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1984-08-21 Council minutesPage No. 2085 August 21, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 21, 1984 ( ) 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, Council Members Blesener, Hartmann, Mertensotto and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilman Mertensotto seconded the motion. Councilwoman Witt moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Treasurer's report for July. b • Acknowledgement of a letter from Mn/DOT regarding evaluation of bikeway grant applications for three City bikeway projects. c. Acknowledgement of the 1984 infiltration/inflow and sani- tary sewer sealing program summary. d. Adoption of Resolution No. 84-47, "RESOLUTION LISTING 1984 PRIMARY ELECTION JUDGES." e. Acknowledgement of a memo on the County Road turnback program. f. Acknowledgement of a synopsis of progress on construction of the new fire station. g. Approval of the list of claims dated August 21, 1984 and totalling $170,028.12. h. Approval of the list of contractor licenses, granting Ayes: 5 Nays: 0 CONDON DRAINAGE QUEHL DRAINAGE Attracta Sign, Inc. John Beissel, Inc. General Masonry and Concrete, Inc. Hardy Brothers Construction Kurth Construction, Inc. Marich Construction Company W.V. Nelson Construction Northern Sun Construction Richfield Equipment Company Suburban Heating Company Suburban Heating Company Richgels Brothers Construction Page No.2086 August 21, 1984 Sign Erecting License General Contractor License Masonry License General Contractor License General Contractor License General Contractor License Masonry License General Contractor License Excavating License Gas Piping License Heating & Air Cond.License General Contractor License i. Approval of the issuance of Club Liquor licenses to Mendakota Country Club and Somerset Country Club. j. Acknowledgement of a notice of the League of Minnesota Cities Regional meeting to be held on September 26th. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from the Public Works Director regarding drainage problems at 2525 Dodd Road (Tom Condon property). Public Works Director Danielson stated that Mn/DOT has lowered the design elevation on the cul-de-sac and that Johnson Brothers Construction will start construction on the cul-de-sac this week in an attempt to alleviate the drainage problems. In response to a question from Councilman Mertensotto, Mr. Danielson stated that Mn/DOT will turn the cul-de-sac over to the City next year and recommended that it only be accepted on the basis that Mn/DOT will correct any problems which may arise prior to its acceptance. The Council acknowledged a memo from the Public Works Director regarding a complaint over drainage problems at 1968 South Lane (Quehl property). In the memo it was recommended that a minor amount of filling or grading be done in the depression along the flow line and indicated that periodic maintenance by either the City or the landowners would be required after the work is done. He indicated that basically all of the work could be accomplished within the City's right-of-way but that it might be necesary to also work on private property. Staff was directed to talk to Mr. Quehl to indicate that the Council is not in favor of constructing storm sewer improvements or plugging the drain outlet and that the only alternative is to complete the minor filling and grading, if Page No. 2087 August 21, 1984 the work can be done entirely on City property or if all of the neighbors agree to grant easements in order to accomplish the work. CHERRY HILLS DRAINAGE The Council acknowledged a memo regarding a complaint from residents of the Cherry Hills Second Addition relative to • surface water runoff problems. Administrator Frazell informed the Council that the residents have asked that discussion be tabled. Ayes: 5 Nays: 0 CURLEY ADDITION BIKE TRAIL Mayor Lockwood moved that discussion on the Cherry Hills Second Addition drainage complaint be tabled to September 18th. Councilman Hartmann seconded the motion. The Council acknowledged a memo from the City Administrator regarding the issue of development of Lot 10 of the Curley Addition. He informed the Council that copies of the memo had been submitted to several residents of the Addition. Councilwoman Witt stated that her recollection of discussions at the time the lot was acquired was that the main concern was access to Rogers Lake Park. She pointed out that while the min- utes indicate that the lot could be used as a neighborhood playground, it was never intended that it be developed or maintained as a park. Mayor Lockwood pointed out that the Park and Recreation Commission is very much opposed to retaining the lot except that portion to be used for a bike trail. Councilman Mertensotto stated that the lot was purchased from interest accrued on park bond issue money, and that if the property were to be sold the proceeds must be used for park acquisition and development. He indicated that the City was planning to construct a bike trail from the lot to Rogers Lake Park at a cost of about $12,000 and that sale of the lot was planned in order to defray the cost of trail construction. He stated that if the remainder of the lot is not sold the City cannot afford to build the bike trail and nothing will happen except that the lot will remain open space just as it is now. Councilwoman Blesener stated that one alternative would be to leave the lot as it is, with maintenance to be provided by the neighborhood. The City could construct the trail, and if the neighbors agree to maintain the lot as open space but do not do so, the City could still retain the option to sell the balance of the lot. She suggested that the trail should be constructed along the northeast property line as was originally designed. Council Members Hartmann and Mertensotto both expressed concern over where financing for the trail would come from if the lot Page No. 2088 August 21, 1984 is not sold. Park Commission member Marsha Knittig stated that when Mr. & Mrs. Maple first came to the Park Commission meeting with regard to the lot, it was to complain that the lot was becoming a refuse collection area and they wanted it cleaned up. At the next meeting, several neighborhood residents requested that a park be created on the lot. She stated that the Commission confirmed their original decision to recommend the sale of the lot in order to provide the trail, and felt that if the lot were retained and maintenance was left to the area residents there would come a time when the same complaints over the lot as are now being experienced would come up again. Mrs. Anne Maple, 2166 Timmy Street, suggested that another solution would be to put the bikeway through the middle of the lot and suggested that without drainage improvements the investment would possibly only be $500. Public Works Director Danielson stated that the trail and storm sewer system plan was designed on a "first-class" basis so that the trail would last for a long time. If staff were to redesign the plan with a smaller project in mind, the trail could be constructed with just a culvert at the southeast corner, where the trail would connect with the Mn/DOT trail, but that this type of design would probably require much more maintenance. He pointed out however that if the City were to sell the balance of the lot in the future, a storm sewer system would need to be installed. Mr. Dave Mattson stated that at the last meeting at which the issue was discussed, the neighbors felt that the trail should go down the middle of the lot and that less extensive drainage work would be required by doing so. He stated that he does not know the difference between open space and park land but that he believes that until the feeling of the neighborhood changes, the neighbors want the remainder left as open space for the children in the area. Mr. Dennis Kurth stated that if the lot were mowed and maintained, the neighbors would keep the trash off of it. In response to a suggestion from Mayor Lockwood, he also stated that he would see no problem with neighborhood maintenance rather than maintenance by the City. Mr. Mattson stated that if the City is pedway, perhaps it could also grade and more "mowable." He stated that if neighbors to maintain the lot, it would City to seed the lot and get it into mowing. going to construct the seed the lot to make it the City expects the only make sense for the a good condition for Ayes: 4 Nays: 1 Hartmann Ayes: 4 Nays: 1 Lockwood IVY HILL P.U.D. Ayes: 5 Nays: 0 Ayes: •5 Nays: 0 INDUSTRIAL REVENUE FINANCING Page No. 2089 August 21, 1984 Councilman Mertensotto moved to rescind Council action of April 17th which authorized construction of the trail and sale of the lot to support trail construction costs. Mayor Lockwood seconded the motion. Councilman Mertensotto suggested that further discussion over the trail be delayed until the overall County trail system is developed. Councilwoman Blesener suggested that staff be directed to investigate alternatives and recommend the best way to construct an 8 foot trail, either bituminous or some other type of surface which could be upgraded in the future, to be located on the north side of the lot so that if neighborhood maintenance does not work out the City could still retain the ability to sell the remainder of the lot. After discussion, Councilwoman Blesener moved to direct staff to prepare a report on the most economical way to construct a trail along one of the lot lines, so that a buildable home site would still be available, along with estimated costs and a recommendation on how the construction costs can be financed. Councilman Hartmann seconded the motion. The Council acknowledged and discussed the feasibility report for construction of utilities to serve the Ivy Hill 2nd Addition. As part of the discussion, Councilman Mertensotto suggested that the City should pursue additional right-of-way dedication in case it is needed in the future. Mayor Lockwood moved the adoption of Resolution No. 84-48, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR SANITARY SEWERS, WATER, AND STORM SEWERS TO SERVE LOT H, CLAPP-THOMSSEN IVY HILL 2ND." Councilwoman Witt seconded the motion. Councilwoman Witt moved the adoption of Resolution No. 84-49, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, AND STORM SEWERS CONSTRUCTION TO SERVE LOT H, CLAPP-THOMSSEN IVY HILL 2ND (IMPROVEMENT NO. 84, PROJECT NO. 3)." Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from the City Administrator regarding industrial development bonds and recommending that the Council authorize issuing a letter of intent to use the City's S3,108,540 industrial development Page No. 2090 August 21, 1984 bond entitlement along with a 1% reservation fee to the state. The memo also contained a recommendation that the City make a "discretionary" application in the amount of $5,000,000 on behalf of the Yorkton Corporation. Mr. Dale Glowa, of United Properties, stated that his firm will request the $3 million entitlement and will pay the 1% entitlement reservation fee. He stated that his firm would like to construct phase 2 of the Mendota Heights Business Center and proposes to use the revenue financing funds to build two single-story buildings. A third, two-story building will be constructed at a later time. He stated that the site is just east of the existing Mendota Heights Business Center and that he does not yet know whether the property will be developed as a planned unit development. He stated that his firm hopes to break ground for the project in October. Treasurer Shaughnessy stated that it is necessary for the City to allocate its entitlement and must therefore file a letter of intent to the state along with the 1% fee. He suggested that a public hearing on the United Properties request for industrial development financing and on the Yorkton Corporation request be held on September 18th. He stated that Yorkton Corporation has also indicated that it will pay the 1% fee. Administrator Frazell pointed out that Ralph Linvill has also requested that he be allowed to file an application for discretionary funds. Mr. Linvill, present for the discussion, stated that he is requesting industrial revenue financing for the project to be located on Pilot Knob Road, in the amount of $2.6 to $2.7 million. After discussion, Councilman Hartmann moved to authorize staff to send a letter to the Department of Energy and Economic Development along with a 1% fee indicating that the City wishes to retain its $3,108,530 Industrial Development Bond allocation, and further that United Properties be designated as the user of that I.D.B. allocation, paying the 1% fee, and that the $2,500 of issue expense fee be waived until such time as bonds are issued. Councilwoman Blesener seconded the motion. Mr. Larry Lee, President of Yorkton Corporation, reviewed concept plans for the development of property located at Lexington Avenue and T.H. 110, west of the Gould structure. He informed the Council that it is proposed to construct a conference center as the first structure on the property, at the southwest corner of the 28 acre site, and introduced Mr. Steve Musada, founder of Alpha Environments which will be the Page No. 2091 August 21, 1984 facility tenant. As part of the discussion, Councilman Mertensotto expressed his concern over the density shown in the concept drawings flarticularly because of the proposed T.H. 110 frontage road access. He suggested that serious consideration be given in final plans to providing different ingress and egress. Mr. Lee stated that what he industrial revenue financing for that the balance of the concept Council some idea of what might site. is currently requesting is the conference center, and drawings is just to give the be eventually done with the After discussion, Councilwoman Witt moved the adoption of Resolution No. 84-50, "RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON," relative to the Yorkton Corporation project. Mr. Ralph Linvill reviewed concept drawings for a proposed 55,000 square foot high-tech office/warehouse building. He stated that he proposed construction of the structure this fall and will request $2.7 million in industrial revenue financing for the project. It was the concensus of the Council that consideration be given to establishing a hearing on the Linvill industrial revenue financing request at the August 28 budget meeting. VISITATION FILL PERMIT Mr. Don Ringrose, of BRW, was present to represent Visitation Convent and Johnson Brothers Inc. in their application for conditional use and wetlands permit for filling on the Visitation property located on the south side of Mendota Heights Road. Mr. Ringrose stated that the conditional use permit is of a great deal of interest to both Johnson Brothers and the Convent and asked that the Council reconsider its action of July 17th which denied the permits. It was noted that a primary concern of the Council at the July 17th meeting was that the Convent was not included in either the application or developers agreement, and had not therefore made any commit- ment to responsibility in the project. Ayes: 5 Nays: 0 After discussion, Councilwoman Witt moved to reconsider the action of July 17th denying the Johnson Brothers application for conditional use and wetlands permits for the Visitation Convent property. Mayor Lockwood seconded the motion. Mr. Ringrose stated that at the July meeting there seemed to be a feeling on the Councilthat Visitation was not assuming any responsibility and was not very interested in the project, and Ayes: 5 Nays: 0 FIRE PREVENTION Page No. 2092 August 21, 1984 that if only Johnson Brothers, Inc. was the only party involved, public interest might not prevail. He stated that while it is important to the contractor, it is also important to Visitation because the fill placement will enhance the future development of the property. He described the site, including the natural drainage system and tree growth, and stated that the plan is to retain all of the important vegetation on the east side of the property and the trees on the westerly edge of the property. The trees in the center and those along the freeway are in depressed areas and will be removed. It is proposed that 200,000 yards of material be placed on the site: the filling will be properly engineered, tested and compacted. In response to Council questions, Mr. Ringrose stated that while there is 10 feet of rise across the Tousignant property because of filling, there is only a 4 foot rise over the Visitation site and that the contractor will gain access directly from the freeway and should not need to use any public streets to complete the filling project. Mr. Dave Prusak, from Johnson Brothers, confirmed that all access will be from 1-494. Mr. Ringrose stated that a rope fence will be placed around the site to prevent erosion during construction and that nothing will be done on the site that will disrupt drainage at all. Councilwoman Blesener stated that her original concern was that the property would be filled similar to the Tousignant property with large rises on the property, and that the property might be filled at a much higher grade than Mendota Heights Road. Mr. Ringrose responded that topsoil will be stockpiled at the east edge of the property and will be shielded from the road area by existing tree growth. It was the concensus of the Council that good cause exists to bypass the Planning Commission in reconsidering the action in that there are changes in conditions that would warrant reconsideration, and in view of the Commission recommendation for approval of the original application. After discussion, Councilwoman Blesener moved that a hearing on the application from Visitation Convent/Johnson Brothers, Inc., be conducted on September 4, 1984, that Council determines that the applicant presented sufficient evidence of change in cir- cumstances towarrarAtreconsideration of the application, and that the requirement for Planning Commission hearing be waived. Councilwoman Witt seconded the motion. Fire Marshal Gene Lange was present to request Council consideration of the repeal of the ordinance regulating the setting of fires and a proposed ordinance prohibiting the use of barbecues in multiple dwelling buildings. With regard to Page No. 2093 August 21, 1984 the proposed ordinance repeal, Mr. Lange explained that permits for open burning are no longer allowed except by written permit from the Minnesota Pollution Control Agency and that the ordinance is both outdated and contradictory to state regulations. Councilwoman Blesener moved the adoption of Ordinance No. 210, "AN ORDINANCE REPEALING ORDINANCE NO. 1005." Councilwoman Witt seconded the motion. Fire Marshal Lange stated that there are many multiple dwellings in the City, but that they are predominantly owner- occupied, that in some cases the building design does not provide balconies and in others barbecues are regulated by the associations. Mr. Lange stated that with the advent of the Lexington Heights Apartments, -which will be 100% rental and which have wood framed balconies, the Fire Department believes that there should be some control over operation of barbecues and the storage of flammable liquids in the apartment buildings. He stated that the Fire Department has limited access to the site and does not have adequate aerial equipment and would have to rely on mutual aid if a fire occurred. He cited instances where fires have occurred because of barbecues and felt that the City should make some attempt to control the use of barbecues as the first step in preparation of a fire prevention code which he felt should be prepared in the next year. Councilman Mertensotto stated that he does not understand why the City would want to prevent the apartment dwellers from outdoor barbecuing when fires could occur in single family dwellings just as easily and they are not regulated. Mr. Lange responded that he does not believe the same right prevails, that people in the complex will be living in a cluster and other people in the complex could be endangered - the units have shared ingress and egress. He stated that a copy of the proposed ordinance was given to the property owner who expressed concern because some of the units had already been rented, but Fire Marshal Lange felt that an ordinance should be adopted now, before full occupancy. He suggested that the solution would be for the complex to provide barbecues in the common areas at least fifteen feet from the structures. Mr. Mark Thayer, a resident of the complex, stated that if barbecue related fires occured five times a summer he does not believe that should require government intervention in the apartment dwellers' private lives. He suggested that rather than prohibiting barbecues it would be better to specify the type of grill to be prohibited and require fire extinguishers at the patio doors. He commented that the buildings have brick exteriors and that if a fire started on a balcony he could not SPEED LIMIT HANDICAPPED ACCESSIBILITY Page No. 2094 August 21, 1984 believe the building would be set on fire. Fire Marshal Lange responded that he is concerned about exposure fires from one balcony to the one above and through patio doors onto drapes, etc. He felt that it is the responsibility of the Department to bring the matter to the Council's attention: other departments have worked to get this type of ordinance passed because they felt it important. Mayor Lockwood stated that he would prefer not to ban barbecues but would like to find out whether it is safer to use charcoal than it is to use propane. Fire Marshal Lange stated that if the Council does not wish to consider the ordinance to ban barbecues it should at least ban the use of propane because of potential explosion and regulate the storage of flammable liquids. The Council directed that the proposed ordinance be rewritten in such a manner. Captain Lange reviewed his memo regarding the speed limit on Lexington Avenue from T.H. 110 to Mendota Heights Road. He recommended that the Council wait until the Lexington Heights apartment complex is at least 75% occupied before requesting a speed study because conditions would be more favorable for the City if the request were delayed. The Council directed that Captain Lange return with a recommendation upon 75% occupancy of the apartment complex. The Council acknowledged and discussed a memo from Financial Advisor Shaughnessy regarding Federal Revenue Sharing Act requirements on handicapped accessibility. Councilwoman Blesener moved the adoption of Resolution No.84-51 "RESOLUTION RECOGNIZING HANDICAPPED ACCESSIBILITY, CONFIRMING SELF-EVALUATION AND ESTABLISHING GRIEVANCE PROCEDURE." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 HOLIDAY SCHEDULE Ayes: 5 Nays: 0 The Council acknowledged and discussed a memo from the City Administrator recommending that the 1984 holiday schedule for office employees be amended to trade the Columbus Day holiday for Christmas Eve. Councilman Hartmann moved to amend the holiday schedule in the City Personnel Code for calendar year 1984, eliminating Columbus Day, October 8th, and adding the day before Christmas, December 24th. Mayor Lockwood seconded the motion. BLOCK GRANTS LEGISLATIVE COMMITTEE Ayes: 5 Nays: 0 SUBURBAN RATE AUTHORITY Ayes: 5 Nays: 0 ELECTIONS Ayes: 5 Nays: 0 LIQUOR ORDINANCE Ayes: 5 Nays: 0 Page No. 2095 August 21, 1984 The Council acknowledged and discussed a memo from the City Administrator regarding identification of potential community development block grant projects. The Council acknowledged and discussed Administrator recommending designation Council to serve on a Chamber of committee. a memo from the City of a member of the Commerce legislative Mayor Lockwood moved that Administrator Frazell and Councilwoman Witt be appointed as the City's officials delegates to serve on the Dakota County Chamber of Commerce Legislative Committee. Councilman Hartmann seconded the motion. Councilman Hartmann moved to cancel the City's membership the Suburban Rate Authority. Councilwoman Witt seconded the motion. in The Council acknowledged a memo from the City Clerk recommending appointment of a Deputy Clerk for elections. Councilman Mertensotto moved that Diane Ward be appointed Deputy Clerk for Elections for the 1984 Primary and General Elections. Councilwoman Blesener seconded the motion. The Council acknowledged and discussed a memo from the City Clerk recommending summary publication of the Liquor Ordinance and providing a proposed summary. Councilman Mertensotto moved approval of the text of the summary of Ordinance No. 209, Codified as Ordinance No. 1403, An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquors in the City of Mendota Heights, Dakota County, Minnesota, adopted August 7, 1983, determining that the summary clearly informs the public of the ordinance, and directing that the City Clerk submit the summary for publication in the Sun Newspapers and maintain a complete copy of Ordinance No. 209 in the City Clerk's office for inspection by any person during regular office hours. Councilman Hartmann seconded the motion. VFW DONATION Ayes: 5 Nays: 0 Page No. 2096 August 21, 1984 Administrator Frazell informed the Council that the Mendota VFW has offered to pay for the purchase and installation of the flag pole at the new Fire Station at an expense estimated to be $1,851.00. Mayor Lockwood moved that the City Council accept with considerable gratitude the generous offer of the Mendota VFW, acknowledging that an inscription will be placed on the base of the flagpole acknowledging the contribution. Councilman Hartmann seconded the motion. ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned to 7:00 P.M. on August 28th for discussion of the proposed 1985 departmental budget requests and consideration of the Linvill Industrial Revenue Financing hearing resolution. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: thleen M. Swanson City Clerk ATTEST: Med-4 gyciLiyi Robert G. Lockwood Mayor