Loading...
1982-12-07 Council minutesPage No. 1749 December 7, 1982 CITY OF MENDOTA HEIGHTS DAKOTA. COUNTY Minutes of the RegUlar Meeting Held Tuesday, December 7, 1982 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 P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the November 16th meeting. Councilwoman Witt seconded the motion. Councilman Losleben moved approval of the minutes of the November 23 adjourned meeting. Mayor Lockwood seconded the motion. Councilwoman Witt 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 NDC4 minutes for November 3, 10, & 17, NDC4 agendas for November 17 and December 1st, and memos from A. Stech for NDC4 relative to written testimony by Inver Hills Community College and Independent School District #197, and a comparison of Request for Proposals. 2. Acknowledgement of the minutes of the November 23 and December 1st Planning Commission meetings. 3. Acknowledgement of the Code Enforcement Officer and Fire Department monthly reports for November. 4. Approval of the List of Claims dated December 7, 1982 and totalling $131,874.27. 5. Adoption of Resolution No. 82-95, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR MARIE AVENUE RECONSTRUCTION (IMPROVEMENT NO. 82, PROJECT NO. 1)", approving final payment of $26,017.46 to Cannon Valley Construction. 6. Approval of the List of Licenses, granting licenses to 11-& W Construction Berghorst Plumbing & Heating Ingram Excavating, Inc. Thompson Plumbing, Co., Inc. James W. Lindstrom Masonry Patron Builders Concrete License Excavating License Excavating License Excavating License General Contractor General Contractor Councilman Hartmann seconded the motion. Page No. 1750 December 7, 1982 HEARING ON PROPOSED Mayor Lockwood opened the meeting for the purpose of a public HOUSING BOND hearing on a proposed housing bond program. He turned the PROGRAM meeting over to City Administrator Johnson for an introduction and explanation. City Administrator Johnson stated that this evening's hearing was established on November 16 and was called to discuss a proposed housing bond program, which is merely a blueprint for the implementation of a. housing program which was distributed along with the agenda. He advised that this would establish a program for first-time home buyers and eventually a housing program in Mendota Heights. Mr. Johnson stated that the program, if approved, would involve not only Mendota Heights, but also the cities of Eagan and West St. Paul in a senior citizen housing proposal. Mr. Johnson stated that this evening's hearing is just one of the beginning stages in the discussion of elderly housing/ housing bond program, that it is a financial scheme which will have many hoops to go through, including competition for state bonding. Mr. Johnson introduced representatives of the Dakota County HRA, the A.H. Wilder Foundation, Miller Schroeder Investment, and a Holmes and Graven legal firm. Mr. Jack Klepp, representing the A.H. Wilder Foundation, summarized responses to a survey of residents from Mendota Heights, Eagan and West St. Paul, relative to elderly housing. Mr. Klepp advised that approximately 1600 surveys were sent out to the Darts mailing list and summarized the 53 responses received out of the approximate 150 surveys sent to Mendota Heights residents. The questions for which responses were summarized by Mr. Klepp were: what type of existing structure the senior citizen resides in, whether the resident was satisfied with his existing housing, what type of housing the respondent would prefer, type (condo- minium or townhouse) and height of structure preferred, preferred size of condominium or apartment, price range, respondents age and household income, and price range of existing residence. Mr. Paul Eckholm from Miller Schroeder, stated that the bonds would ultimately be issued by Dakota County HRA, but the require- ments of the program would be subject to any rules required by the Cities of Mendota Heights, Eagan and West St. Paul. Mr. Eckholm advised that if the Council were to adopt the program this evening, it would be sent to the Minnesota Housing Finance Agency for review. If the bonds were then approved by the HFA, they would be issued by the Dakota County HRA. Mr. Eckholm explained various aspects of the proposed bond program and answered questions for the Council. He advised the Council that in response to a request from a Councilmember during the week, he has had his staff prepare information on_sales of homes in Mendota Heights during the period of July, 1980 through November, 1982. He advised that of the 119 housing units sold in Mendota Heights during that period of time, 26 were sold for less than $75,600, which is the purchase price limit under the interest subsidy portion of the program. He also advised that of the_current MLS listing of homes for sale in Mendota Heights, only two fall within the purchase price limit. Page No. 1751 December 7, 1982 Mr. Stan Kehl, from Holmes and Graven, answered Council ques- tions relative to the definition of the proposed development district along with use of TIF monies. Councilman Losleben stated that throughout all the discussion on the proposed bonding program, his basic question has been who in Mendota Heights would benefit from this, especially based on the maxi- mum housing cost and income limits. Mr. Eckholm stated that people from the other communities would obviously benefit more from the elderly housing program than will Mendota Heights but it is a method of financing the program. Councilman Mertensotto pointed out that Mendota Heights is the target and project area and that the program cannot be done without tax increment financing from the project area during the ten year bonding program. He felt that the tax payers in the City and the School District would be subsidi- zing the program, yet the project would be attracting more people from outside the area than from within. Councilman Losleben stated that he had a very strong inter- est in doing something for Mendota Heights residents, but sees that that cannot be accomplished without other public agencies. He stated that he is still concerned about trying to do a project without outside government agencies and sugg- ested that the HRA/Wilder involvement is not the only avenue available. Mayor Lockwood stated that one thing the Council is trying to do is to provide alternative housing for senior citizens. Through the program there would be 90 condominium units for seniors to move into, but that the only way this program would help them is if their houses would sell for no more than $75,000 to $76,000. He suggested that there would be very few homes in Mendota Heights which would be eligible. There was general agreement from the Council that the majority of the city's tax increment financing under the program would go to assist first-time home buyers who purchase homes outside of Mendota Heights. Mayor Lockwood asked for questions or comments from the audi- ence. Carol Schultz, from Dakota County HRA, stated that the ori- ginal estimate indicates that only about 75% of the avail- able TIF revenues would be used for the full ten years of the bonding program. The balance would go back to the City. She stated that she really does not anticipate use of the full increment, and that all of the mortgages would be on a graduated payment schedule. She stated that the TIF rev- enues are pledged only to the people who would move into the housing project. Planning Commission member Janet Blesener suggested that if the Council's objective is to provide affordable alter- native housing for seniors, this is the only way to acc- omplish the goal. She stated that if the Council Ayes: 5 Nays: 0 Ayes: 4 Nays: 1, Witt RECESS HEARING - CASE NO. 82-23, JOHNSON BROS. CORP., CONDITIONAL USE PERMIT Page No. 1752 December 7, 1982 wants an affordable housing program, it must have a developer put together the project and there must be some financing assistance She pointed out that A.H. Wilder has done the groundwork for the City and the Council must now decide what its objectives are. Mayor Lockwood stated that until tonight he had been in favor of the program, and he has always been willing to go along with providing lower cost housing to seniors from Eagan and West St. Paul according to population, but after seeing the statistics presented by Mr. Klepp and Mr. Eckholm, he feels that the Mendota Heights residents would be in the minority in the project. He pointed out that the restrictions imposed under the program are too restrictive for most Mendota Heights residents. Mr. John Shardlow, from Howard Dahlgren's office, who was present for the discussion, stated that the City would perhaps have other alternatives in providing an elderly housing project, and suggested that the City could use tax increment financing revenues for such purposes as buying land, clearing it, installing utilities, and other similar activities which reduce the construction costs. There being no further questions or comments from the audience, Councilman Losleben moved that the hearing be closed at 9:17 P.M. Councilwoman Witt seconded the motion. Councilman Losleben moved to decline the offer of the Dakota County Housing Redevelopment Authority for a proposed housing bond program for Mendota Heights. Councilman Mertensotto seconded the motion. Mayor Lockwood thanked the representatives of the A.H. Wilder Foundation, the HRA, Mr. Eckholm and Mr. Kehl. He suggested that the City Council is still interested in trying to find a method of providing alternative housing for senior citizens in Mendota Heights even though the housing bond program that had been discussed has been declined. Mayor Lockwood called a recess at 9:20 P.M. The meeting was reconvened at 9:35 P.M. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from the Johnson Brothers Corporation for a conditional use permit for filling on the Mendakota Country Club property. Mr. John Shardlow, representing Johnson Brothers Corporation, advised the Council that Johnson Brothers is the contractor for the grading of I-35E in the Mendota Heights area and that the placing of excess fill material on a site in the immediate area would be a considerable savings for the Johnson Brothers firm. Mr. Shardlow stated that a considerable portion of Mendakota Country Club is exposed to the new I-35E and the noise of the freeway. For this reason, Johnson Brothers contacted Mendakota Page No. 1753 December 7, 1982 Country Club to see if they would be interested in the placement of fill along the portion of their property adjacent to the freeway. Mr. Shardlow indicated on a drawing the area of Mendakota Country Club property on which the proposed 166,000 yards of fill would be placed if approved. He stated that the filling would provide a berm between the freeway and the golf course and would be an aesthetic asset to the golfcourse property. Councilman Mertensotto asked what the status of the 500 feet of noisewall along a portion of I-35E is. Mr. Shardlow stated that there has been no state approval of the noisewall at this point, however Johnson Brothers has offered to go to Mn/DOT to try to get approval of installation of the noisewall. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Losleben moved that the hearing be closed at 9:45 o'clock P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilman Losleben moved adoption of Resolution No. 82-96, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR JOHNSON BROTHERS INC./MENDAKOTA COUNTRY CLUB", conditioned upon execution of a developers agreement. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE #82-25, TAYLOR, Mr. Allan Taylor was present to request approval of a wetlands WETLANDS PERMIT permit and variance to allow him to construct a residence on Lot 2,Block 2, Ivy Falls Second Addition. Mr. Taylor advised that the wetlands area as shown on the City's wetlands map is not a creek, but is basically a swampy area created by drainage from adjoining lots. Ayes: 5 Nays: 0 GOULD SIGN PERMIT Public Works Danielson confirmed Mr. Taylor's comments and advised that most of the homes in the area are at a setback similar to that proposed by the applicant. He recommended that the wetlands permit and variance from the wetlands setback requirement be approved conditioned upon the applicant meeting the normal erosion control conditions. Mayor Lockwood moved to waive the public hearing requirement and to approve the issuance of a wetlands permit for Lot 2, Block 2, Ivy Falls Second Addition, granting a 68 foot variance from the wetlands setback requirement, to allow construction of a residence 32 feet from the wetlands area, conditioned upon the applicant meeting the erosion control requirements of the wetlands ordinance. Councilman Losleben seconded the motion. The Council acknowledged a memo from the Code Enforcement Officer relative to an application from Gould, Inc., for permits to change the faces of the two existing signs on the Gould property at 1110 Highway 110. Mr. Harvey Hansen, representing Gould, Inc., advised the Council that the change in the Company name from Gould, Inc., to GNB necessitates the change in the face of the existing horizontal ( ) Ayes: 5 Nays: 0 ) FIRE TRAINING Ayes: 5 Nays: 0 530 FREMONT AVENUE Ayes: 5 Nays: 0 Page No. 1754 December 7, 1982 and vertical signs. He advised that with the exception of the installation of new front and back panels on the two signs, there will be no other changes. After a brief discussion, Councilman Losleben moved approval of the issuance of two sign permits as requested. Councilman Mertensotto seconded the motion. The Council acknowledged a memo from Fire Marshall Lange and a proposed fire site training agreement. Captain Marc Connolly, present for the discussion, advised that Margaret E. Rockhold, owner of property located at 2165 Highway 55, had requested the fire department to burn down structures located on her property. He stated that controlled burning of the structures could provide excellent training and asked for Council authorization for the execution of the proposed agreement with Mrs. Rockhold. After discussion, Mayor Lockwood moved that the Mayor and Clerk be authorized to execute the proposed agreement after it is determined that Mrs. Rockhold is the sole owner and that there are no encumbrances against the property and on the condition that site restoration be completed by the owner within 60 days after the training. Councilman Losleben seconded the motion. The Council acknowledged a memo from the Code Enforcement Officer recommending that the deadline for completion of the renovation of the structure moved to 530 Fremont Avenue be extended to April 1, 1983. Councilman Mertensotto moved that the extension be granted to April 1st and that the landowner be notified that no further extensions will be granted. Councilman Hartmann seconded the motion. WATER RATES The Council acknowledged the letter and schedule of increased water rates from the St. Paul Water Department. PLANNING CONTRACT City Administrator Johnson presented and briefly reviewed a proposed contract for professional planning services between the City and Howard Dahlgren Associates, relative to preparation of a study on the TH. 110/149 area. Councilman Mertensotto expressed concern that the $15,000 contract price be closely monitored so that the City does not incur costs in excess of $15,000. The Council directed staff to closely monitor costs and it was the concensus that no costs in excess of $15,000 would be authorized unless specifically approved by the City Council in advance. Page No. 1755 December 7, 1982 After discussion, Councilman Losleben moved to authorize execution of the agreement for planning services on the basis that the agreement be amended under Scope of Services, to include a state- ment to locate a potential senior citizen housing site. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 PERSONNEL The Council acknowledged a memo from Administrator Johnson recommending the permanent employment of Police Chief Dennis Delmont. Ayes: 5 Nays: 0 AIRPORT SOUTH STUDY COMMITTEE Ayes: 5 Nays: 0 PROPOSED BUDGET PROSECUTIONS Councilman Mertensotto moved that Police Chief Dennis Delmont be given permanent appointment status after having successfully completed his six month probationary period. Councilman Hartmann seconded the motion. Administrator Johnson advised the Council that he has received a memo from the City of Bloomington relative to the creation of a Citizens Advisory Committee to study use of the'former Metropolitan Stadium site. He advised that along with representatives from Bloomington and other groups, four members will be appointed from Dakota County. He advised that the Dakota County communities included all of Mendota Heights, Eagan, Burnsville and one at-large member. He asked that the Council appoint a representative to the committee. After a brief discussion, Councilman Losleben moved to appoint Councilman Mertensotto to serve as the City's representative on the Airport South study coordinating group. Mayor Lockwood seconded the motion. City Administrator. Johnson distributed copies of the proposed 1983 budget, along with a 1982 budget review for the general fund. Administrator Johnson and Treasurer Shaughnessy orally reviewed the status of the 1982 budget and the potential impact of the state's financial problems on Mendota Heights. • Police. Chief Delmont was present to discuss proposed 1983 pro- secution services and charges. City Attorney Winthrop explained that the. cost forprosecution. services for past years were much more expensive than are proposed for 1983 because of the amount of preliminary services which were provided. He and Chief Delmont indicated that more of the preliminary work would be completed by the police officers rather than by paralegals. Chief Delmont recommended that.the Council approve the $12,000 fixed fee charge for prosecution services for 1983. After, discussion by the Council, Mayor Lockwood moved, to continue prosecution services with Winthrop, Weinstein and Sexton for a fixed fee of $12,000 for 1983 on the basis of the recommendation by Police Chief Delmont. Page No. 1756 December 7, 1982 Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY STUDY The Council acknowledged receipt of the Feasibility Study for sanitary sewer and water extensions to the Bisanz's property. OPTICOM Ayes: 5 Nays: 0 TRAFFIC SIGNAL MAINTENANCE Ayes: 5 Nays: 0 NORTHLAND DRIVE RIGHT-OF-WAY On the recommendation of the Public Works Director, Council- woman Witt moved the adoption of Resolution-No. 82-97, "RESOLUTION FOR THE REVISION, MAINTENANCE, OPERATION AND REMOVAL OF EMERGENCY VEHICLE TRAFFIC CONTROL SIGNAL PRE-EMPTION SYSTEMS AT CERTAIN INTERSECTIONS ON STATE TRUNK HIGHWAYS AND CITY STREETS IN THE CITY OF MENDOTA HEIGHTS BY STATE FORCES ON AN REIMBURSEABLE BASIS." Councilman Losleben seconded the motion. The Council acknowledged and discussed a memo from Public Works Director Danielson regarding Traffic Signal Maintenance at County Roads. Mr. Danielson recommended that the Council approve the execution of new signal maintenance agreements for the signals located at Lexington and T.H. 110 and Delaware and T.H. 110. Councilman Losleben moved to authorize execution of two traffiC signal maintenance agreements with Dakota County as recommended by the Public Works Director. Councilman Hartmann seconded the motion. On the recommendation of the Public Works Director, Mayor Lockwood moved the adoption of Resolution No. 82-98, "RESOLUTION REQUESTING STREET RIGHT-OF-WAY FOR NORTHLAND DRIVE OVER MINNESOTA DEPARTMENT OF TRANSPORTATION PROPERTY, NORTHLAND DRIVE/TRANSPORT DRIVE IM- PROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 6)." Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 INTERCEPTOR The Council acknowledged a letter from the Metropolitan Waste MAINTENANCE Control Commission advising that the Interceptor Maintenance Agreement No. 130 between the City and the Waste Control Commission will terminate as of December 31, 1982 at which time the Waste Control Commission will maintain the interceptors rather than continue City maintenance. MISCELLANEOUS The Council acknowledged receipt of a handout memo from the Police Chief relative to traffic speeds on Lexington Avenue. SAINT PAUL WATER AGREEMENT Public Works Director Danielson advised the Council that there is a water pressure problem in the Industrial Park, and that the best resolution - to the problem of extremely high pressures is the installation of a pressure reducing valve. He recommended that the Council authorize execution of an agreement with the Saint Paul Water Department to install a pressure reducing valve at the cost of approximately $4,550.00. Ayes: 5 Nays: 0 TAX FORFEIT LAND Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page No. 1757 December 7, 1982 Mayor Lockwood moved the adoption of Resolution No. 82=-98, "RESOLUTION APPROVING RIDDER TO WATER SERVICE CONTRACT," authorizing execution of a third ridder to the Saint Paul Water Agreement relative to installation of the pressure re- ducing valve. Councilman Losleben seconded the motion. The Council acknowledged and briefly discussed a memo from the City Clerk relative to a parcel of tax forfeit land located between existing future T.H. 13 and both north and south of Mendota Heights Road. On the recommendation of the City Clerk, Councilwoman Witt moved to approve the conservation classification for Parcel No. 27-03300- 031-78, requesting assistance by the County Auditor's Office in acquisition of an easement along the westerly portion of the pro- perty for a proposed waterline extension to the MAC area. Councilman Mertensotto seconded the motion. There being no further business to come before the Council, Council- man Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:58P.M. ;4!(440„).797' 4-tioz-vt-g- thleen M. Swanson City Clerk ATTEST: 1e42 t1 Robert G. Lockwood Mayor