposal. Councilmember Blesener asked what more the Council wants. Councilmember Cummins stated that there is no meaningful contribution from the School District and felt that there should be a more equitable contribution and more City control over the facility. He asked why the City should spend its money for a second rate facility when it can have a much better one. He stated that if there were some agreement over scheduling and liquor, etc., he would agree with Councilmember Blesener, but felt it is not reasonable to do phase one when the subcommittee has been unable to reach agreement over those issues. Commissioner Stein stated that at no time in the past has he herd that the quality and quantity of the contribution of the School District was a factor. Mayor Mertensotto stated that as far as he is concerned negotiations should cease. He felt too much staff and Council time is being spent going over the issue time and again and that not having a decision on the issue is a direct impediment to Page No.7 November 3, 1987 development of the Southeast Area. Councilmember Blesener stated that she feels the Council has in front of it everything it wanted when negotiations started. Councilmember Hartmann agreed with Mayor Mertensotto, stating that he does not believe the two groups are getting to the point of a mutual agreement that Council could expect to take to a bond referendum and that the City would possibly be well - served in stopping negotiations and pursuing the Riley site. Councilmember Cummins stated that he is not sure he sees any point in the subcommittee meeting again but that if the School District has something more to put forth within the next two weeks he would work with them. He pointed out that he is not comfortable with the current proposal without resolution of the scheduling and liquor issues. Councilmember Blesener stated that she is at a complete loss as to what the rest of the Council wants and that she feels that several months of time and the efforts of many people have been wasted. She stated that it appears that the Council is not satisfied with a phased proposal and thinks that the group is close enough that it should meet tomorrow. RECESS Mayor Mertensotto called a recess at 9:45 P.M. The meeting was reconvened at 9:56 P.M. CITY HALL PROJECT MANAGER HILLSIDE CREEK Discussion on the proposed contract with Gene Lange to serve as City Hall Project Manager was tabled to the November 10th meeting. Mr. Carl Anderson was present to request approval of the preliminary plat for the Hillside Creek subdivision and reviewed changes from the originally proposed plat. He explained that the number of lots has been reduced from 14 to 10, creating larger lots, and that as a result of this change, the Kallas and Christensen properties were removed from the plat but can still be developed as flag lots in the future. Responding to a question from Mayor Mertensotto regarding the feasibility study option of Laura Street being either 24 or 30 feet wide, Public Works Director Danielson stated that Laura is substandard now and the question is whether it should be upgraded to 30 feet as part of the Page No.8 November 3, 1987 Hillside Creek improvement project. Mayor Mertensotto stated that he would not want to vacate the Emerson Avenue right -of -way, particularly in view of the Planning Commission recommendation concerning constructing a bridge over the creek. Councilmember Blesener asked why Brookside wasn't used for access. Public Works Director Danielson responded that it has a very steep grade and that Brookside within the plat will have to be vacated as part of final plat approval. He stated that staff recommends a temporary cul -de -sac and the Planning Commission recommends extending Hillside Creek all the way to Laura. He pointed out that if Hillside Creek is to be extended through the plat a public hearing must be held. Councilmember Cummins moved approval of the preliminary plat for Hillside Creek and adoption of Resolution No. 87 -106, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS TO SERVE HILLSIDE CREEK SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT NO. 2)," the hearing to be held at 7:45 P.M. on December 1st. Councilmember Hartmann seconded the motion. Councilmember Cummins moved to approve a nine foot height variance for a new home to be constructed on Lot 2, Block 1, Park Place, conditioned upon submission of a color scheme for the structure's exterior finish for approval as part of a Council consent agenda. Councilmember Hartmann seconded the motion. Attorney Rolling Crawford was present to request approval of the preliminary plat for division of the Roger Mosvick property, 1133 Orchard Place into two 111 foot wide lots. Councilmember Hartmann moved approval of the Mosvick preliminary plat as submitted. Councilmember Blesener seconded the motion. TANDEM/CENTEX JOINT MEETING LOWER MINNESOTA WMO Ayes: 4 Nays: 0 MEETING DATE CHANGE Page No.9 November 3, 1987 Mr. Dick Putnam from Tandem Corporation, and Mr. Tom Boyce, from Centex Homes, were present to update Council on what has happened since the last discussion on their proposed development and to show Council an alternative plan they have put together relative to the park issue. As part of the discussion, Mr. Putnam informed Council that James Riley has served Centex with a cancellation notice on the property option which will become effective on January 1st. Mr. Putnam reviewed a proposed plan showing a neighborhood park/athletic complex in the center of the Centex development. He stated that the City could have two alternatives for the purchase the 30 acre site for a community athletic field and park: one alternative would be to purchase the property at the same price per acre that Mr. Riley is charging Centex; another alternative would be for the Council to change the Comprehensive Plan to shift some of the units that were on the now proposed park property to the M-R designated property. He stated that under this suggestion, there would be roughly 500 units over the total approximate 105 acre site. There would be approximately 43 acres of park and trails and roughly 60 acres of developable lands. He stated that this would reduce the purchase price of the land to the City to about $25,000 per acre from $35,000 per acre. After discussion, it was Council consensus that the proposal be referred to Howard Dahlgren and Barry Warner. It was the consensus of Council that the proposed joint meeting with the Planning Commission be conducted in January and that the matter be referred to the Commission for selection of a date. On the recommendation of the Public Works Director, Councilmember Hartmann moved to authorize the Mayor to execute a petition to join the Lower Minnesota River Watershed District. Councilmember Cummins seconded the motion. Administrator Frazell suggested that the meeting scheduled for November 17th be rescheduled to November 19th and that all items which would normally have been scheduled for the 17th be scheduled on the 19th. Page No.10 November 3, 1987 Councilmember Blesener moved that the November 17th meeting be canceled and that all items which would have been scheduled on that date be rescheduled to November 19th. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Blesener asked staff to respond to a complaint she had received about cats running loose. CITY HALL STREET NAME Administrator Frazell was directed to explore possible names for the T.H. 110 frontage road which would be appropriate for the City Hall address. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved to adjourn the meeting to 5:00 P.M. on November 10th. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:10 P.M. thleen M. Swanson City Clerk ATTEST: *ref, Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON NOVEMBER 3, 1987 Concrete License: Diversified Masonry, Inc. Excavating License: B & L Excavating, Inc. Gas Piping License: Oakland Heating & Air Conditioning, Inc. General Contractors Licenses: Cirks Construction, Inc. Collage City Construction Doyle Construction, Inc. Enerjack Construction Irmiter Contractors & Builders, Ltd. Midwest Fireplace Company Metropolitan Fireplaces, Inc. Natural Designs Construction, Inc. Rick Pavek Construction Heating & Air Conditioning Licenses: Oakland Heating & Air Conditioning, Inc. 1897 Rubbish Haulers License: Knutson Rubbish Service, Inc. 1987 Cigarette License: Fina Serve, Inc.