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1986-02-04 Council minutesPage No. 2450 February 4, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 4, 1986 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 Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Elesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: Hartmann CONSENT CALENDAR Councilmember Witt moved adoption of the agenda for the meeting including additional items contained in the add -on agenda. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the minutes of the January 21st meeting with corrections. Councilmember Cummins seconded the motion. Mayor Lockwood moved approval of the minutes of the January 22nd special meeting as corrected. Councilmember Cummins seconded the motion. Councilmember Cummins 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. Acknowledgement of the Code Enforcement monthly report for January. b. Acknowledgement of the minutes of the January 28th Planning Commission meeting. c. Approval of establishing a charge for document copying of 4 cents per page plus $12.50 per hour for clerical time. d. Authorization for a 1986 salary of $34,134 for Sergeant Donn Anderson, effective February 1st. n Ayes: 5 Nays: 0 PRESENTATIONS CITY HALL COMMITTEE Page No. 2451 February 4, 1986 e. Approval of the List of Claims dated February 4th and totalling $123,716.38. f. Approval of the list of contractor licenses dated February 4, 1986 and attached hereto. Councilmember Witt seconded the motion. Mayor Lockwood informed the audience that at the end of January two of the longest standing members of the Planning Commission retired: Planning Commission Chairperson Cameron Kruse and Commissioner Joe Stefani. Mayor Lockwood expressed appreciation to both of the Commissioners for the service that they rendered to the City. He presented plaques of appreciation to Mr. Kruse for his nine years of service on the Planning Commission and to Mr. Stefani for his nine years of service on the Planning Commission and five years of service on the Park Commission. City Hall Committee Chairperson Stan Gustafson was present to inform the Council on the proceedings of the committee. He stated that the Committee has recommended that a City Hall be built and that it be constructed on the Civic Center site at the northwest corner of Lexington and T.H. 110. He informed Council on the result of site borings and stated that even though uncontrolled fill has been placed on the site over the years, the committee continues to recommend the site. Mr. Gustafson pointed out that the committee's originally prefered location for the facility on the site contains about 17 feet of uncontrolled fill but that the architects felt that the proposed facility could be moved slightly south on the site where 7 feet of fill exists. He stated that it would cost approximately $40,000 to $50,000 to excavate and fill the desired location and that if further soil borings indicate that this would be the best location, the committee would recommend that excavation be done rather than acquiring a different site. Mr. Gustafson stated that the committee would like to proceed with schematics preparation and a cost analysis so that they can consider financing alternatives. He indicated that the committee hopes to submit a final written report and recommendation to the Council in April and asked for concurrence to proceed. Mr. Gustafson responded to Council concerns over the fill issue and questions regarding the need PABST MEAT SUPPLY Page No. 2452 February 4, 1986 for additional soil borings, and capability for facility expansion if it is placed on the southerly portion of the site. Councilmember Blesener asked what kind of public information there has been on the issue and felt that Council should be sure that the community be informed that the committee has recommended that a facility be built and that it be located on the Civic Center Site. Administrator Frazell responded that the committee discussed the public information process and felt that an insert should be included in the "Heights Highlites" after the schematics are done. He stated that the City is still in the initial stage of the architect's contract and the project, and that there is not enough information on costs and other details to distribute as formal information at this time. It was the consensus of the Council to authorize the committee to proceed with the schematics and cost estimate portion of the project. The Council acknowledged a letter from Mr. Tim Pabst requesting a variance from the provisions of the fire code which require that the building basement either be furnished with a sprinkler system or that a 20 square foot opening on one exterior basement wall be provided. The Council also acknowledged a report from the Fire Marshal in response to Mr. Pabst's request. Mr. Pabst, present for the discussion, objected to the requirements and stated that he believes the building complies with the code. He also informed the Council that the structure was constructed in 1971 and that the building plans were approved and building and occupancy permits were issued by the City at that time. He described the basement, its uses, and the existing openings and stated that his company would incur substantial costs if it had to provide an additional exterior opening. Mr. Pabst stated that he assumes the building met code when it was built and thus meets code today. He asked Council to authorize the requested variance if they do not concur in his assumption. Fire Marshal Paul Kaiser stated that the structure does not meet fire code requirements and pointed out that the exit shaft on the west wall, described by Mr. Pabst in his letter and comments to Council, does not constitute an opening as required by code because it is not at ground level. He stated that his primary concern is that of firefighter safety. Fire Marshal Kaiser pointed out that the Fire Code requires 20 LEMAY LAKE Ayes: 5 Nays: 0 Page No. 2453 February 4, 1986 square foot above grade wall openings every fifty feet or automatic sprinkler systems for existing basements exceeding 1500 square feet: the Pabst facility basement, as calculated by the engineering staff, contains 1,800 square feet. The code requirement is intended to provide firefighter access at ground level and to allow a firefighter to open a window to allow ventilation at ground level. He felt that a window could be installed for under 01,000, and pointed out that under the code he has only two options - to require the basement window opening or an automatic sprinkler system - and that all he is asking is that a 20 square foot window be installed in the four feet of the basement wall above grade. Mayor Lockwood stated that it appears that the facility is in violation of the code. He felt that, given the Fire Marshal's cost estimate, Mr. Pabst should find some means of bringing the structure into compliance and that the Council would be ill - advised to allow a code violation to continue once it is brought to their attention. He felt that it is unfortunate that the building plan was approved as submitted and that Council might be willing to agree to a part -way measure (less than a 20 square foot opening) which would allow for firefighter safety. Councilmember Cummins stated that it seems the City had a part in the creation of the error and felt the owner should not be required to bear an unreasonable cost to resolve the matter; however, if the 01,000 estimate by the Fire Marshal is accurate, the owner should accomplish the correction. Mr. Pabst was directed to work with City engineering staff and come back to the Council with a proposed solution. Public Works Director Danielson reviewed and answered Council questions regarding the Lemay Lake feasibility report. Councilmember Witt moved adoption of Resolution No. 86 -07, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENTS TO SERVE LAKE LEMAY AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4)," the hearing to be held on March 4th. Councilmember Hartmann seconded the motion. MAC AREA DEVELOPMENT Page No. 2454 February 4, 1986 Mr. Dale Glowa, of United Properties, was present to describe his firm's proposal for the acquisition and development of the Metropolitan Airports Commission property. Mr. Glowa gave a slide presentation showing various developments completed by his firm, and reviewed the potential development plan and development timetable for the property. Mr. Chuck Mertensotto, Chairperson of the Joint Committee on Disposition of Acacia Park Property, which worked with the MAC to return the property to the tax rolls and generate development interest, was present for the discussion. He stated that the staffs of the MAC and the City are currently reviewing the development proposal to determine if the firm is financially strong enough to acquire and develop the land and to determine if the proposed land use and development plan are consistent with Metropolitan Council guidelines. He expressed concern that the developer understands that final density must comply with airport safety requirements and has a full understanding as to the land use regulations. He informed the Council that four developers made proposals for acquisition and development of the land and all but United Properties have withdrawn. Mr. Mertensotto stated that if the staffs make a positive recommendation to the committee, the committee will recommend to the MAC that United Properties be selected as the purchaser and developer of the land. DISASTER PLAN Police Chief Delmont reviewed and answered Council questions regarding the city's disaster plan. After discussion, Councilmember Cummins moved approval of the City of Mendota Heights Emergency Operations Plan as submitted. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council discussed Police Chief Delmont's report on the issuance of parking tickets at St. Peter's Church. COMPREHENSIVE PLAN The Council acknowledged a revised Metropolitan Council staff report on the southeast area Comprehensive Plan amendments along with a memo from the City Administrator regarding a City response to the report. Administrator Frazell informed the Council that there are only two substantive changes from the first staff report: inclusion of reference to concerns he expressed in a January 30th meeting with the Council staff and Mary Martin on implementation of aircraft noise land use compatibility guidelines and Page No. 2455 February 4, 1986 application of those guidelines, and the inclusion of three subsections under the third staff recommendation to the Metropolitan Council. Administrator Frazell stated that, with regard to subsection b of the third recommendation, he believes notification of occupants of proposed developments of potential aircraft noise is the responsibility of the private sector. He informed Council that at the January 30th meeting he had raised the question of city liability if the city notified potential buyers who subsequently backed out of a transaction with a seller. With regard to subsection c, he stated that it appears that there are 8 criteria which the Metropolitan Council uses in reviewing plans: his first reaction to Metropolitan Council review of development plans was negative, but that the staff of the Metropolitan Council is really only asking for review and comment, not approval. • • In response to a suggestion from Councilmember Cummins that the bottom line is that the staff is not going to recommend approval of the plan amendments to the Metropolitan Council, Administrator Frazell stated that District Representative Mary Martin supports the City and disagrees with the Metropolitan Council staff. With regard to a question from Councilmember Cummins regarding the legal status of the aircraft noise zones, he responded that there is no statutory authority, however the noise zones do have some administrative standing under the Land Planning Act. Mr. Bernie Friel stated that it is his understanding that the Metropolitan Council has adopted noise guidelines and that cities are expected to adopt ordinances to implement the guidelines. He suggested that they are apparently expecting adoption of ordinances to adopt noise zones and noise attenuation as part of the comprehensive plan, drawing specific noise lines along property lines. Councilmember Witt stated that it appears that the City would have to require owners to follow noise attenuation requirements in the construction of their homes. Administrator Frazell agreed and stated that he takes issue with the Metropolitan Council's superordinate building code ordinance requirement for several reasons: no one has ever developed technical standards; there is a question over who is responsible for economic loss to property owners; noise contours are based on technical standards neither of which is finite; he does not feel that interior noise is the problem or that sound attenuation is the problem. BISAN2 FEASIBILITY STUDY. Ayes: 5 Nays: 0 NORTH END STREETS Ayes: 5 Nays: 0 FIRE DEPARTMENT Ayes: 5 Nays: 0 Page No. 2456 February 4, 1986 He stated that the Community Development Committee and full Metropolitan Council may be more flexible than the staff -- the city substantially complies with their guidelines. It was the concensus of the Council that Administrator Frazell draft a letter of comments and appear before the Metropolitan Community Development Committee at its February 13th meeting. Public Works Director Danielson reviewed the feasibility report on proposed improvements to serve the Bisanz property. Councilmember Witt moved adoption of Resolution No. 86-08, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER AND WATER EXTENSIONS TO SERVE THE BISANZ PROPERTY AND ADJACENT AREAS (IMPROVEMENT NO. 82, PROJECT NO. 7)," the hearing to be conducted on March 4th. Councilmember Hartmann seconded the motion. Mayor Lockwood moved adoption of Resolution No. 86-09, "RESOLUTION REQUESTING A VARIANCE TO THE M.S.A. STANDARDS FOR CHIPPEWA AVENUE (T.H. 149, DODD ROAD TO T.H. 13, ANNAPOLIS) M.S.A. PROJECT NO. 140-108-01 (IMPROVEMENT NO. 79, PROJECT NO. 3)." Councilmember Hartmann seconded the motion. The Council acknowledged a memo from the City Administrator recommending the appointment of and salaries for the Fire Chief and Assistant Chief. Councilmember Cummins moved that John Maczko be appointed Fire Chief and that Bill Lerbe be appointed Assistant Fire Chief. Councilmember Witt seconded the motion. Mayor Lockwood stated that just a year ago the salaries were $3,930 and $2,160 for the chief and assistant respectively and that he sees no need to increase the salaries to $5,000 and $3,000 at this time. He felt that it would be more appropriate to increase the 1985 salaries by 4%. Ayes: 5 Nays: 0 LEAGUE OF MINNESOTA CITIES PARK SURVEY Page No. 2457 February 4, 1986 After discussion, Councilmember Cummins moved to approve 1986 annual compensation of $5,000 for the Fire Chief and $3,000 for the Assistant Fire Chief. Councilmember Witt seconded the motion. The Council acknowledged a memo from the City Administrator regarding a survey request from the LMC for Council consideration to pay an additional 10% of its dues to the League to support an expanded Amicus Program. It was the concensus of the Council to direct the Administrator to submit a positive response to the survey, indicating that the City would participate. The Council acknowledged and discussed a memo from the City Administrator regarding Phase II of the Park Study being prepared by Barton Aschman Associates. Councilmember Blesener expressed disappointment with Phase I, felt that there was no new information given in Phase I of the study and that there was very little substance to the study. She stated that she had fully expected that some of the information that Barton Aschman is proposing for Phase II would be included in Phase I. Councilmember Witt stated that she was disappointed that the consultant had not looked at some areas of the City which were brought up at the January 22nd meeting and wondered whether the consultant was going to charge additional fees to consider those areas which she felt should already have been studied. Councilmember Blesener stated that she thought that by Phase II the Council would have been given a recommendation on a site and would have some idea of costs involved -- instead, the Council is looking at an additional $10,000 to 015,000 in costs for this work which she felt was the essence of Phase I of the study. She felt that Phase 2 would be the graphics and public information phase. Mayor Lockwood stated that he was appalled at how little the City has received for its money. Councilmember Cummins felt that some of the work described in Phase II has already been done. He suggested that Council decide to authorize only the first three tasks suggested in Phase II at this time. Councilmember Blesener agreed but felt that the first task is unnecessary at this time. Mayor Lockwood felt that Task 2 should be part of a future project. Ayes: 4 ( /Nays: 1 Blesener 1986 WORK PROJECTS Page No. 2458 February 4, 1986 After discussion, Councilmember Cummins moved to approve a contract for $8,700 for completion of tasks one and three of the Barton-Aschman proposal and to reserve consideration of tasks four and five for a later date. Councilmember Witt seconded the motion. The Council acknowledged and discussed a memo from the City Administrator which included a 1986 work projects matrix prepared by the department heads and a copy of the Target Issues portion of Lyle Sumek's "Summary Report." There was brief discussion over whether a facilitator should be brought in to assist in the preparation of a City vision and philosophy. It was the general consensus that the Administrator should research the time and cost needs for a facilitator. With regard to wholesale water, staff was directed to place the consultant's report on a regular agenda for Council review and discussion and to invite a Short- Elliott-Hendrickson representative to attend. Council concurred that the remaining five issues in the "Setting Priorities" section of the memo be delayed. MISCELLANEOUS The Council acknowledged and briefly discussed a memo from the Public Works Director regarding Diego Lane. COUNCIL COMMENTS ADJOURN Ayes: 5 ( Nays: 0 Councilmember Witt informed the Council that the League Legislative Conference and the NDC-4 hearing are scheduled for February 5th. She also informed Council that she plans to attend a Government Training Service meeting on rezoning amendments. Councilmember Blesener asked that the Public Works Director contact Mn/DOT regarding the timing of the signal light at Lexington Avenue and T.H. 110. 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: 11:45 o'clock P.M. ATTEST: Wathleen M. Swanson tozi,t-o-k Robert G. Lockwood Mayor Page No. 2447 January 22, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Meeting Held Wednesday, January 22, 1986 The meeting was called to order at 8:15 P.M., by Mayor Lockwood. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, and Witt. Councilmember Hartmann was absent. The following Parks Commissioners were present: Chair Jim Stein, Bob Doffing, Marsha Knittig, Bob Leffert, Carol Damberg and Mary Jeanne Schneeman. Alan Singer was absent. Planning Commissioners present: Bill Frank, Joe Stefani, Bill Burke, Jerry Morson. Cam Kruse and Dorothy McMonigal were absent. City .staff present: Larry Shaughnessy, Jim Danielson, Kevin Frazell. Barry Warner and Mary Ordahl were present from Barton Aschman, Inc. PARK STUDY PRESENTATION Consultant Barry Warner began by describing their firm's work on the inventory :of existing park facilities, and a survey of needs through the year 2000. He indicated that Mendota Heights is somewhat unique, and that it's household size of 2.9 people was almost twice the metropolitan average, and that there are a high number of teens and people in their 50's and 60's residing in the community. He also indicated that the City is unique in the amount of surrounding regional park property. He added that in general, the City had plenty of tennis courts, although they were not lighted. Deficiencies were found more in such things as hard surface pick-up play areas, soccer fields, softball diamonds, etc. Consultant Mary Ordahl added that her research had shown that many Mendota Heights residents participate in softball act- ivities in the City of Eagan. However, with its growing pop- ulation, Eagan has taken a position that persons not residing or working in the community will not be able to participate in softball leagues there in the future. However, West St. Paul is still receptive to having Mendota Heights residents partic- ipate in its recreation programs, and there are many possib- ilities for joint efforts with that city. Warner briefly touched on the four.sites that had been considered for a community playfield, Henry Sibley High School, the Wachtler property, the School Forest Site, and the Riley property. Warner said that the School Forest Site had several constraints, including an undulated topography, wetlands, and an NSP power line easement. He added that the Riley property had some potential, and that putting lighted playfields next to an interstate highway might be a good idea. He sugg- ested that there should be a closer look at the Riley property, and also discussions with District 197 regarding shared use possibilities for Henry Sibley. He said that two playfields should meet all the community's demands at the saturation population level. Ordahl suggested th4'with the increase in facilities in the community, Mendota Heights might not be able to get along with only a part-time recreation director. As an alternative to a full-time person, she suggested that the City might want to FINANCIAL IMPLI- CATIONS Page No. 2448 Ja,nuary 4,986 pursue cooperating with other agencies, such as School District #197 and the City of West St. Paul. Warner then described the work they had done on a proposed trail system for pedestrians, bikes, and cross country skiers. He indicated that the trail system would have destinations both within the City limits, and to outside points such as the Minneapolis trail system, the Minnesota River trail to Jordan, and Fort Snelling State Park. He added that the proposed plan envisions not only acquiring property, but using Mn/DOT right- of-way, linking open space areas, signage of existing streets, and use of electric power line easements. He said that long- range upgrading plans for the Mendota Bridge call for making it bikeway compatible. During the discussion between the Council and the Parks Comm- ission and the Consultant, there was a concensus that the McCloud property at Victoria and Marie, and the Perkegwin property along Dodd Road should also be considered as possibil- ities for a community playfield. City Treasurer Larry Shaughnessy discussed a handout showing the property tax implications of various size bond issues. His analysis indicated that an issue of $1.2 million would require $160,000 in yearly debt service, and would result in property tax increases ranging from $16.91 on a house value of $87,500 to $46.25 on a house valued at $190,600. He added that the City would probably also need to levy an additional one-half mill for support of increased maintenance level, and the cost to the same homeowners would be $6.66 to $18.20. Shaughnessy said that many people would be experiencing sub- stantial increases in the property tax bills which they would receive this spring, because of the Assessor's increased valuations, and the School District #197 levy. He also added that there were not really any realistic alternatives to a bond issue for financing a sizeable expansion of the park system. FUTURE DIRECTION ON Warner indicated that in Most cities, it is important to have PARKS PLAN & BOND a blue-ribbon committee of interested citizens to promote the ISSUE bond issue. He added that by mid-March, the Commission and Council would be in a position where they would need to decide whether a referendum would be held in latter May. Councilmember Cummins raised the possibility of a summer bond issue, and the consultants responded that while most cities do not do them in the summer, there was no reason that it couldn't be considered for Mendota Heights. It was agreed that the Parks Commission needed to continue its work to come up with a specific recommended package of park improvements, and should go forward to do so. It was also agreed that Barton Aschman's assistance would be needed to continue with the process, and that staff should meet with the consultants to work out the details of a proposed WACHTLER PROPERTY ACQUISITION Page No. 2449 January 2,.i.986 contractual arrangement,.which would be presented to the City Council in the near future. John Frank asked what the $1.2 million of bonding authority would buy. Warner responded that the development of a community athletic field would be approximately $4- $500,000, exclusive of the cost of property acquisition. He estimated completion of the trail system at $275,000 to $350,000, plus land acquisition cost. Mayor Lockwood commented that he didn't think proceeding to develop the final park bond plans would b.e a waste of money, since the work needed to be done. There was a concensus of the Council that the planning work should proceed. City Administrator Frazell gave a brief report on the discussions between the City and the Wachtler family. He indicated that the City had offered $475,000 for the property, with the sellers to pay off all outstanding assessments. This had been unacceptable to the Wachtlers, and they had countered with an offer of $550,000. Frazell said that the discussion had been left hanging, pending a decision as to how badly the City wants the Wachtler property. There was an agreement that as part of the planning effort, the consultant and Commission should look at the fall back positions of acquiring the McCloud or Perkegwin properties as alternatives to Wachtler. ADJOURN Councilmember Blesener moved that the meeting be adjourned. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 ATTEST: TIME OF ADJOURNMENT: 10:40 P.M. ccLuoivL Robert G. Lockwood Mayor Kevin D. Frazell City Administrator