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1983-09-20 Council minutesPage No. 1887 September 20, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 20, 1983 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:38 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Mertensotto and Witt. Councilmember Losleben had notified the Council that he would be out of town. APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved approval of the minutes of the September 6th meeting, with corrections. Mayor Lockwood seconded the motion. Councilwoman Witt moved approval of the minutes of the September 12th and September 13th adjourned meetings. Councilman Mertensotto seconded the motion. Councilman Mertensotto 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. 1. Acknowledgement of the Minutes of the September 6th Special Planning Commission meeting. 2. Acknowledgement of the Engineering Status Report.; the Treasurer's Report and the Fire Department Report, all for August. 3. Acknowledgement of the NDC-4' Minutes from September 7th and the Agenda for September 21, 1983. 4. Approval of the List of Claims, dated September 20, 1983 and totalling $474,862.49. 5. Approval of the List of Licenses, granting licenses to: Dale G. Anderson Construction Co. Inc. Carl Bolander & Sons, Co. Decks Plus Dennis Golla Construction Liberty Construction, Inc. General Contractor General Contractor General Contractor General Contractor General Contractor Ayes: 4 Nays: 0 HEARING: 1984 PROPOSED BUDGET Ayes: 4 Nays: 0 Page No. 1888 September 20, 1983 Midland Heating & Air Condt. Palmer Service Electric Co. Rivard Masonry Rudy Excavating Signcrafters Outdoor Display, Inc. St. Paul Plumbing & Heating Co. State Mechanical, Inc. Councilman Hartmann seconded the motion. Heating & A/C. Heating & A/C. Masonry License Excavating Sign Hanging Gas Piping License Excavating License Mayor Lockwood opened the meeting for the purpose of a public hearing on the 1984 departmental budget requests. He turned the meeting over to Administrator Johnson for review and discussion. Administrator Johnson advised the Council that apart of the Federal Revenue Sharing guidelines and requirements include the conduct of a public hearing on the proposed 1984 budget. He advised the Council that a notice of the hearing had been published in the Sun Newspaper, He then proceeded to itemize the Department totals for 1983 estimated expenditures and requested 1984 expenditures. Councilwoman Witt asked why the 1984 request was less than the 1983 estimate figure for Administration . Administrator Johnson replied that the two main reasons for the reduction are the SAC charges and rent expenses being applied to appropriate departments, rather than being carried by the Administration department only. He also noted that these figures did not include the Engineering Enterprise Fund, nor the Utilities Enterprise Fund, noting that these items are being worked on at the present time. He noted that the 1984 budget, as proposed, will increase the City's mill rate by 2.1 mills, from 14.52 mills to approximately 16.65 mills. Mayor Lockwood suggested that before the 1984 levy is approved, he would like a good reason why they should not reduce the 2.1 mill rate impact by the equivalent number of dollars representing what might be saved on the proposed budget. Two other Councilmembers did not agree with his suggestion, noting that the City operates at a bare bones budget at the present time. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Mayor Lockwood moved that the public hearing be closed at 8:12 P.M. Councilman Hartmann seconded the motion. FIRE STATION DISCUSSION Page No. 1889 September 20, 1983 Architects Jann Blesener and Bruce Caulfield, from Trossen- Wright, were present to discuss with the Council and Fire Department representatives, proposed changes in size and cost for the new Fire Station. Ms. Blesener noted that the original estimate was for $750,000, which included 8,800 square feet of floor space. After several meetings with Fire Department representatives, it was determined that an additional 2,150 square feet would be desireable, and the cost increase for the additional space would amount to approximately $70,000. She noted that $56,000 would be the cost of purchasing the Warnke property, $30,000 would be to purchase 125 feet of the Perkegwin property, $28,750 in fees based on the architect's contract with the City, and $37,500 for the 5% contingency on $750,000. She advised the Council that the estimated construction cost would be $61.00 per square foot. It was pointed out that the appraised cost to purchase 250 feet of Perkegwin property would be $55,000. Ms. Blesener advised the Council that a single story building is being proposed with 46 parking stalls. She then distributed site plans to the Council members. There was some discussion on whether it would be advisable to berm the northern side of the building or to move the station closer to Mr. Warnke's property. Fire Chief Noack stated that it was the desire of the Fire Captains that the apparatus room be 80 feet by 100 feet, rather than 80 feet by 80 feet. This would accomodate longer vehicles, to be purchased in the future and would allow enough room for hose changes. Ms. Blesener was thanked for her presentation and excused at 8:55 P.M. to 'allow her appearance at a 9:00 P.M. meeting elsewhere. Councilwoman Witt suggested resolving the size and cost of the apparatus room and determining the availability and the cost for the purchase of 250 feet of Perkegwin property. Architect Bruce Caulfield stated that they will design the station to fit the fire department's needs. Mayor Lockwood asked Mr. Caulfield to come back in two weeks with a larger apparatus floor plan, new site plan and the estimated costs, along with parking plan changes. He also suggested that Administrator Johnson find out the cost to purchase 250 feet of the Perkegwin property. Councilwoman Witt responded by saying that she would contact City Attorney Winthrop to discuss the matter. Administrator Johnson advised that Mr. Warnke would accept $56,000 for the purchase of his property and that he believed Perkegwin would accept $27,500 for the purchase of 125 feet of their property. Page No. 1890 September 20, 1983 Mr. Caulfield indicated that he would come back with revised drawings and also with cost factors regarding the purchase of additional land from Perkegwin. McNEILL WOOD SALES Mr. Irving Shaw, attorney representing Mr. George McNeill, was present to request Council permission to allow Mr. McNeill's sales of slab wood at 1472 Sibley Memorial Highway until December 31, 1983. Mr. Shaw noted that previously there were about 1,000 stacks of bundled wood on the site, and that in response from Country Club and the City regarding the illegal sale on the site, Mr. McNeill had' reduced his inventory to about 250 stacks of wood. Mr. McNeill was requesting permission to remain on his site, without any criticism from the City, until the end of the year, when all remaining wood sales would cease. Mr. Shaw advised the Council that Mr. McNeill had moved his operation to a location in Eagan, but that it would be too costly to remove the remaining bundles at the present time. Ayes: 4 Nays: 0 NSP STREET LIGHT CONVERSION Councilmember Mertensotto questioned what would happen if the wood sales did not cease by the end of the year. He felt that perhaps a good faith deposit should be required of Mr. McNeill, to assure his compliance with his promise to cease his sales activity by December 31, 1983. Mr. McNeill's sister, who was also present, stated that she would put up a $250 bond to satisfy the City that the sales activity would cease as they said it would. Councilman Mertensotto moved that George McNeill be given until December 31, 1983, to cease and desist his retail operations at the Country Club site, conditioned upon the receipt of a $250 bond within ten days and that the deposit be returned to Mr. McNeill if in fact, the sales activity and storing of wood ceases by December 31, 1983. If such activity does not cease, Mr. McNeill will forfeit his $250 bond. Councilwoman Witt seconded the motion. Mr. McNeill pointed out that his existing single family home is a non-conforming use and that Country Club Markets has no intentions to hook up this existing structure to the recently • installed - sewer system, consequently it will be torn down in the future. The Council acknowledged receipt of a letter from Northern States Power Company relative to their conversion of existing street lighting to high pressure sodium lamps. It was noted that there will be no cost to the City for such conversion, but that it would be accomplished according to NSP's work schedule. If conversion is desired prior to such schedule, a one-time charge of $20 per light would be assessed to cover the additional cost to NSP. The Council did concur with this program and staff will advise NSP accordingly. Page No. 1891 September 21, 1983 MISCELLANEOUS The Council acknowledged receipt of a communication from the City of Eagan, relative to community review of the proposed horse racing facility. Councilwoman Witt advised that Eagan is notifying neighboring communities as a courtesy. SIGN PERMIT REQUEST, The Council acknowledged a memo from the Code Enforcement 2014 SOUTH LEXINGTON Officer relative to a request for a sign permit for install- ation of a new 17 foot long, 3 foot high sign at 2014 South Lexington, formerly Lyons Pride Convenience Store. The new sign meets Ordinance requirements and minimum setbacks would be met. Ayes: 4 Nays: 0 ORDINANCE AMEND- MENT Ayes: 4 Nays: 0 SIGN PERMIT, 1960 DODD ROAD Mayor Lockwood expressed concern over the possibility of extended overhead lamps to illuminate the sign. There was also some question on whether or not the sign would be internally lighted. After further discussion, Mayor Lockwood moved approval of the requested sign permit being granted to Mr. Kurt Olson, owner of the convenience store, conditioned on the sign installer being licensed by the City and that there be no change in lighting. Councilman Hartmann seconded the motion. The Council acknowledged receipt of a proposed Ordinance amendment, amending Ordinance No. 401, Section 4.17. Staff was directed, at the September 6th:Council meeting, to prepare a proposed amendment. After discussion, Councilman Hartmann moved the adoption of Ordinance No. 200,'AN ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING. ORDINANCE7 . Councilwoman Witt seconded the motion. The City Council discussed a memo from the Code Enforcement Officer relative to a sign and building permit request from Getty Oil, 1960 Dodd Road. The request was for permission to remove the facade covering the three bays, to allow Getty to lease the service bay section of the existing station to Mr. Tony Schackman, who proposes to do minor auto repair within the bay spaces. The sign permit request is to allow installation of a 4 foot by 8 foot sign to be mounted on the face of the mansard roof. Mr. Schackman, who was present for the discussion, stated that no major work would be performed on the site and that no cars would be left on the property for over a 48 hour period. He noted that this information is contained in his lease with Getty Oil. Mayor Lockwood commented on the fine job Getty Oil has done in that location and that there have been no neighborhood complaints about them. Ayes: 4 Nays : 0 SUBURBAN RATE AUTHORITY Page No.1892 September 20, 1983 After a further brief discussion, Councilman Mertensotto moved to issue to Getty Oil, the property owners, a sign permit and an alteration permit pursuant to their application dated September 13, 1983 and discussed September 20, 1983. Councilman Hartmann seconded the motion. Mayor Lockwood then expressed concern over action taken at the September 6th Council meeting relative to approval for a permit to install a canopy over the pump island at that location, and asked the representative from Getty Oil to relay his concern to the construction people. A letter from the Suburban Rate Authority was acknowledged. The letter was the notice of assessment required by the SRA Agreement and Mendota Heights is a member of the group. After a short discussion, Mayor Lockwood moved that the City of Mendota Heights continue its membership in the Suburban Rate Authority and to pay the $490.80 assessment. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 AIRPORT SAFETY ZONE The Council discussed a public hearing on a proposed safety HEARING zoning ordinance of the Mpls.-St. Paul International Airport Zoning Board, which will take place on September 29th, at the Dakota County Library in Eagan. Ayes: 4 Nays: 0 LMC REGIONAL MEETING MISCELLANEOUS MISCELLANEOUS Financial Advisor Shaughnessy advised the Council that he and Councilman Losleben are the City's representatives on the Safety Zoning Board. He noted the different zones involved and their specific requirements for density. After a brief discussion, Councilman Mertensotto moved that at the public hearing Mendota Heights take the position that the State applied safety zone standard not be extended beyond the centerline of S.T.H. 13 as now planned. Councilman Hartmann seconded the motion. Mr. Shaughnessy noted that he will attend the hearing and present the City's position as stated. Councilwoman Witt advised the Council that she will attend the League of Minnesota Cities Regional Meeting on September 29th. City Administrator Johnson advised the Council that the City has applied for two positions through the Dakota Couhty MEED (Mn. Emergency Employment Development) Program. Assistant City Attorney Hart advised the Council on the status of the Krajniak case, noting that Mr. Krajniak will be receiving title to the property on Marie Avenue. He also noted that Mr. Page No. 1893 September 20, 1983 Pat Farrell is the attorney for Mr. Krajniak and that the City Attorney's office had notified Mr. Farrell that if nothing was done on the matter in five days, the City would ask for a declaratory judgement. Mr. Hart also noted that the Fire Relief Association contract had not been submitted to the Insurance Commissioner due to a technical problem with the proposed contract. MENDOTA SEWER The Council acknowledge a memo and proposed resolution regarding SERVICE CONNECTIONS the five service connections to Mendota Heights property owners. Ayes: 4 Nays: 0 KINGSLEY ESTATES Ayes: 4 Nays: 0 RIVERWOOD PLACE ASSESSMENT ROLL Ayes: 4 Nays: 0 After a brief discussion, Councilman Mertensotto moved the adoption of Resolution No. 83-78, "RESOLUTION CONCERNING THE INSTALLATION OF SANITARY SEWER CONNECTIONS TO MENDOTA HEIGHTS PROPERTY OWNERS ALONG SIBLEY MEMORIAL HIGHWAY (S.T.H.13) AS PART OF THE CONSTRUCTION OF SANITARY SEWERS FOR THE CITY OF MENDOTA". Councilwoman Witt seconded the motion. City Engineer Kishel made available plans and specifications for the Kingsley Estates project and asked the Council to approve said plans and specifications. Mayor Lockwood moved the adoption of Resolution No. 83-79, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ORDERING ADVERTISEMENT FOR BIDS FOR PROPOSED SANITARY SEWERS, WATERMAINS, AND STORM SEWER IMPROVEMENTS TO SERVE THE KINGSLEY ESTATES PLANNED UNIT DEVELOPMENT (IMPROVEMENT NO. 83, PROJECT NO. 5)". Councilman Hartmann seconded the motion. Engineer Kishel noted that the bids will be opened on October 17th, and that the tabulation should be considered by the Council on October 18th. The Council acknowledged a memo from City Engineer Kishel relative to a proposed assessment roll for Riverwood Place property, which is being developed in the name of The Diamond Company. After a brief discussion, Councilman Mertensotto moved the adoption of Resolution No. 83-80,-"RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATERMAIN EXTENSION TO SERVE RIVER- WOOD PLACE (IMPROVEMENT NO. 83, PROJECT NO. 2)". Councilwoman Witt seconded the motion. 1983 FINANCING Ayes: 4 Nays: 0 Page No. 1894 September 20, 2983 The Council acknowledged receipt of a memo from Financial Advisor Shaughnessy relative to 1983 financing considerations. Mr. Shaughnessy noted that an $860,000 permanent improvement bond should be requested prior to the end of the year and that a $1,000,000 tax increment district bond should fund all forseeable projects. After further discussion, Mayor Lockwood moved that the $860,000 permanent improvement bond and the $1,000,000 Tax Increment District bond be set up for approval at a future Council date. Councilman Hartmann seconded the motion. FIRE STATION The subject of the future fire station was discussed, including DISCUSSION the matter of what should be included in the cost. There was also discussion on whether or not to pursue the idea of purchasing 250 feet of Perkegwin property and if the owners were interested, what the cost might be. Councilwoman Witt noted that she would contact City Attorney Winthrop to see if his partners might be interested in this proposal. Ayes: 4 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 4 Nays: 0 ATTEST: After a lengthy discussion involving fire department input in the original study in 1980, and the thought that 8,800 square feet should be sufficient building size, the Council expressed surprise that the proposed building should now become 12,000 square feet. After further discussion, Councilman Mertensotto moved to set the maximum project cost at $825,000, which is to include construction costs, land costs, all professional fee costa and all building equipment and furnishings. Councilman Hartmann seconded the motion. The Councilmembers discussed results of their background checking for the proposed new City Administrator, Kevin Frazell. They noted favorable responses to their investigative questions. After a brief discussion, City Administrator Johnson was directed to prepare a contract for Mr. Frazell to review and respond to. There being no further.business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:53 o'clock P.M. Robert G. Lockwood, Mayor 4/1L;y aekt,pioac4A.Iaa- Mary 6tin DeLaRosa Deputy Clerk