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2010-03-16 City Council minutesPursuant to due call and Heights, Minnesota was Heights, Minnesota. CALL TO ORDER March 16, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 16, 2010 notice thereof, the regular meeting of the City Council, City of Mendota held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Krebsbach, and Vitelli. Councilmember Scluzeeman had notified Council that she would be absent. Council, the audience and staff recited the Pledge of Allegiance. City Administrator David McKnight requested the agenda be revised by exchanging the resolutions on pages 48 and 74 of the agenda packet. Councilmember Duggan moved adoption of the agenda as revised. Councilmember Vitelli seconded the motion. Councilmember Duggan moved approval of the minutes of the regular meeting held on March 2, 2010 as corrected. Councilmember Vitelli seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. b. c. d. e. f. Acknowledgement of the NDC4 March 3, 2010 Meeting Agenda. Acknowledgement of the February 2010 Fire Department Report. Acknowledgement of the February 24, 2010 Safety Committee Minutes. Approval of City Election Policy. Approval of Job Description and Posting of Temporary Engineering Intern Position. Approval of Purchase of Two Laptops for Squad Cars. Ayes: 4 Nays: 0 INJURY EXPERIENCE RATING APPRECIATION TO TERRY FENLON PUBLIC COMMENTS March 16, 2010 Page 2 g. Approval for Squad Car Set Up with EAT. h. Approval of Purchase of Par 3 Tee Signs. i. Approval of City Administrator Signature on Quotation for Services with GovOffice for Website Development and Payment of Proposed Cost. Approval of Street Sweeping Service for 2010. k. Adoption of Resolution No. 10 -17: "A RESOLUTION SETTING A PUBLIC HEARING FOR RIGHT -OF- WAY VACATION ON WALSH LANE, WAGENKNECKTS ADDITION." 1 Adoption of Resolution No. 10 -18: "A RESOLUTION FORMALLY ACKNOWLEDGING THE GIFT OF CONCRETE PIGMENT FOR THE MENDOTA HEIGHTS ROAD ROUNDABOUT PROJECT." m. Adoption of Resolution No. 10 -19: "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2010 STREET RECONSTRUCTION AND REHABILITATION PROJECT." n. Adoption of Ordinance No. 428, "AN ORDINANCE AMENDING TITLE 2, CHAPTERS 1, 2, AND 4 OF THE CITY CODE" (City Boards and Commissions). o. Approval of Contractors List, dated March 11, 2010. p. Approval of the List of Claims, dated March 16, 2010, totaling $135,868.69. q. Approval of Treasurers Report dated February 2010. Councilmember Vitelli seconded the motion. With regard to Item 6c, Councilmember Duggan referenced the experience modification by year graph (page 5) indicating a rating of 1.1 and that a rating of 1.0 is considered okay. He said that Mr. McKnight will provide the Council with additional details on the rating. With regard to Item 61, Mayor Huber extended the city's appreciation to Terry Fenlon of Prism Pigments for the donation of concrete color pigment which will better delineate the roundabout curbing. Mayor Huber congratulated Kristen Kowalski of the Wine Market, who was recently recognized by the Guild of Sommeliers and awarded with a wine enrichment trip to Greece. March 16, 2010 Page 3 Mayor Huber announced and encouraged participation in the 5K Walk/Run sponsored by Gateway Bank on Saturday, June 5, 2010. Mayor Huber asked all residents to complete and return their 2010 Census forms. Councilmember Vitelli noted that a Boy Scout is in attendance. Anthony Dupont, Troop 248, stated he is working on his citizen and nation merit badges to be a Star Scout, which is also part of the requirement to be an Eagle Scout. Mayor Huber welcomed Anthony Dupont to the meeting and encouraged him in his efforts to become an Eagle Scout. Acting Public Works Director /City Engineer Ryan Ruzek stated that when the city reconstructed Walsh Lane in 2008/2009, properties along the roadway corridor were reviewed for accuracy against the county property records. Kay Avenue, originally platted as Lakeview Drive, was intended to continue farther east and connect with Summit Lane. Once development progressed, the additional right - of -way was not required and a home was built (1957 Walsh Lane) where the extension of Kay Avenue was to connect to Sun-unit Lane. Mr. Ruzek explained that homeowners met with staff and agreed to proceed with the vacation request since it is no longer needed for a public purpose. Mr. Ruzek displayed a diagram and advised he is also recommending a future public hearing for vacation of Tract B, a portion of land at the corner that had been dedicated to the city but not updated with the county's digital GIS system. This portion of land is also not needed by the city. Staff recommends the Council conduct a public hearing on the proposed vacation and schedule the public hearing for the vacation of the remaining portion of right -of -way. It was noted the action to set the public hearing for vacation on Walsh Lane, Wagenkneckts Addition, was acted on as Consent Agenda Item 6k. Mayor Huber opened the public hearing at 7:11 p.m. There were no public comments. Ayes: 4 Nays: 0 WATER TOWER PROJECT BIDS March 16, 2010 Page 4 Councilmember Duggan recalled when Ms. Gagnier carne before the Council and indicated Dakota County was not able to find this property as being City of Mendota Heights property, but she found it in the County's vault. Ms. Gagnier stated that property was quit claim deeded to the City in 1974. Dakota County did not have it on their map but she found the microfilm record and provided it to City staff. Councilmember Krebsbach moved to close the public hearing and adopt Resolution No. 10 -20, "A RESOLUTION APPROVING A STREET RIGHT -OF- WAY VACATION." Councilmember Duggan seconded the motion. Mr. Ruzek stated that the Council ordered the water tower rehabilitation project at its October 6, 2009 meeting and directed staff and the consultant, MSA /KLM, to proceed with plans and specifications for the project. In 2008, Short Elliott Hendrickson, Inc. (SEH) performed an evaluation of the tower and recommended reconditioning the interior and exterior of the water tower. SEH estimated the cost for the reconditioning project to be approximately $1,420,000. In 2009, MSA/KLM performed additional evaluations of the water tower with a similar recommendation. Mr. Ruzek presented the four bids received for the project, noting the low bid was submitted by Odland Protective Coatings, Inc. He reviewed the work that will occur with this project and stated that an alternate bid was also requested for the full reconditioning of the interior dry area of the tower. Staff is not reconunending the city move forward with that interior work. Staff recommends that Council award the project to Odland Protective Coatings, Inc. in the amount of $1,118,000. Councilmember Vitelli moved adoption of Resolution No. 10 -21, "A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE WATER TOWER REHABILITATION PROJECT." Councilmember Krebsbach seconded the motion. Councilmember Duggan requested a revision to the wording of number 3 in the resolution to indicate: Ayes: 4 Nays: 0 GREAT RIVER GREENING CONTRACT — PILOT KNOB March 16, 2010 Page 5 "...deliver any and all contracts and documents..." Mr. McKnight stated this consideration is the draft contract with Great River Greening. He noted that with this contract, the city commits to $50,000 in finding, which is budgeted in the 2010 Parks and Recreation budget. Wiley Buck, Great River Greening, thanked the Council for its time and congratulated Mendota Heights for receiving the Environmental Community Partner of the Year Award, which was well deserved. Mr. Buck described what was accomplished in 2009, is proposed for 2010, and the six categories included in the contract. Councilmember Duggan asked whether the fire department will be notified of the burn this spring. Mr. Buck answered in the affirmative. Mr. Buck advised of the wildlife seen on the property and volunteer events both last year and planned for 2010. He stated a record attendance was set last year and they are already receiving calls from volunteers. In addition, Toro Corporation has volunteered the help of an employee. Mr. Buck stated there is great momentum with volunteers and community interest. An audience member asked about the size of the area and burn. Mr. Buck described the eight acres that will be burned and the sixteen acres being reconstructed as prairie and savannah. Councilmember Duggan referenced page six that speaks to maintaining existing signage. Mr. Buck explained the intent is to ensure the sign is not taken down. Councilmember Duggan stated his appreciation for the work of Mr. Buck, this organization, and the volunteers. Councilmember Duggan referenced section 2.1 of the contract regarding habitat restoration for ten years. He noted this Council cannot tie the hands of future councils but believed that was not a worry with this project since it is a "boon and a blessing" to everyone. March 16, 2010 Page 6 Councilmember Krebsbach asked about their fundraising. Mr. Buck stated they were successful with Toro and will continue to secure funds through LCC's Conservation Corridors, Dakota County, and the Soil and Water Conservation District. He advised the criteria for the Legacy Amendment Funds do not match with Pilot Knob. Councilmember Duggan suggested they contact Ecolab, Inc. and Cray Research since both had plants in Mendota Heights for many years and have strong connections to Mendota Heights. Landscape Designer Todd Resine presented pictures depicting the new signage installed as part of Phase I and facilities that were completed. In 2010, they will complete the overlook at the end of the cul -de -sac and connect a ten - foot gravel trail to the future parking lot area. Councilmember Duggan moved to authorize the city administrator to execute the contract between Great River Greening and the City of Mendota Heights for Pilot Knob Restoration work in 2010. Councilmember Vitelli seconded the motion. Mr. Ruzek reviewed that the bids for the Visitation Drive and Mendota Heights Road roundabout project came in $40,000 over budget, so staff was asked to look at options to reduce the project cost and pursue additional funding sources. Staff has determined that the largest savings would result from allowing the road to be closed during construction and eliminating the required phasing necessary to maintain traffic. This would reduce the length of construction from eight to ten weeks to three to four weeks and result in a savings of $38,224. Traffic control costs would be increased by $9,000 so the net savings would be $29,224. Mr. Ruzek displayed a map and described the recorrunended detour route of Lexington Avenue, Highway 110, and Dodd Road. Councilmember Krebsbach noted the detour route is not using Wagon Wheel Trail. Mr. Ruzek stated that is correct Ayes: 4 Nays: 0 March 16, 2010 Page 7 and additional signage, such as "Local Traffic Only," can be installed on Wagon Wheel Trail if found to be necessary. Councilmember Vitelli moved approval of the road closure and detour route as specified in staffs memorandum. Councilmember Krebsbach seconded the motion. Councilmember Duggan noted that staff had approached St. Thomas Academy and Visitation Academy about additional funding since the bids carne in $40,000 over the estimate. However, now there will be a cost savings. Mr. McKnight explained the schools' contribution would be used first and the city's contribution would be second to cover the overage. In this case, the $29,224 in savings would cover the city's portion of the overage and the remaining overage would be split evenly. between the schools. MENDOTA PLAZA SEWER PROJECT Mr. Ruzek explained that as part of the developer's agreement signed with Paster Enterprises for the redevelopment of the Mendota Plaza, the city agreed to realign the sanitary sewer trunk line located on the CDA property immediately to the east of the Plaza property by July of 2010. The Council rejected all bids solicited in September of 2009 because they came in much higher than originally estimated due to the depth of the sewer and high water table in that area. Staff looked at other funding options and can achieve $25,000 in Community Development Block Grant Funds. He stated there has been discussion on who initially agreed to reinstall this sewer line, which may go back to 2008. It is estimated the cost may be $275,000 and should be funded from the Sewer Utility Fund but that fund does not have a sufficient balance, so the funds would have to be borrowed from a pre -1998 tax increment fund and then repaid once a balance is available in the utility fund. Mr. Ruzek displayed a map of the subject area and described the location of buildings, the current trunk sewer aligmnent and proposed realignment route. Councilmember Vitelli stated Paster Enterprises has requested a delay relative to the total project, so he does not March 16, 2010 Page 8 understand why the city does not also delay this project since it does not impact the Walgreens construction. Councilmember Duggan stated he read the original developers agreement, and while the original PUD indicates this project will be done, it does not say the city will pay for any of the costs. He said it had been presented as a minor adjustment, and if the Council had been aware it would be asked to pay for the cost, Council would have asked many more questions. Councilmember Duggan said if the housing building encroaches on the existing sewer line, the building should be relocated to the south or made smaller so it does not encroach. He restated that the way he reads the original PUD Agreement, he does not believe the city is required to pay one dollar to this project. Mr. Ruzek responded to Councilmember Krebsbach's questions by explaining the sewer line is 40 feet deep, approximately 18 feet under the groundwater, meaning saturated soil. Councilmember Krebsbach stated this is an unanticipated pre- condition that the City did not know about when it entered the agreement. Mr. Ruzek noted that dewatering was done as part of the original sewer installation in the 1960's so the condition of saturated soil did exist at that tune. Councilmember Krebsbach asked the city attorney if this can be a discovery. City Attorney Taini Diehm stated she is unprepared to answer that question tonight but understands the agreement does contain clauses for unexpected or unavoidable issues, which she will research. Councilmember Krebsbach stated it appears this consideration is premature and there may be other options to explore as raised by Councilmember Duggan. She stated she is not prepared to act on this matter tonight and asked if anything is in jeopardy if the sewer line is Left as it exists. Councilmember Duggan noted the location of the wetland and potential impact if the contract is not written to address those concerns. He felt the key point is the $280,000 cost. Mayor Huber stated the request tonight is to obtain bids, not to order the project. He stated he is not interested in obtaining bids if they are not needed, but also not interested in putting the city in a position that it would run out of March 16, 2010 Page 9 negotiating time with Paster Enterprises. He stated that in his opinion, authorizing staff to go out for bids does not obligate the city but keeps the process moving forward in case the city has no options and the project has to be completed by a certain date. Councilmember Duggan referenced Exhibit C of the original contract, existing building dates, and site dates and times, noting that technically the city is probably in violation of the dating since things were to be completed by November of last year. He stated he does not disagree with obtaining bids but thinks additional tracks need to be followed to determine the needed alignment, if the building can be reconfigured, and who is paying for it. He stated he cannot support taking action for the city to cover that cost. Councilrnernber Krebsbach suggested the city talk with Paster Enterprises about this, noting it was the city who pushed for the housing component. Mr. McKnight stated Paster Enterprises was invited, on short notice, but unable to attend the meeting tonight. He read their note indicating their utility work and sanitary sewer lines are scheduled in May 2010 and requesting the city's work be installed at the same time. He stated his agreement with the Mayor's perspective to approve going out for bids and then meet with Paster Enterprises and the city attorney to negotiate terms. Councilmember Vitelli asked why Paster Enterprises is installing underground sewer utilities in April and May when they are working on the west end of the project. Mr. Ruzek used a map to point out the location of additional sewer work the property owners will undertake. He explained the sewer line is shallower until it reaches the manhole and at that point there will be a vertical drop outside of the manhole. Councilmember Krebsbach asked about the path of sewage from the new development in the north to this line. Mr. Ruzek used a map to point out the alignment until the sewer reaches the city's trunk main. Councilrnernber Krebsbach asked if there could be another plan for that alignment. Mr. Ruzek stated there could be another alignment but Paster Enterprises would have to revise its plans. March 16, 2010 Page 10 Councilmember Krebsbach asked if staff anticipates a different bid amount to be received this time. Mr. Ruzek stated he expects the bids will be similar. Councilmember Krebsbach stated her preference for staff to talk with Paster Enterprises prior to seeking bids. Mr. Ruzek stated his recommendation is to receive bids on April 27, 2010, which allows time for additional discussions. Councilmember Vitelli stated before he supports any activity he wants to understand why it has to be done. He asked if Paster Enterprises can build the housing without moving the sewer line. Mr. Ruzek stated it may be feasible and advised that during his brief conversation with Paster Enterprises, they indicated a housing developer may have a difficult time getting financing with the sewer line in place. Councilmember Vitelli noted that moving the sewer line may increase the value of their land. He asked staff to establish tuning of the project and determine how to satisfy their current needs without spending almost $300,000 to relocate the sewer line. He also asked staff to tie any expenditure to the construction of the building since it would increase the value of the land. Councilmember Vitelli stated he prefers to wait to take action until Paster Enterprises submits a building plan for the housing site. Councilmember Krebsbach stated the challenge with this development is that the housing carne in last and when discussing infrastructure, the Council was not aware of this issue. She agreed with Councilmember Vitelli to not vote tonight to obtain bids. Mr. Ruzek advised there would be added costs to realign the sewer if Paster Enterprises has already installed the curbs and other amenities. Councilmember Duggan stated when the city worked with Paster Enterprises, the discussion was to do all utilities at the same time even though the buildings were not constructed all at the same time. He noted the housing component came in last because the city pushed them to include it since the more people in the area the better chance the retail component would be successful. March 16, 2010 Page 11 Councilmember Duggan asked what will be done to protect the building foundation during excavation. Mr. Ruzek stated Paster Enterprises would also excavate that deep so it would be ideal to have their utility contractor do the work. Councilmember Duggan asked what direction was given to bidders to preserve the creek. Mr. Ruzek stated the creek lines are not surveyed and he would have to check the specifications. Councilmember Duggan commented on the importance of protecting the creek and his concern this project may weaken the sidewalls. Mr. Ruzek stated the depth of the excavation would be 24 feet deep at the area of the creek, which would require a wetlands permit. Councilmember Duggan asked staff and the city attorney to determine who should pay for this project. He noted the site is currently worth about $4.5 million and will increase to $40 million when completed, and he would be shocked if Paster Enterprises could not absorb the $280,000 cost. Following discussion, consensus was reached on the following: 1 Direct staff to research and determine if the development agreement or public hearings obligate the city to this expenditure of funds which primarily benefits the developer; 2. Determine the city's legal position; 3. The city engineer establish a plan that allows Paster Enterprises to proceed with development they asked to be delayed and accommodate their proposed actions for Walgreens and resurfacing of building without this sewer line being relocated; 4. The city attorney determine how to tie the cost for relocation of the sewer line to the construction of the housing project based on the rationale it will increase the value of the developer's land; and, 5. Staff to determine the timetable that Council actually agree to, where we are in relation to that timetable including this proposal, and ensure the city is not violating the contract. Mayor Huber noted Mr. Ruzek has indicated the city can go out for bids at the first meeting in April and still meet the bid opening date. Since a delay of one week will not delay March 16, 2010 Page 11 Councilmember Duggan asked what will be done to protect the building foundation during excavation. Mr. Ruzek stated Paster Enterprises would also excavate that deep so it would be ideal to have their utility contractor do the work. Councilmember Duggan asked what direction was given to bidders to preserve the creek. Mr. Ruzek stated the creels lines are not surveyed and he would have to check the specifications. Councilmember Duggan commented on the importance of protecting the creek and his concern this project may weaken the sidewalls. Mr. Ruzek stated the depth of the excavation would be 24 feet deep at the area of the creek, which would require a wetlands permit. Councilmember Duggan asked staff and the city attorney to determine who should pay for this project. He noted the site is currently worth about $4.5 million and will increase to $40 million when completed, and he would be shocked if Paster Enterprises could not absorb the $280,000 cost. Following discussion, consensus was reached on the following: 1 Direct staff to research and determine if the development agreement or public hearings obligate the city to this expenditure of funds which primarily benefits the developer; 2. Determine the city's legal position; 3. The city engineer establish a plan that allows Paster Enterprises to proceed with development they asked to be delayed and accommodate their proposed actions for Walgreens and resurfacing of building without this sewer line being relocated; 4. The city attorney determine how to tie the cost for relocation of the sewer line to the construction of the housing project based on the rationale it will increase the value of the developer's land; and, 5. Staff to determine the timetable that Council actually agree to, where we are in relation to that timetable including this proposal, and ensure the city is not violating the contract. Mayor Huber noted Mr. Ruzek has indicated the city can go out for bids at the first meeting in April and still meet the bid opening date. Since a delay of one week will not delay COUNCIL COMMENTS ADJOURN Ayes: 4 Nays: 0 ATTEST: March 16, 2010 Page 12 the bid opening date, he does not object to tabling action tonight. Council consensus was reached to table consideration of approving final plans and specifications and advertising for bids for Project #200910 to the April 6, 2010 meeting or when staff feels it is appropriate to bring back to allow time for additional staff research. Councilmember Vitelli stated he thinks often of Public Works Director John Mazzitello, who is about half -way through his deployment, and looks forward to his return. Councilmember Krebsbach reported on Darcy Pohland's memorial service, a wonderful tribute to the WCCO reporter who grew up in Mendota Heights, was a graduate of Henry Sibley High School and became a paraplegic in a diving accident. Councilmember Krebsbach wished Councilmember Duggan a Happy St. Patrick's Day and presented him with a copy of a book entitled, "How the Irish Saved Civilization." Councilmember Duggan thanked Councilmember Krebsbach for this gift and wished the blessings of St. Patrick and every other saint to everyone. There being no further business to come before the Council, Councilmember Duggan moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 8:07 p.m. Kath een M. Swanson City Clerk March 16, 2010 Page 13 Prepared by Carla Wirth, Recording Secretary