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1987-05-19 Council minutesPage No. 2438 May 19, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 19, 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. Councilmember Witt had notified the Council that she would be late. AGENDA ADOPTION Councilmember Hartmann moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Councilmember Cummins moved approval of the minutes MINUTES of the May 5th meeting with corrections. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR 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 Treasurer's monthly report for April. b. Acknowledgment of a memo regarding a manual check from the May 5th claims list to the Dakota County Court. c. Acknowledgment of a memo regarding medical response by the Fire Department. d. Acknowledgment of a letter from Senator Howard Knutson regarding legislative matters. e. Approval of the list of claims dated May 19, 1987 and totalling $322,764.63. f. Approval of the list of contractor licerises.. Page No. 2439 May 19, 1987 dated May 19th and attached hereto. Councilmember Cummins seconded the motion. Ayes: 4 - Nays: 0 BID AWARD, Public Works Director Danielson reviewed bids - SPRING CREEK ACRES received for construction of improvements to serve Valley Curve Estates and Spring Creek Acres. In response to a question from Mayor Mertensotto, Mr. Danielson stated that the property owners are aware that the bids are considerably higher than the engineering estimate and that in the case of Spring Creek Acres, the owner has sold all of the lots on the agreement that the properties will be assessed $15,000 per lot and she will pay all assessment obligations for the project in excess of $15,000 per lot. Mr. George Spanjers, owner of the properties within Valley Curve Estates, acknowledged that he had been informed of the bids and did not have a problem with the increase over the estimate. Councilmember Cummins moved adoption of Resolution No. 87 -42, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS AND WATER SERVICES TO SERVE VALLEY CURVE ESTATES (IMPROVEMENT NO. 86, PROJECT NO. 5), AND SANITARY SEWERS, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE SPRING CREEK ACRES (IMPROVEMENT NO. 87, PROJECT NO. 1)," awarding the contract to Orfei Contracting, Inc., for their low bid of $145,403.82. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 SPRING CREEK ACRES PLAT Public Works Director Danielson explained his memo relative to a requirement from the County that certain items be resolved on the Spring Creek Acres plat before it will be accepted for recording. Those items are: that the vacated street within the plat be added to the Torrens property description; that the City land acquired by tax forfeit be more definitively described; that the temporary easement acquired by the City for Marie Avenue improvements some time ago be released. Councilmember Cummins moved that the City Clerk be authorized to execute the proceedings subsequent document relative to the vacated street action and that the Mayor be authorized to execute a Lis Pendens document for easement release and Quit.., Ayes: 4 Nays: 0 PARK PLACE BID ■ AWARD Ayes: 4 Nays: 0 HEARING - SPECIAL SERVICE DISTRICT/ COMMERCIAL STREET LIGHT IMPROVEMENTS Page No. 2440 May 19, 1987 Claim Deed to Lot 1, Block 1, Spring Creek Acres, to remove the tax forfeit property from the description of the Lot. Councilmember Hartmann seconded the-motion. The Council acknowledged the transcript of bids received...for construction of the Park Place Addition public improvements. Councilmember Cummins moved adoption of Resolution No. 87-43, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, STORM SEWERS AND STREETS TO SERVE PARK PLACE (IMPROVEMENT NO. 86, PROJECT NO. 12)," awarding the contract to Orfei Contracting, Inc. for their low bid of $433,859.21. Councilmember Biesener seconded the motion. Councilmember Witt arrived at 7:50 P.M. Mayor Mertensotto opened the meeting for the purpose of a public hearing on installation of street lights in commercial and industrial districts and establishment of a special commercial service district for operation and maintenance of the street lights. Public Works Director Danielson gave a brief presentation, describing the areas in which the lights are proposed to be installed and informing the audience that the proposed improvement was initiated as the result of petitions submitted by United Properties and Yorkton, Ltd. He estimated the total project cost to be $459,000, explained the proposed assessment formula, and showed pictures of the suggested lights to the Council. Mr. Danielson informed the audience that Mn/DOT has promised to contribute MSA funds to assist in financing the project and that the City proposes to use Tax Increment District revenues for a portion of the financing. He explained that through the special taxing district (the industrial area in the southwest area of the City and the Yorkton, Ltd. commercial area) proposed to be created, the City could levy an annual tax to support operation and maintenance of the lights. Mr. Danielson stated that it is proposed to install lights on all constructed streets in the district and that the lights would be energized on the vacant parcels as they develop. Page_No,_ 2441 .May 19, 1987 Mayor Mertensotto asked for questions and comments from the audience. Mr. Harold Kuller, representing Minnesota Knitting Mills, asked what the assessment would be for the firm's property and whether a needs study had been done. He stated that the majority of the buildings in the-industrial park have external lights which are on all night, and suggested that this is a more cost effective way of lighting. He also suggested that since the petitions came from United Properties and Yorkton, the lights should be confined to their properties. Mr. Dale Glowa, from United Properties, stated that his firms petition was made to two purposes, ambience - to create an environment in the business park and positive impact on land values - and for security. He pointed out that many of United Properties tenants have requested lights, including Cray Research, because of their concern over the • safety of employees who often work late into the night. Mr. Jeff Bartlett, representing R.L. Johnson, stated that he has driven around the district at night and feels it is well lighted now. Mr. Kull-er stated that the project would benefit United Properties and those who build in the future but would do little for those who have already spent money on lighting. Councilmember Blesener asked why the district wasn't extended to include Pilot Knob Road. She also asked what kind of impact the project would have on the Tax Increment Fund. Public Works Director Danielson responded that Mn/DOT reconstruction of T.H. 13 at Pilot Knob next year will change the area extensively and it seems appropriate to do nothing about lighting the area at this time. Treasurer Shaughnessy stated that there is ample money in the TIF to support a contribution to match the MSA participation. Mayor Mertensotto pointed out to the audience that the proposed assessments could possibly be reduced by as much as 50% because of the participation by Mn/DOT and the City's tax increment financing. Mr. Kuller stated that he would have no objection. . Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 87 -09, G & L PROPERTIES Page No. 2442 May 19, 1987 to the project if the assessment proposed were reduced by 50 %. There being no further questions or comments, Councilmember Cummins moved that the hearing be, closed at 8:25 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87 -44, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR INSTALLATION OF STREET LIGHTS." Councilmember Witt seconded the motion. Councilmember Biesener moved adoption of Resolution No. 87 -45, "RESOLUTION ORDERING PREPARATION OF ORDINANCE TO FORM SPECIAL TAX DISTRICT AND DEFINING THE LAND AREA TO BE INCLUDED IN THE DISTRICT." Councilmember Witt seconded the motion. Council directed that staff provide them with the information on the amount of MSA participation prior to the date when the bid award is considered. Mayor Mertensotto opened the meeting for purpose of a public hearing on an app G & L Properties for the subdivision and rezoning of property located at Mendota Heights Road and Highway 55. Mr. Bill Pearson, representing G & L, stated that the applicant proposes the rezoning from B -3, I, and B -la to I north of Northland Drive and B -3 south of Northland Drive. He stated that the developer proposes to plat the property into 7 parcels to provide for the future construction of a restaurant and gas station super store service area on the proposed B -3 property and a motel and possibly offices on the industrial portion. Mr. Lou Langer, owner of the property, explained a property exchange which occurred with Mn /DOT which provides right -of -way for the south portion of Northland Drive. He stated that there is a triangle of city right -of -way between Northland and his property and suggested that it should be vacated by the City. Mayor Mertensotto responded that the Council is not in a position to respond on the requested vacation- at this time. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2443 May 19, 1987 Public Works Director Danielson stated that a hearing must be conducted on a Comprehensive Plan amendment which would be necessary if the rezoning is approved. He recommended tabling any action on the application until after the Comprehensive Plan amendment hearing has been conducted. There being no further questions or comments, Councilmember Witt moved that the hearing be closed at 8:40 P.M. Councilmember Cummins seconded the motion. Councilmember Blesener moved that action on the applications for rezoning and subdivision be tabled to June 16th. Councilmember Witt seconded the motion. Mr. Langer asked that the property be included in the lighting district if the plat and rezoning are approved. FEASIBILITY Mayor Mertensotto opened the meeting for the HEARING - STRATFORD purpose of a continued public hearing on proposed WOODS improvements to serve the Stratford Woods addition and adjacent areas. Public Works Director Danielson informed Council and the audience that the developer had not yet completed revisions to the final plat. He recommended that the hearing be closed and that action be tabled until after final plat approval. Councilmember Blesener felt that the hearing should be left open for those people who opposed the project at the May 5th meeting. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:45 P.M. Councilmember Witt seconded the motion. Ayes: 4 Nays: 1 Blesener (, „FIRE DEPARTMENT ANNUAL REPORT Fire Chief Maczko reviewed the 1986 Fire Department annual report and responded to Council questions and comments. FIRE DEPARTMENT Fire Chief introduced Mike Marsculio and Ken PERSONNEL Wisenburger to the Council and recommended Ayes: 5 Nays: 0 ENGINEERING PERSONNEL Ayes: 5 Nays: 0 POLICE DEPARTMENT REORGANIZATION Ayes: 5 Nays: 0 METRO EAST COALITION PARK STUDY Page No._ 2444 . May 19, 1987 appointment to the Volunteer Fire Department. Councilmember Hartmann moved to appoint Mike Marsculio and Ken Wisenburger to a one year probationary period on the Fire Department, effective June 1, 1987. Councilmember Witt seconded the motion. Council discussed a memo from the Public Works Director notifying the Council that the part-time engineering technician, Charles Whelan, has resigned to accept an overseas job with the Army Reserves. He recommended that Clayton Engel be hired as part-time engineering technician. Councilmember Witt moved that Clayton Engel be hired as a part-time engineering technician through October 1, 1987 at the rate of $7.50 per hour, conditioned upon submission of a signed memorandum of agreement relative to unemployment compensation. Councilmember Biesener seconded the motion. The Council acknowledged and discussed a memo from the City Administrator recommending reorganization in the Police Department to fulfill job duties currently being performed by Captain Lange. Councilmember Hartmann moved to abolish the position of Police Captain effective July 1, 1987 and to create the position of a third sergeant. Councilmember Cummins seconded the motion. The Council acknowledged a memo from the City Administrator regarding participation in the Metro East Coalition, a non-profit group being formed to promote economic development in the eastern half of the metropolitan area. The Council directed the Administrator to invite a representative of the group to attend a future Council meeting. Mr. Barry Warner, of Barton Aschman Associates, was present to review his letter dated May 6th outlining cost overruns on developing the Henry Sibley agreement and on the promotional program and to request Council consideration of additional compensation for the extra costs. Page No. 2445 May 19, 1987 He explained that meeting attendance, draft agreement revisions and engineering tasks all exceeded what was envisioned in the agreement and costs associated with the Sibley athletic complex agreement exceeded the budget by $848. He also stated that services provided on behalf of the referendum exceeded the $5,760 contract amount by $4,518. He asked that the City consider paying Barton-Aschmann $2,259 above the total contract amount, supporting half of the total overage. Mayor Mertensotto stated that the City has had a good working relationship with Barton Aschmann and would like to have that relationship continue but that he would not be in favor of granting any concessions over the costs. Councilmember Cummins asked Mr. Warner whether he had informed the Administrator about the over-runs while they were occurting. Mr. Warner stated that he had not, since he had been out of work due to illness and the work was continued during his absence. Administrator Frazell stated that no-one at Barton- Aschmann informed him that they were running over. He stated that the preparation of shrink-wraP graphics was not a part of the contract and that if they were requested by the Park Commission, the Commission did not know they were not included in the agreement. Councilmember Blesener felt that the some additional compensation is reasonable, particularly since the graphics were an extra item that was requested of the firm. After discussion, Councilmember Cummins moved to authorize $2,000 additional compensation to Barton- Aschmann for work which exceeded the contract. Councilmember Blesener seconded the motion. Ayes: 3 Nays: 2 Mertenso-Eto Hartmann AIRPORT STUDY Ayes: 4 Councilmember Cummins volunteered for appointment as the City's representative on the Metropolitan Council Airport Adequacy Study Task Force. Councilmember Hartmann moved that Councilmember Cummins be appointed to serve on the Airport Adequacy Study Task Force. Councilmember Witt seconded the motion. - - • • Nays: 0 Abstain: 1 Cummins COPPERFIELD III Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 WAGON WHEEL TRAIL Page No. 2446 May 19, 1987 Mr. Dick Putnam was present to request approval of his applications for approval of rezoning, conditional use permit for planned unit development and preliminary plat for Copperfield III and Hampshire Estates. Mr. Putnam addressed concerns expressed by the Council at the May 5th meeting and reviewed a copy of the preliminary plats which delineated the lots which have a potential for future encroachment on the wetlands areas. He also described the possible location of the scenic easement areas but indicated that the easement have not yet been staked. Mr. Putnam responded to questions and concerns from Councilmembers Biesener and Cummins about the proposed lots which are not 15,000 square feet. Administrator Frazell informed Council that the legislature has passed enabling legislation which allows adoption of the proposed aircraft noise attenuation ordinance. Council acknowledged a letter from the Metropolitan Council approving the City's Comprehensive Plan Amendment. After discussion, Councilmember Witt moved adoption of Ordinance No. 232, "ORDINANCE FOR AIRCRAFT NOISE ATTENUATION." Councilmember Hartmann seconded the motion. Councilmember Biesener moved adoption of Ordinance No. 234, "AN ORDINANCE AMENDING ORDINANCE NO. 401," rezoning Outlots A, B and C of the Copperfield Second Addition and the King property (Hampshire Estates preliminary plat) from R-1A to R-1. Councilmember Witt seconded the motion. Councilmember Biesener moved adoption of Resolution No. 87-46, "RESOLUTION APPROVING PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLATS FOR THE COPPERFIELD III ADDITION AND HAMPSHIRE ESTATES." Councilmember Hartmann seconded the motion. The Council discussed a'memo from the Public-WOrks Director relative to the county turnback of,Magon Ayes: 5 Nays: 0 RESPONSES TO COUNCIL COMMENTS PART 150 STUDY Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2447 May 19, 1987 Wheel Trail to the City. Council discussed the need for trails and expressed concern over the narrow shoulders, particularly at the curves. Councilmember Hartmann moved to authorize the Mayor to execute the County's agreement for revocation of Wagon Wheel Trail. Councilmember Witt seconded the motion. Council acknowledged responses from staff regarding 1987 MSA improvements, the condition of the yard at 662 Fourth Avenue, and projections on the profitability of City operation of the Par 3 golf course. Councilmember Blesener moved that Resolution No. 87-39, "RESOLUTION GIVING QUALIFIED SUPPORT TO METROPOLITAN AIRPORTS COMMISSION PART 150 LAND USE MANAGEMENT PLAN," be submitted to the Metropolitan Airport Commission Part 150 Public Hearing Examiner as the City's comments for the public hearing. Councilmember Witt seconded the motion. There being no further business to come before the Council, Councilmember Witt moved that the meeting be adjourned to the Board of Review meeting to be held at 7:30 P.M. on May 20th. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 9:58 P.M. Charles E. Mertensotto Mayor K thleen M. Swanson City Clerk