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1983-11-01 Council minutesPage No. 1913 November 1, 1983 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 1, 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 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Hartmann, Mertensotto and Witt. Councilman Losleben had notified the Council that he would be late. PERSONNEL Mayor Lockwood introduced Mr. Kevin Frazell to the audience, and informed the audience that Mr. Frazell has been appointed to serve as City Administrator when Administrator Johnson retires and will act as an administrator-designee in the interim. APPROVAL OF Councilman Hartmann moved approval of the minutes of the MINUTES August 23rd adjourned meeting. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR Councilwoman Witt moved approval of the Minutes of the October 18th meeting with corrections. Mayor Lockwood seconded the motion. Councilwoman Witt moved approval of the consent calendar as submitted fok approval as part of the regular agenda, excepting item a from the calendar, along with authorization for execution of all necessary documents contained therein. 1. Acknowledgement of the minutes of the October llth Park and Recreation Commission meeting. 2. Acknowledgement of the minutes of the Octthber 25th Planning Commission meeting. 3. Acknowledgement of the Code Enforcement monthly report for October. 4. Adoption of Resolution No. 83-94, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT, 1983 SEAL COATING," awarding final payment of $29,551.10 to Bituminous Roadways, Inc. 5. Approval of the List of Claims dated November 1, 1983 and totalling $114,834.84. Ayes: 4 Nays: 0 BID OPENINGS HEARING -- CASE NO. 83-33, RILEY Page 1914 November 1, 1983 6. Approval of the list of licenses, granting contractor licenses to the following: William Murr Plumbing, Inc. Palmer Service Electric Sussel Corporation Twin City Plastering, Inc. Woodbury Mechanical, Inc. Zytec Construction Excavating License Gas Piping License General Contractor License Plastering/Stucco License Excavating License General Contractor License Councilman Hartmann seconded the motion. Financial Advisor Shaughnessy opened bids received for the sale of $860,000 General Obligation Improvement Bonds. Bids received were as follows: Cronin & Marcotte Co., Inc bid $495,473.75 for a net interest rate of 8.355%; Piper, Jaffray & Hopwood Inc. bid $513,118.33 for a net interest rate of 8.652%; First National Bank of St. Paul bid $499,890, for a net interest rate of 8.429%; Norwest Bank bid $524,849.70 for a net interest rate of 8.850%. Financial Advisor Shaughnessy opened bids received for the sale of $1,000,000 Tax Increment District Bonds. Bids received were as follows: Piper, Jaffray & Hopwood, Inc. bid $505,011.50, for a net interest rate of 8.211%; Cronin & Marcotte Co., Inc. bid $486,818.75 for a net interest rate of 7.915%; Norwest Bank bid $517,446.00, for a net interest rate of 8.4137; First National Bank of St. Paul bid $485,100.00, for a net interest rate of 7.887%. Award of the bids was deferred to later in the meeting to allow verification of the bid amounts and interest. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from James Riley for Conditional Use Permit for a Planned Unit Development, along with consideration of a request for a variance from the density requirement. Mr. Riley, present for the discussion, reviewed proposed layout plans and concept drawings for the Lexington Heights Apartment Complex proposed to be located on Lexington Avenue at Wagon Wheel Trail. Mr. Riley reviewed proposed layouts for both a three building complex consisting of 189 units and recreational amenities which complies with the City's density requirements and a three-building, 225 unit complex which exceeds density requirements. He stated that the density for the 225 unit complex is 12.4 units per acre while the density for the 189 unit proposal is 10.4 units per acre. Mr. Riley stated that Mn/DOT condemned 7.71 acres of the original site for freeway purposes last year and that had the condemnation not occured he could have constructed 262 units on the site. Be pointed out that both plans conform to setback requirements but felt that placement of the structures on the higher density plan is more aesthetically pleasing. Mr. Riley stated that the structures will be wood frame construction over masonry garages and also reviewed parking provisions. Page No. 1915 November 1, 1 983 In response to Council questions regarding the Fire Marshal's concern over turning radii, Mr. Riley stated that he has discussed the matter with Fire Marshal Lange and has agreed to change the radii. The Council expressed concern over management and control of surface water from the site, particularly with regard to potential impact on the Resurrection Cemetery property. Mr. Riley indicated that he will agree to whatever drainage details that can be worked out between the City's engineering staff and his engineers. Mayor Lockwood asked for questions and comments from the audience. Mr. Keith Wehrman, representing Catholic Cemeteries, stated that he is concerned about changes in run-off characteristics which might result from development of the site. He stated that a detention pond with a metered outlet to Lake Augusta currently collects the runoff from the cemetery property. He was particularly concerned that the rate of runoff might increase as the result of the development and sedimentation in the pond. He asked that special care be given to sedimentation control, especially during construction. Councilman Mertensotto suggested that any costs for off-site drainage improvements which may occur as the result of the development be assessed against the Riley property. Public Works Director Danielson suggested that drainage details can be incorporated into the Developer's Agreement. In response to a question from Councilman Mertensotto regard- ing provisions for handicapped, particularly adequacy of elevator size for handicapped persons or emergency medical equipment such as stretchers, Mr. Riley stated that he will verify adequacy of size and address those concerns. Councilman Losleben arrived at 8:20 o'clock P.M. Financial Advisor Shaughnessy stated that the matter of increasing density came up about a week before the original hearing on the housing plan amendment and mortgage revenue bond issuance. The published notice addressed a project consisting of 189 units and $10.5 million in financing. He asked whether the proposed increase in units and a potential $500,000 increase in project costs will require a new hearing and plan amendment. Mr. Jerry Hertel, from Juran and Moody, responded that he has had a previous experience with a similar situation where no additional hearing was required by the State or by the Metro- politan Council. He stated that while he does not believe re-hearing will be required, he will get an attorneys opinion on the matter. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 AIRPORT BUSINESS PLAZA Page No. 1916 November 1, 1983 There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed at 8:17 P.M. Councilman Hartmann seconded the motion. Councilman Mertensotto moved approval of a variance from the R-3 density requirement for the proposed Lexington Heights Apartment complex to allow construction of 225 apartment units in three 75 unit buildings. Councilwoman Witt seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 83-95, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR LEX- INGTON HEIGHTS APARTMENT PLANNED UNIT DEVELOPMENT," conditioned upon resolution of drainage, turn-around radii and other concerns addressed in staff reports. Mayor Lockwood seconded the motion. It was the concensus of the Council that staff be authorized to establish a hearing date and public notice thereof should a new hearing be required on the housing plan amendment and mortgage revenue financing. Mr. John Pope, of Pope Associates, and Mr. Charlie Rattloff, of M & K Properties, were present to request approval of the issuance of a building permit for the proposed Airport Bus- iness Plaza. The Council noted that in his memo responding to the permit request, the Code Enforcement Officer expressed the following concerns: 1. That access to the Cray Research facility is not restricted during connection of the Airport Business Plaza site to the storm sewer. 2. That an eccentric cone be installed on manhole No. 1. 3. That the width of the access drive be reduced to a max- imum of 25 feet to conform to Ordinance requirements. Mr. Pope stated that the developer has agreed to all of the adjustments suggested by the Code Enforcement Officer. Public Works Director Danielson responded to a question from Councilman Mertensotto regarding the sign setback. Mayor Lockwood asked Mr. Rattloff to consider changing the name of the facility. After discussion, Councilman Losleben moved approval of the issuance of a building permit, including the sign setback as shown in the drawings, for construction of the Airport Business Plaza subject to the conditions suggested in the Code Enforce- Ayes: 5 Nays: 0 MENDOTA HEIGHTS BUSINESS CENTER Ayes: 5 Nays: 0 SOMERSET COUNTRY CLUB Ayes: 5 Nays: 0 PARK COMMISSION Page No. 1917 November 1, 1983 merit Officer's memo, dated October 26, 1983, and the color scheme approved by the Council on October 18, 1983. Councilwoman Witt seconded the motion. Mr. Marc .Cella was present to request the approval of a found- ation and grading permit for Phase III of the Mendota Heights Business Center. Councilman Hartmann moved approval of the issuance of found- ation and grading permits for Mendota Heights Business Center, Phase III. Mayor Lockwood seconded the motion. Mr. Jerry Murphy was present to request approval of a building permit to remodel the Somerset Country Club maintenance garage. He indicated that the remodeling consists of enlarging two overhead doors to 10 feet by 10 feet and 10 feet by 8 feet along with raising of the roof. Mayor Lockwood moved approval of the issuance of a permit for the remodeling of the Somerset Country Club maintenance garage. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a letter from Park Commission Chairman Tom Bayless, wherein Chairman Bayless submitted his resignation from the Park Commission. Mayor Lockwood moved that Mr. Bayless' resignation from the Park Commission be accepted with regret and that staff be directed to prepare a letter of commendation for Mr. Bayless foi^ his several years of dedication and service to the City. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT The Council acknowledged receipt of a letter from the Volunteer Fire Department regarding the election of officers for 1984. ORDINANCE AMEND- Mayor Lockwood moved the adoption of Ordinance No. 201, "AN MENTS ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE", reducing the required width of parking spaces from 10 feet to nine feet. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Ordinance No. 202, "AN ORDINANCE AMENDING ORDINANCE NO. 503", reducing the rear yard setback for swimming pools from 30 feet to 10 feet. Councilwoman Witt seconded the motion. RETIREMENT PLAN Ayes: 5 Nays: 0 Page No. 1918 November 1, 1983 Administrator Johnson distributed a proposed resolution to adopt the International City Management Association deferred compensation plan. Mr. Johnson briefly explained the plan and, in response to a Council question, indicated that all City employees can participate in the plan, however only Administrator Designee Frazell can be excluded from PERA. Councilman Mertensotto moved the adoption of Resolution No. 83-96,"RESOLUTION ADOPTING "CITY OF MENDOTA HEIGHTS/ICMA DEFERR- ED COMPENSATION PLAN". Councilman Losleben seconded the motion. COUNTY ROAD Administrator Johnson informed the Council that he recently TURNBACKS received information from Dakota County regarding the turnback of two County roads, Wagon Wheel Trail and Victoria Road, to the City. He stated that a memo from County Highway Engineer Bob Sandeen to the County Board on October 25th, suggested that the Board adopt a staff recommendation which listed Wagon Wheel Trail and Victoria Road, at .09 miles rather than the actual 1.5 miles, for turnback. Using Mr. Sandeen's figures, the anticipated annual savings to the County is $4,750 per mile, which would result in an annual City obligation of $11,875, if the turnbacks are accomplished. He suggested that while the turnback theory is good, there should be some trade-off between agencies and not simply a transfer of expenses. He pointed out that three recommendations made by the Dakota County Transportation Policy Advisory Group have been ignored by the County Board. He recommended that the Council direct staff to attend the Decem- ber 6th County Board meeting to advise the Board that the Council would reluctantly go along with the turnbacks if the County agrees to its obligations and adopts the following recommendations of the Policy Advisory Group: Ayes: 5 Nays: 0 LABOR NEGOTIATIONS Additional lighting of County road intersections; installation and maintenance of traffic signals at County roads; and storm sewer provision in a manner typical of the State Aid formula. Public Works Director Danielson pointed out that one step in the turnback process is County upgrading, including overlaying, of the roads before turnback to the City. Councilman Losleben moved that staff be authorized and directed to attend the County Board meeting and to voice the Council's objections to the turnback proposal and to the lack of inple- mentation of the Policy Advisory Group's recommendations. Councilman Hartmann seconded the motion. On the recommendation of City Administrator Johnson, the Council gave concensus approval to continue utilizing the services of St. Paul Employers Association for labor negotiations. ) BOND SALE Ayes: 5 Nays: 0 Page No. 1919 November 1, 1983 Financial Advisor Shaughnessy informed the Council that he had completed his verification of the bond bids opened earlier in the evening and that all figures were correct. He recommended award of the bid for the sale of $1,000,000 Tax Increment Bonds to the low bidder, the First National Bank of St. Paul for their low bid of $485,100, at a net interest rate of 7.887%, and the $860,000 General Obligation Improvement bonds to the low bidder, Cronin and Marcotte Co., for their bid of $495,473.75 at a net rate of 8.355%. Councilman Losleben moved the adoption of Resolution No. 83-97, "RESOLUTION ACCEPTING BID ON SALE OF $1,000,000 GENERAL OBLIG- ATION TAX INCREMENT BONDS OF 1983 AND PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS FROM TAX INCREMENT FINANCING REDEVELOP- MENT DISTRICTS A, B & Cu, awarding the bid to the First National Bank of St. Paul. Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 83-98, "RESOLUTION ACCEPTING BID ON SALE OF $860,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1983 PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF", awarding the bid to Cronin and Marcotte Company. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MAC PROPERTY Councilman Mertensotto reported on a recent meeting of the Joint Committee on disposition of the MAC property. MISCELLANEOUS Councilwoman Witt reported on a recent meeting on subsidikation of the Divine Redeemer Ambulance service. Councilman Losleben read a letter he had received from Mr. Bernard Friel regarding the safety hazards at the intersection of TH 110 and I-35E and TH 149 and TH 110. Councilman Losleben also asked about the status of the Eide Estates tax delinquency. LEGAL MATTERS Assistant City Attorney Hart informed the Council that the Krajniak attorney has not responded to any contact from the City's counsel, therefore Mr. Hart's office has set in motion for default judgement on November 10th. He also informed the Council that the judge in the Freischel assessment appeal ruled in favor of the City. PERSONNEL On the recommendation of the Public Works Director and Public Works Supervisor, Mayor Lockwood moved that Terry Blum be given permanent status as Parks Department Leadperson effective on November 28th. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page No. 1920 November 1, 1983 UTILITY FUND City Treasurer Shaughnessy reviewed the proposed 1984 Utility BUDGET Fund Budget along with his memo regarding sewer use charges. He expressed concern over the potential for a significant MWCC billing increase in 1985. As part of the discussion, Mr. Shaughnessy recommended that the minimum rate be increased by $1.00 per quarter for 1984, with a comparable percentage increase (approximately 5%) in volume rates to begin to hedge against a potential need for as much as a 30% increase in 1985. The Council directed staff to prepare a draft resOlution to address the recommended rate increase. The Council also directed staff to determine whether interest can be charged against delinquent sewer accounts. ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:09 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Robert G. Lockwocid MaYOr