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1985-12-03 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 3, 1985 Page No. 2411 December 3, 1985 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 6:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 6:30 o'clock P.M. The followin members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann and Witt. Councilmember Cummins arrived at 7:10 P.M. CITY HALL Members of the City Hall Committee, along with Bob Pierce and Don Whiski from Lindberg-Pierce Architects were present to discuss the committee's recommendations with the Council. Chairperson Stan Gustafson stated that the committee members were present to determine whether the committee is headed in the right direction. He stated that the group feels the City facilities are inadequate. He reviews facility needs and informed Council of the unanimous committee recommendation to build a City Hall. Mr. Gustafson also explained the site review process informing Council that two of the sites are recommended for final consideration: property located at the end of South Plaza Drive within the Mn/DOT right-of-way for future T.H. 149; and the Civic Cente site at T.H. 110 and Lexington Avenue. Mr. Pierce noted that the Civic Center site has an advantage over the other site because of its visibility and because it is already City-owned. With regard to availability of the South Plaza Drive site, Administrator Frazell informed Council that as soon a Mn/DOT makes a determination to upgrade T.H. 149 on the existing alignment they will sell the easement: they must negotiate with the underlying fee owner and if he does not wish to acquire the land, Mn/DOT would negotiate with the City for fair market value. Committee member Evelyn Fischer felt that the Civic Center site holds the most possibilities in that it contains 17 acres and has greater potential for futur development. Chairperson Gustafson felt that the Cit must look at the "bottom line" - the City owns the Civic Center site and if the soil borings on the site indicate it is appropriate, it would be his personal recommendation. If soil borings indicate the site is unsuitable or that it would cost a great deal of mone to make it buildable, the City should then acquire th RECESS AGENDA ADOPTION Ayes: 5 Nays: 0 CONSENT CALENDAR Page No. 2412 December 3, 1985 South Plaza Drive site Councilmember Blesener stated that she prefers the Civic Center site and could envision the City being entangled in lengthy negotiations over the South Plaz Drive site. Mayor Lockwood pointed out that there is very good access to the Civic Center site. Mayor Lockwood called a recess at 7:30 P.M. The meeting was reconvened at 7:42 P.M. Councilmember Witt moved adoption of the agenda for the meeting including additional items contained in the add-on agenda and discussion on consideration of retention of bond counsel for the City. Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, excluding Item e, Acknowledgement of Planning Commission action on Ophoven Variance, including authorization for execution of all necessary documents contained therein. a. Acknowledgement of Fire Department monthly report for October. b. Acknowledgement of Code Enforcement monthly repor for November. c. Acknowledgement of a letter from Visitation Monastery regarding watermain assessments. d. Acknowledgement of the November 26th Planning Commission meeting. e. Acknowledgement of the minutes of the November 6t and 13th NDC-4 meetings. E. Approval of a request to allow beaver trapping at 1297 Sylvandale Road with the stipulation that th Police Department is provided with information on the person who will do the trapping. g. Approval of the list of claims dated December 3, 1985 and totalling $150,747.68. Ayes: 5 Nays: 0 OPHOVEN VARIANCE Ayes: 5 Nays: 0 PUBLIC COMMENTS Page No. 2413 December 3, 1985 h. Approval of the list of contractor licenses, granting licenses to: Creative Concrete Friedges Landscaping M.A. Mortensen Company Hans Hagen Homes, Inc. Unique Indoor Comfort Inc. Dronen's Heating and Air Conditioning Masonry Contractor License Excavating License General Contractor License General Contractor License Heating & Air Conditioning License Heating & Air Conditioning License Councilmember Hartmann seconded the motion. Councilmember Blesener expressed concern over potential costs which might be incurred by the City is Council approves the November 26th Planning Commission recommendation to direct staff to work wit the Ophoven's on a solution to access and utility servicing problems. Councilmember Blesener moved to direct staff to work with the Ophovens and other property owners to secure a Mendota Heights access to the Ophoven property on T.H. 13 on the basis the engineering costs do not exceed the amount of engineering retainer included within the Planning budget. Councilmember Witt seconded the motion. Mr. Bernard Friel stated that at the last meeting Council adopted a resolution giving preliminary approval to $10 million in housing revenue bond financing for the Riley project and Council indicated that protective language would be added to the preliminary resolution to be sure that the City's position is protected if the bonds are not issued. Ht stated that the papers were filed by the City with thi Housing Finance Agency on November 21st, however when he asked for a copy he was informed it had not yet been prepared. Attorney Hart responded that the papers filed with th( M.H.F.A. included notification to the agency that the resolution was a form resolution and that there would be more clarifying language added to the final copy 0: the resolution. He informed Council that the amended copy is being prepared by Mr. Riley's bond counsel. Councilmember Cummins felt that the submission of the Page No. 2414 December 3, 1985 unamended resolution points to the need for the City to retain its own bond counsel. CITIZEN REQUESTS The Council acknowledged a memo from the City Administrator relative to a request from Mr. James Losleben to purchase a set of sewer bill mailing ) labels. Mr. Losleben, present for the discussion, stated that he fels very strongly about the southeas area, would like to communicate a number of things to the community and is requesting the mailing labels fo this purpose. Administrator Frazell stated that while the list of sewer accounts is public data, other individuals coul make similar requests for other purposes in the future, and he believes requests to provide labels should be approved by Council. After discussion, Councilmember Witt moved approval o the request to purchase sewer list mailing labels. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 HEALTH RESOURCES Mayor Lockwood opened the meeting for the purpose of continued public hearing on an application from Healt. Resources for industrial revenue financing. Financia Advisor Shaughnessy informed Council that the applicant has not been able to resolve facility location problems and will not proceed at this time. Councilmember Blesener moved that the hearing be closed at 8:10 P.M. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 YORKTON FEASIBILITY Mayor Lockwood opened the meeting for the purpose of HEARING public hearing on proposed improvements to serve the Yorkton Centre Pointe South subdivision. Public Works Director Danielson described the project ) area and proposed improvements. He explained that only two property owners will be affected by the improvements, Mr. Larry Lee and GNB, and that the estimated cost is proposed to be distributed in the following manner: Yorkton, 0553,000, Mn/DOT, 220,000, GNB, $26,000 and Tax Increment District, $436,000. Mayor Lockwood asked for questions and comments from the audience. Page No. 2415 December 3, 1985 There was discussion over the proposed project and over Lemay Lake and Augusta Lake drainage problems. Mr. Larry Lee, of Yorkton Development, stated that the holding pond included in the project is designed to hold the runoff water from Centre Pointe South and acknowledged that the property might be assessed at such time as Augusta /Lemay Lake drainage improvements are made. Administrator Frazell and Financial Advisor Shaughnessy explained tax increment financing, and described tax increment district projects. There being no questions or comments from the audience, Councilmember Blesener moved that the hearing be closed at 8:38 P.M. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 Mayor Lockwood moved adoption of Resolution No. 85 -94 "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, STREET AND LIGHTING IMPROVEMENTS TO SERVE YORKTON CENTRE POINTE SOUTH SUBDIVISION AND ADJACENT AREAS (IMPROVEMENT NO. 84, PROJECT NO. 4)." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 ALPHA ENVIRONMENT The Council acknowledged a memo from Financial Advisor INDUSTRIAL DEVELOPMENT Shaughnessy informing that construction of the BONDS conference center will be delayed and that Mr. Larry Lee has asked that $3,500,000 of the authorized $6,400,000 revenue bond issue be allotted for construction of an office building in Centre Pointe South. Mr. Shaughnessy informed Council that the bon, counsel working on the issue feels that because of the revised use of the building a new hearing should be conducted and recommended establishing a public hearing on December 17th. Mr. Lee explained the circumstances on which he based his determination to delay conference center construction to 1986 and stated that he is requesting that $3.5 million be allocated to construct a 45,000 square foot office building. After discussion, Councilmember Blesener moved adoption of Resolution No. 85 -95, "RESOLUTION RATIFYING PUBLICATION OF A NOTICE OF PUBLIC HEARING 0: A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIA: DEVELOPMENT ACT ," the public hearing to be conducted Page No. 2416 December 3, 1985 on December 17th. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 WAREHOUSE SALE REQUEST Mr. Dick Adrian, representing Jean-Claude, was presen ) to request approval to conduct an on-going weekend an evening, after 5:00 P.M., warehouse sale at their facility located in the Pilot Knob Service Center building. Mr. Adrian explained that Jean-Claude is a mail order company, that they would like to operate a retail outlet. He stated that this firm would like t operate a warehouse sale as a test to determine whether a retail facility would have a market. Ayes: 5 Nays: 0 BOND COUNSEL, MENDOTA HEIGHTS ASSOCIATES PROJECT Members of the Council pointed out that retail sales are specifically excluded in the industrial district and that they do not wish to set a precedent by deviating from City policy. It was noted that a particular concern is that of parking. Mr. Adrian stated that his firm is not interested in establishing a retail operation from their current location, they only wish to test the market for a short period. Coulicilthember Cuminins. asked whether he could . accept four warehouse sales a year,ona weekend -:a month -for. four. months. After discussion, Councilmember Cummins moved to allot Jean-Claude to conduct four weekend sales, limited to Saturdays and Sundays, one sale each during the month, of January through April, 1986, with the same restrictions and conditions which have been applied t Schaak warehouse sales in the past. Councilmember Witt seconded the motion. Councilmember Cummins stated that he was disappointed with the outcome of the November 19th reconsideration of the Mendota Heights Associates housing revenue financing discussion. He felt that the City is getting into a legal morass on the bonding matter. H stated that at past meetings he has pointed out legal and technical problems over the bonding process and i now concerned over the submission of the unamended resolution to the M.H.F.A. He pointed out that Council has depended on the bond counsel provided by the developer and has failed to recognize that they are representing the developer. He felt that Council should give serious consideration to retaining its ow bond counsel to review what has been done on the bonding matter and to advise Council of its rights Page No. 2417 December 3, 1985 with respect to the City's rights to the bond issue. Mayor Lockwood expressed concern over potential costs and asked whether the costs incurred could be charged against the bonding project. Attorney Hart responded that payment of the incurred costs by the developer can be a consideration of approval of the bonds. Councilmember Blesener stated that it is her understanding that final approval of the bond issue i contingent upon approval of final plans and assured rezoning: it was her opinion that the City must go through its normal procedure of review by the Plannin Commission and referral to Council before Council can give any opinion or approval or disapproval on any development plan or rezoning. She felt that Council should not be in a position to consider final bonding until the normal procedure is completed. Councilmember Cummins stated that if the bonds are issued and there are insufficient Council votes on th, rezoning, it might damage the City's future bonding ability. He felt it advisable to get a formal opinio: before any discussion on final bond issuance. After further discussion, Councilmember Cummins moved that staff be directed to retain bond counsel to review all actions taken by the City and the develope: with regard to the Mendota Heights Associates bond issue and that the bond counsel advise the Council as to past and future actions on a bond issue, and on thf basis that such counsel will not be retained unless assurance is given that an opinion will be available to Council before December 17th. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 1 Lockwood Councilmember Blesener pointed out that four votes are necessary to approve rezonings and that such votes art not forthcoming. Mayor Lockwood stated he voted against the motion because if at the next meeting the developer does not have a project plan that four Council members feel is a project the Council could ultimately accept, he will not be interested in even discussing final approval of the bonds. UTILITY CONNECTION The Council acknowledged and discussed a memo from thf Public Works Director relative to a request from Bernard Friel for connection to the City's utility services at the end of Pueb10 Drive to serve a new home he plans to construct. Mr. Friel, present for the discussion, stated that he has no objection to th( Ayes: 5 Nays: 0 COMPREHENSIVE PLAN AMENDMENTS Ayes: 4 Nays: 1 Cummins Ayes: 5 Nays: 0 SOUTHEAST AREA PLAN AMENDMENT STATEMENT Page No. 2418 December 3, 1985 connection charge or the manner in which the charge i proposed to be structured. Councilmember Witt moved to authorize issuance of sewer and water permits as recommended, for a net connection charge of $2,347.16. Councilmember Cummins seconded the motion. The Council acknowledged a memo from the City Administrator along with an addendum to the Comprehensive Plan for the southeast area and amendment to the comprehensive sewer plan. Councilmember Cummins expressed concern over submission of the information to the Metropolitan Council before the comprehensive park study is completed and discussed. Attorney Hart stated that h submission of the documents to the Metropolitan Council nothing new is being done, submission would just be implementing steps taken by the Council in adopting the comprehensive plan amendments. Administrator Frazell informed Council that the Metropolitan Council is currently updating its Metropolitan Development Guide. Unless the amendment; are submitted prior to completion of the Guide updates, much of the southeast area would fall outside of an area in which sewer permits could be issued because in its plan currently on file with the Metropolitan Council the City indicates that there would be no sewer available to the area until after 1990. Councilmember Witt moved approval of transmittal of the Addendum to the Comprehensive Plan for the Southeast Area to the Metropolitan Council. Mayor Lockwood seconded the motion. Councilmember Witt moved to adopt the amended Sewer Plan and transmit it to the Metropolitan Council. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a proposed Council statement on Southeast Area amendments prepared by the City Administrator and proposed to be printed and distributed with the City newsletter. Mayor Lockwood and Councilmember Cummins suggested a number of changes to the document. Vote on Amendment: Ayes: 4 Nays: 1 Blesener Vote on Original Motion: Ayes: 5 Nays: 0 RECESS ( , COPPERFIELD FINAL PLAT Page No. 2419 December 3, 1985 Councilmember Cummins felt that if the statement is t be an educational item it would be good to also present the statement Mr. Losleben intends to distribute. Mr. Losleben stated that he would like t respond to the Council statement in the same issue of the newsletter, and agreed with the Mayor's request that he submit his statement to the City Administrato to be sure there are no inadvertent errors in the statement. Councilmember Blesener expressed concern that what th Council is trying to do is to disseminate a statement of facts -- the position Mr. Losleben is presenting comes from a totally different angle and is an opinio position. Administrator Frazell stated that if Council approves the inclusion of Mr. Losleben's statement, the newsletter should state that this is a unusual case so that others do not feel they have the right to request similar treatment when they disagree with a Council position. Councilmember Blesener moved to adopt the City Counci statement and its distribution with the Heights Hilites. Councilmember Witt seconded the motion. themotiaa Councilmember Cummins moved to amendAto provide that the newsletter will include a printed statement by James Losleben which will be delivered to the City Administrator by December 6th. Councilmember Hartmann seconded the motion. Mayor Lockwood called a recess at 10:50 P.M. The meeting was reconvened at 11:00 P.M. Mr. Jim Ostensen, from Tandem Corporation, was presen to request approval of the final plat for Copperfield and informed Council that the four conditions for approval stipulated in the Public Works Director's memo dated December 2, 1985 are acceptable to his firm. Public Works Director Danielson informed Council on a request from OPUS that existing assessments against their land, which is being purchased by Tandem, be evenly distributed over the entire OPUS property. Ayes: 5 Nays: 0 BUILDING CODE AMENDMENT Ayes: 5 Nays: 0 FIRE DEPARTMENT Page No. 2420 December 3, 1985 Councilmember Witt moved adoption of Resolution No. 85-96, "RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD," subject to conditions stipulated in the Public Works Director's memo, along with approval of an even distribution of existing assessments against the OPUS property. Councilmember Hartmann seconded the motion. Fire Marshal.. Paul Kaiser was present to review and answer questions regarding his memo recommending adoption of Appendix E of the Uniform Building Code which requires the sprinkling of strucures including commercial, industrial and apartment structures. After discussion, Mayor Lockwood moved adoption of Ordinance No. 222, "AN ORDINANCE ADOPTING APPENDIX E OF UNIFORM BUILDING CODE." Councilmember Witt seconded the motion. The Council acknowledged a letter from Fire Chief Leroy Noack in resignation from his position of Fire Chief, effective on December 1st, along with a memo from the City Administrator regarding appointment of replacement. Administrator Frazell recommended that Assistant Fire Chief Maczko be appointed Acting Fire Chief and that Captain Bill Lerbs be appointed Acting Assistant Fire Chief. Councilmember Blesener moved to accept the resignatiol of Leroy Noack from the position of Fire Chief. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 AMBULANCE SERVICE Councilmember Hartmann moved to appoint John Maczko a Acting Fire Chief and Bill Lerbs as Acting Assistant Fire Chief, effective December 1, 1985, at annual salaries of $4,087 and $2,249 respectively. Councilmember Witt seconded the motion. Divine Redeemer Ambulance Director David Miller was present to answer Council questions regarding his request to house an ambulance at the City's Fire Station. Acting Fire Chief Maczko, also present for the discussion, informed Council that the ambulance service has agreed that ambulance personnel will follow the same rules and regulations as fire personnel, will supply their own bunks, equipment and Page No. 2421 December 3, 1985 cleaning supplies and will support heat and electrica costs. Mr. Miller stated that the ambulance service is closing their operation in Apple Valley, Lakeville an Farmington and is looking for a location to house an advanced life support rig and two paramedics. He agreed with the Fire Department's recommendation for one-year trial period and stated that he would do whatever is necessary to resolve the question of any financial burden on the City. After discussion, Councilmember Cummins directed staf to enter into an appropriate one-year agreement with the Divine Redeemer Ambulance Service for the housing of an advanced life support rig and paramedics at the fire station. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 PERSONNEL CODE Administrator Frazell reviewed provisions to the City's personnel code and answered Council questions. Councilmember Witt moved to direct the Administrator to prepare final copy of the personnel code for adoption on December 17th. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 STREET LIGHT POLICY Discussion on a street lighting policy was tabled to December 17th. BLOCK GRANT Ayes: 5 Nays: 0 LIQUOR ORDINANCE Councilmember Cummins moved adoption of Resolution No 85-98, "RESOLUTION REQUESTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR NORTH END STREET IMPROVEMENTS," and authorizing submission of the bloc! grant proposal to the Dakota County H.R.A. Mayor Lockwood seconded the motion. The Council acknowledged and discussed a memo from th4 City Clerk regarding a Marriott Corporation development proposal and the possible need for liquor ordinance amendments. It was Council concensus that staff be directed to prepare a draft ordinance amendment. PERSONNEL Ayes: 5 Nays: 0 ENGINEERING CITY HALL Ayes: 5 Nays: 0 MISCELLANEOUS EQUIPMENT Ayes: 5 Nays: 0 Page No. 2422 December 3, 1985 Councilmember Cummins moved that David Sorby be given probationary appointment as Public Works Maintenance Worker at the rate of $8.15 per hour. Councilmember Witt seconded the motion. The Council acknowledged and concurred in a recommendation from Public Works Director Danielson that a summer intern be hired in 1986. Councilmember Hartmann moved to authorize soil testinc on the Civic Center site for an amount not to exceed $2,500. Councilmember Witt seconded the motion. The Council acknowledged and discussed a League of Minnesota Cities Action Alert and memo from the City Administrator regarding tax exempt financing. As the result of the discussion, staff was directed to send letters to the City's legislators emphasizing the City's concerns identified in the Administrator's memo. Mayor Lockwood moved that the Engineering Department be authorized to purchase a DIAZIT 6150 Blue Printing Machine from Albinson's for a cost of $2,000. Councilmember Hartmann seconded the motion. MOTOR VEHICLE ORDINANCE Councilmember Witt moved adoption of Resolution No. 85 -97, "RESOLUTION REGARDING PUBLICATION OF SUMMARY 01 AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC." Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Councilmember Blesener suggested that the Council consider appointing Commission Chairpersons. It was Council concensus that the Administrator notify the Commissions that Council is considering the suggestion. It was the concensus of the Council that the December 17th meeting begin at 7:10 P.M. for discussion of the Administrator's salary for 1986. ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No 2423 December 3, 1985 There being no further business to come before the Council, Councilmember Hartmann moved that the meetin be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 12:34 o'clock A.M. Jed Robert G. Lockwood Mayor K thleen M. Swanson City Clerk A