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1983-10-04 Council minutesPage No. 1897 October 4, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 4, 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 7:32 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Mertensotto, Losleben, and Witt. COMMENDATION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Mr. Kenneth Piotraschke, 644 First Avenue, was present to receive a commendation from Mayor Lockwood for over 16 years of service with the Mendota Heights Volunteer Police Reserves. After expressing their appreciation to Mr. Piotraschke, herwas presented with a a Certificate of Appreciation and Resolution. Sgt. Wicks also pre- sented him with an Appreciation Plaque. Councilman Mertensotto moved.the adoption of Resolution No.83-81, "RESOLUTION COMMENDING KENNETH PIOTRASCHKE FOR OUTSTANDING VOLUNTEER SERVICE!. Councilwoman Witt seconded the motion. Councilman Hartmann moved approval of the minutes of the September 20th meeting, with correction. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Losleben Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Lockwood moved approval of the minutes of the September 28th Special meeting. Councilman Losleben seconded the motion. Councilman Hartmann moved approval of the consent_calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. 1. Acknowledgement of the Planning Commission Minutes from September 27th. 2. Acknowledgement of the Code Enforcement Officer Monthly Report for September. 3. Acknowledgement of the NDC-4Minutes from September 21st. 4. Approval of the List of Claim,dated October 4, 1983, and totaling $81,877.75. Ayes: 5 Nays: 0 MISCELLANEOUS VALLEY VIEW OAK HEARING Page No. 1898 October 4, 1983 5. Approval of the List of Licenses, granting licenses to: B & A Builders Bade Construction, Inc. Blizek & Oberg, Inc. Conway Construction, Inc. Lake Elmo Heating & Air Condt. Lake Elmo Heating & Air Condt. Mr. Roofing Zanmiller's Sheet Metal Zanmiller's Sheet Metal Councilman Losleben seconded the motion. General Contractor General Contractor General Contractor General Contractor Heating & A/C License Gas Piping Roofing License Heating & A/C License Gas Piping Mayor Lockwood then read a letter from Mr. Wayne Murphy, Mn/DOT District Engineer, who expressed his appreciation to Administrator Johnson and Public Works Director Danielson for their fine cooperation in conjunction with the new Mn/DOT Maintenance Facility. The scheduled hearing for Valley View Oak, 2nd Addition, was post- poned until later in the meeting, to enable Mendota residents a chance to hear the discussion. HEARING - HOUSING Mayor Lockwood called the meeting to order for the purpose of a public AMENDMENT hearing to consider a proposed amendment to the City's Housing Plan, under Minnesota Statutes, Chapter 462C, including a Program to finance a multifamily housing development. City Administrator Johnson explained the purpose of the public hearing noting that the hearing was to consider a housing plan for the City of Mendota Heights and also to consider a bonding plan for a proposed 189 unit rental complex, owned by Mr. Jim Riley, of Condor Corporation, which is to be located on Lexington Avenue, south of Wagon Wheel Trail and north of Mendota Heights Road. Administrator Johnson stated that the housing plan was adopted in October of 1982, and that the bond plan for financing by the Minnesota Housing Finance Agency is also to be considered. He noted that Condor Corporation is asking that financing be prepared by the MHFA. Mr. James Riley was present, along with Mr. Jerry Hertel, from Juran and Moody, to discuss their proposed housing plan and answer any questions. Mr. Riley noted that his proposal calls for three 63 unit apartment buildings which will meet all setbacks. He asked for authorization of. an $11,000,000 bonding program and asked for concept approval of the revenue bonds financing. Mr. Riley added that 90 units are to be one bedroom units, 63 are interior two bedroom units and that 35 units will be two bedroom exterior units. There was some discussion on what the rental rates would be and Mr. Riley responded by saying that 20% of the units can not exceed a factor based on the income in the metropolitan area, which could either go up or down. The interest rate would probably be 91/4% to 91/2%, because of FHA insurance and a commercial insurance policy. He stated that they would not be under any time constraint to have the bonds issued yet this year, as there still is approval to be Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 1899 October 4, 1983 received from the Metropolitan Council. Financial Advisor Shaughnessy noted that the proposed resolution calls for approving $10.5 million in financing, not $11 million as stated by Mr. Riley, but that this matter could be taken care of later, if necessary. Mayor Lockwood asked for questions and comments from the audience. Fireman Marc Connolly asked about driveway access to the first unit and how wide it was, and if it could accommodate emergency vehicles. There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:06 P.M. Councilwoman Witt seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 83-82, "RESOLUTION ADOPTING AN AMENDMENT TO THE HOUSING PLAN OF THE CITY OF MENDOTA HEIGHTS INCLUDING A PROGRAM FOR THE ISSUANCE OF MULTIFAMILY MORTGAGE REVENUE BONDS AND AUTHORIZING SUBMISSION OF SAME TO THE METROPOLITAN COUNCIL AND THE MINNESOTA HOUSING FINANCE AGENCY". Councilman Hartmann seconded the motion. Councilman Losleben expressed concern that this approval would affect the entire City or would it apply solely to this project. Financial Advisor Shaughnessy advised that this would apply just to this project and was not blanket approval to the housing plan for the entire City. HEARING, CASE 83-29, Mayor Lockwood opened the meeting for the purpose of a public hearing MILBERY, WETLANDS on an application from Mr. Kevin Milbery, for a wetlands permit for PERMIT 1000 Oxford Court. Mr. Milbery was present to explain his request to place fill on the rear portion of Lot 19, Block 3, Rolling Green Addition. He noted that he had moved into the new home in mid-June, 1983, and had been placing fill on his lot to allow for future land- scaping, when it had been noticed and he was told to cease his filling until he obtained the required wetlands permit from the City. He advised that he had placed about 850 cubic yards of fill on his lot and that it was possible that a small retaining wall might be necess- ary for a 25 to 30 foot area in the rear yard. Mr. Milbery distri- buted copies of his proposed landscape elevation plan, along with a written statement that he will spread hay or straw to prevent the washing away or erosion of soil. Ayes: 5 Nays: 0 Councilman Mertensotto expressed concern that the City's easement be protected and that the City will not be held liable for any damages to the adjacent neighbors because the Council may grant the requested wetlands permit. Mr. Milbery stated that he will assume that responsibility if any damages are incurred by his adjacent neighbors. There being no questions or comments from the audience, Councilman Losleben moved that the hearing be closed at 8:34 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 MENDOTA MATTERS Page No. 1900 October 4, 1983 After further discussion, Councilman Losleben moved to grant approval of the wetlands permit, conditioned on the removal of fill from the City's easement and upon strict adherence of the grading plan and that his erosion control plan be approved by staff. Councilwoman Witt seconded the motion. Acting Mendota Mayor Lorena Atkins was present to request discussion of several mattem,of importance to the City of Mendota. Her three items of discussion were: 1. Mendota Heights request for connection to the Mendota sewer system; 1 2. Possible arrangements for Mendota sewer billing services; 3. Future plans for storm water run-off and establishing watershed districts. Ayes: 5 Nays: 0 Public Works Director Danielson noted in his memo to the Council recommending continuation of the public hearing for Valley View Oak, 2nd Addition, that these matters of concern to Mendota were addressed in his draft Joint Powers Agreement. Mr. Lawrence Culligan was present for the discussion, as applicant for the Valley View Oak, 2nd Addition subdivision, and stated that he agrees to withhold development of this subdivision on the part that would affect water runoff into Mendota, but he expressed concern about not being precluded from development, if Mn/DOT's timetable extends beyond 1986. After some discussion regarding items in the Draft Joint Powers Agreement, Councilman Mertensotto moved that the proposed Joint Powers Agreement presented at the meeting expressed the intent of the City of Mendota Heights for negotiation purposes between Mendota Heights and Mendota. Councilman Losleben seconded the motion. Ms. Atkins noted that she will bring this topic up at Mendota's City Council meeting on October llth. Councilman Hartmann moved to continue the public hearing on Valley View Oak 2nd Addition to January 17, 1984. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 HALLOWEEN BONFIRE The Council acknowledged receipt of a request from Mr. Russ Wahl for a $250 expenditure to pay for expenses for the annual Halloween Bonfire to be held on October 31st. Councilman Losleben moved to authorize $250 to be spent for bonfire expenses.for pop and hot dogsfor the annual Halloween Bonfire. Councilman Hartmann seconded the motion. Ayes : 5 Nays : 0 MISCELLANEOUS EAGAN RACE TRACK FACILITY Ayes : 5 Nays: 0 MISCELLANEOUS Page No. 1901 October A, 19.83 The Council briefly discussed a letter from Mr. John Crouch, who represents Country Club Market, Inc. in connection with questions and issues with respect to the effect that the adoption of the proposed Airport Safety Zoning Ordinance would have on Country Club premises, located at 1460 Sibley Memorial Highway. The matter was referred to the City Attorney's office for study. The Council acknowledged receipt of an Environmental Assessment Worksheet for the Minnesota Jockey Club site development proposal in Eagan. After a brief discussion, Councilman Losleben moved that the City of Eagan be asked to submit an Environmental Impact Statement regarding the Minnesota Jockey Club proposal. Councilman Mertensotto seconded the motion. Mr. Don Mosher, Projects Director, representing Senator Rudy Boschwitz's office, was present to answer questions or listen to concerns from the Council members or general public. He reported on the status of the Federal Revenue Sharing matter, noting that $4.6 billion was approved by the Senate. He asked if there was any concern that he could take back to Washington for Senator Boschwitz. After a brief discussion on the possible formation of a Water Management Organization and a question on storm and farm land runoff, Mayor Lockwood thanked Mr. Mosher for his attendance. Mayor Lockwood also acknowledged Representative Art Seaberg and Representative Bert McKasy, who were seated in the audience. UNITED PROPERTIES, Mr.Marc Cella, from United Properties, was present to request a SIGN PERMIT REQUEST sign permit to allow installation of a sign monument to be installed on the northeast corner of 1-494 and Pilot Knob Road. The proposed monument is to be located 45 feet from the property line adjacent to 1-494 and set back 40 feet from the property line adjacent to Pilot Knob Road. The monument is the same type as the Council approved on April 15, 1983. Mayor Lockwood moved to grant approval of the sign permit as requested Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MN/DOT, SIGN PERMIT REQUEST Mr. Robert Kruger from Mn/DOT was present to request approval of a sign permit for the new Mn/DOT Maintenance Facility, located at 2229 Pilot Knob Road. The four foot by eight foot ground sign is proposed to be located 20 feet from Mn/DOT's westerly property line, adjacent to Pilot Knob Road and 100 feet from their southerly lot line. The Council expressed concern over possible sight obstructions with the sign set back only 20 feet from the property line on Pilot Knob Road, especially if landscaping was added to the area around the sign. Page No. 1902 October 4, 1983 Councilmember Losleben felt that perhaps the City's Ordinance requirements need to be amended, in respect to sign setbacks and landscaping around sign bases. After further discussion the matter was tabled until October 18th, with Councilmember Hartmann to meet with Mn/DOT's Traffic Engineer to view the site and to report back at the next Council meeting on the siting for the Mn/DOT sign. ( CASE #83-32, Mr. Michael Kinney, architect from Pope Architects, was present to M & K PROPERTIES, request a parking stall width variance for the Airport Business VARIANCE Plaza, which is to be located on the southwest corner of Northland Drive and Pilot Knob Road. Mr. Kinney noted that the single story, 84,500 square foot structure will be 40% office and 60% warehouse. The offices will be located on the perimeter of the building, with warehouses on the inner ring of the circular type building. There will be 216 parking stalls, with handicapped parking spaces on all four sides of the building. He pointed out that grading is a serious problem on the site. Mr. Kinney displayed grading, landscaping and utility plans for the Council. He noted that no retail is intended for this site. Mr. Kinney showed a section of the proposed roofing material for the Council to see. The dull blue material was a matter of much concern for the Council, as they felt it would not blend in with the roof lines of existing buildings in the Industrial Park. The Council tried to encourage Mr. Kinney to consider an alternate color for his roof material. He did have an alternate color in mind, that being a sierra sand, a neutral color for the roof, however with that color for the roof, the lap siding material would be a reddish- burgandy color. Councilman Hartmann suggested that Mr. Kinney try to harmonize with the existing buildings, not contrast with them. Mayor Lockwood felt that the density for this site was too low, and that perhaps a two or three story building might be more appropriate for the site. The possibility of a special Council meeting to further consider the matter was talked of and then dismissed as not being necessary. Mayor Lockwood stated that he had no problem with the nine foot wide parking stall variance and that there should be no problem ( ) with a 20 foot sign setback variance. Mayor Lockwood moved approval of the building concept plan, the site plan, landscape plan, grading plan, the one foot variance for parking stall width and a 20 foot setback variance for a sign for M & K properties, as requested, conditioned upon exemption from approving the building color scheme, and that the color scheme should be resolved before a building permit is issued. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 2, Mertensotto, Hartmann FIRE STATION DISCUSSION Ayes : 5 Nays : 0 Page No. 1903 October A, 19E3 City Administrator Johnson advised the Council of his letter to Chief Noack and to Trossen-Wright Architects, wherein he advised them of the $825,000 maximum cost for the new station. He noted that he and Chief Noack are working closely with the architect and that Mr. Warnke is prepared to do something with the City regarding his home site. Final details need to be worked out yet. Chief Noack noted that there are several placement possibilities regarding the station siting, and that Mr. Warnke's shed and garage do not affect the placement to that great of an extent. He felt that the station placement could be worked around the buildings or that they could be moved to another location on Mr. Warnke's property. After further discussion, Councilman Losleben moved to direct City Administrator Johnson to prepare a Life Estate Agreement for Mr. Herb Warnke and to negotiate the purchase of 125 feet of Perkeg- win property for $27,500. Mayor Lockwood seconded the motion. Chief Noack invited the Council and staff to join the Fire Department on Saturday, October 8th, at 9:00 A.M. for a Dakota County Drill. The Drill will be held at the R.L. Johnson Warehouse on Transport Drive. IMPROVEMENT BONDS Financial Advisor Shaughnessy requested Council approval to advertise for bids for the sale of $860,000 General Obligation Improvement Bonds and $1,000,000 General Obligation Tax Increment Bonds to be awarded on November 1, 1983. Mayor Lockwood moved the adoption of Resolution No. 83-83, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $860,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1983". Councilman Hartmann seconded the motion. Ayes : 5 Nays : 0 Councilman Mertensotto moved the adoption of Resolution No. 83-84, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983". Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged a memo from the City Clerk relative to her recent leave of absence. LEW Financial Advisor Shaughnessy advised the Council that the total tax levy of $1,145,440, is $19,000 less than was originally proposed two weeks ago. $11,800 is the difference in anticipated aid and an additional $7,000 is in anticipation of the state legislature appropriating enough money to fund the formula at 100%. This will result in a mill increase of just over 2 mills, or 16%. Councilman Hartmann moved the adoption of Resolution No. 83-85, "RESOLUTION APPROVING 1983 LEVY COLLECTIBLE IN 1984". Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 SALARY CONSIDERATIONS Page No. 1904 October 4, 1983 The Council acknowledged a memo from the City Administrator on 1983 salary adjustments and also a Handout memo from the City Clerk on a revised job description for the Administrative Secretary. Administrator Johnson noted that his memo concerned recommendations for the three persons that initiated the study, in addition to two persons in the Engineering Department. He stated that his proposed increases for the Police Clerk and Administrative Secretary would amount to $2,673 over the 1983 budget, based on retroactive increases to July 1, 1983. For the three persons in the Engineering Depart- ment, the increases would amount to $2,807 over the 1983 budget. He added that he did not consider his research in-depth at all, and that the matter needed considerably more study. He added that he felt his figures were entirely justified, but that there is still a bigger job, by far, left to do. Councilman Losleben thanked Administrator Johnson for his recomm- endations and Councilwoman Witt noted that the employees were good employees and amend g should be made to keep them. Mayor Lockwood noted that the discussion would be limited to the five positions noted in the Administrator's memo. Councilman Mertensotto asked what percentage increases these employees had received going into 1983. Administrator Johnson noted that the percentages ranged from 5.5% to 6.78%. Councilman Mertensotto felt that all employees should be treated equally and that increases should not be considered for just the five noted in the Administrator's memo. Mayor Lockwood stated that he was not in favor of so large an increase at the present time. He would favor a much more modest increase than what had been proposed. Councilman Losleben stated that he had no reservations about implementing the Administrator's recommendations. Administrator Johnson recommended that the Police Clerk and Engin- eering Clerk be reclassified from Job #42 to Job #46 in the Stanton Survey, and that their pay be $1,226 per month, effective July 1, 1983. He also recommended that the Administrative Secretary be paid $1,491 per month, effective July 1, 1983. He advised the Council that at his request, Public Works Director Danielson had prepared recommendations for the Engineering Aide III and Engineer- ing Aide IV. These recommendations were for $1,754 as step one for Engineering Aide III and $2,181 per month as a final salary at step six for Engineering Aide IV. After a lengthy discussion, Mayor Lockwood suggested that the two persons in Job #46 be paid $1,220 per month, effective October 1, 1983, that Job #48 pay $1,435 per month, effective October 1, 1983, and that the salary for Engineering Aide III be $1,700 per month and for Engineering Aide IV, $2,100 per month, both to be effective October 1, 1983. Page No. 1905 October 4, 1983 Police Chief Delmont, who was present in the audience stated that the idea of cutting the recommended salary figures down now became a matter of pride for the employees. He felt that if any rounding off of figures was necessary, that they should be rounded upward, not rounded off downward. Councilman Losleben moved to accept the City Administrator's recom- mendations, with pay increases retroactive to July 1, 1983, for the five positions noted in the memo. Councilwoman Witt seconded the motion. City Administrator Johnson told the Council that this matter had to surface sooner or later, and that if he had been more firm in his recommendations, salaries would not have been so far out of line. He noted that his salary recommendations were not equivalent to the highest level of the Stanton Survey, but that the highest salaries recommended were still in fact only the average of the Stanton Survey. It was his feeling that the City could afford these increases without adverse effect. Ayes: 2 Nays: 3, Lockwood, Hartmann, Mertensotto Mayor Lockwood noted that since the first motion did not pass, he wished to try another. Mayor Lockwood moved that the salaries for Police Secretary and Engin- eering Secretary be set at $1,230 per month; for the Administrative Secretary at $1,500 per month; for Engineering Aide III at $1,755 per month; and for Engineering Aide IV at $2,180 per month, all to be retroactive to July 1, 1983. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 1, Mertensotto LETTER OF RESIGNATION Ayes: 5 Nays: 0 CITY ADMINISTRA- TOR APPOINTMENT Ayes: 5 Nays: 0 EMPLOYMENT CONDITIONS The Council acknowledged a letter of resignation from City Adminis- trator Johnson to be effective March 10, 1984. Councilwoman Witt moved to accept the letter of resignation. Councilman Hartmann seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 83-86, "RESOLUTION APPOINTING KEVIN D. FRA2ELL AS CITY ADMINISTRATOR", such appointment to be effective October 31, 1983. Councilman Hartmann seconded the motion. The Council acknowledged a proposed resolution and conditions of an Employment Agreement for Kevin Frazell. After discussion, Councilman Hartmann moved adoption of Resolution No. 83-87, "RESOLUTION APPROVING KEVIN D. FRAZELL'S EMPLOYMENT Page No. 1906 October 4, 1983 AGREEMENT AND DIRECTING THE MAYOR AND CLERK TO EXECUTE SUCH AGREE- MENT". Mayor Lockwood seconded the motion. Ayes: 4 Nays: 1, Mertensotto MISCELLANEOUS MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 The Council acknowledged receipt of a memo from Planner Dahlgren relative to the procedure for review of Downtown Mendota Heights plans. Several thoughts were expressed by the Council, including setting up a joint Planning Commission/City Council meeting to deal with public meetings; keeping Mn/DOT informed of the City's thoughts on upgrading TH 149 and keeping Mn/DOT involved; asking Planner Dahlgren to appear before the Council with his plan of strategy; and moving ahead with the project, while waiting for the Planner's report. City Administrator Johnson noted the reference in the September 27 Planning Commission minutes, wherein the Commission requested Ordinance amendments pertaining tb several sections in the Ordinance. After a brief discussion, staff was directed to prepare Ordinance amendments for Planning Commission review regarding sign setbacks, parking stall widths, setbacks for swimming pools, sideyard setbacks for accessory structures, etc. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:27 o'clock A.M. Mar Ann DeLaRosa Deputy Clerk ATTEST: /UQkt efo-.4„L Robert G. Lockwood Mayor