Loading...
1982-09-07 Council minutesPage No. 1704 September 7, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben, Mertensotto and Witt. APPROVAL OF MINUTES Ayes: 5 Nays: 0 Mayor Lockwood moved approval of the Minutes of the August 10th meeting. Councilman Hartmann seconded the motion. Councilwoman Witt moved approval of the minutes of the August 17th meeting with correction. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Losleben Councilman Losleben moved approval of the minutes of the August 24th meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the August 31st meeting with correction. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR 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. Approval of the List of Claims dated September 7, 1982, and totalling $163,224.10. 2. Approval of the List of Licenses, granting licenses to: H.G. Anderson Masonry Senderkey Concrete Teals Masonry, Inc. Delory Company Dependable Excavating Etzel Excavation Alton Anderson Larkin Construction Concrete License Concrete License Concrete License Excavating License Co. Inc.Excavating License Excavating License General Contractor's License General Contractor's License Ayes: 5 Nays: 0 HEARING--FEDERAL REVENUE SHARING Ayes: 5 Nays: 0 HEARING-1983 DEPARTMENTAL BUDGET REQUESTS Page No. 1705 September 7, 1982 Menard, Inc. Pineview, Inc. Urban Unit Corporation Walter's Construction, Inc. General Contractor's License General Contractor's License General Contractor's License General Contractor's License 3. Approval of the issuance of 3.2 on-sale_malt liquor lidenses to T.F. Baker for St. Peter's- Church for September 18 & 19 and October 3, authorizing that fees for the temporary licenses be waived. 4. Acknowledgement of the Minutes of the August 24 Planning Commission meeting, the August 18th NDC4 meeting minutes, acknowledgement of the Code Enforcement Officer's monthly report for August, and acknowledgement of the Fire Department monthly report for August. Councilman Losleben seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the Proposed Use of 1982/83 Federal Revenue allocations. Administrator Johnson advised the Council that a notice of the public hearing to consider the use of the Federal Revenue allocations for entitlement period 14 had been published in the City's legal newspaper. He stated that the City expects to receive $26,500 during this entitlement period and anticipates application of the funds to the deficit in the funding of the Public Works Garage construction. Mr. Johnson advised that the $62,200 deficit in the fund would be reduced to approximately $36,000 after application of the revenue sharing monies. The balance of the deficit would thereafter be funded by the unappropriated General Fund surplus. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilwoman Witt moved that thehearing be closed at 7:48 o'clock P.M.and that the anticipated 1982/83 (EP-14) Federal Revenue sharing allocation be applied against the Public Works Garage construction fund deficit. Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on the 1983 departmental budget requests. He turned the meeting over tb Administrator Johnson for review and discussion. Administrator Johnson advised the Council that a part of the Federal Revenue sharing guidelines and requirements include the conduct of a public hearing on the proposed 1983 budget. He advised the Council that as of this date the budget has not been completed, however the departmental budget requests, indicating proposed expenditures for 1983, have been submitted. He advised the Council that notices of hearing had been published in the Sun Newspaper, and that the notice included the departmental requests along with anticipated 1983 expenditures for General Fund operations. Mr. Johnson advised that he does not anticipate any cutbacks in the proposals in consideration Page No. 1706 September 7, 1982 of the fact that they are only 6 to 61 % increases and it appears that revenues to support the proposed expenditures can be generated. Councilman Mertensotto asked what the net effect of the composite of departmental expenditure requests will be in terms of tax dollars. Administrator Johnson responded that he anticipates a 1.4 mill City decrease. Treasurer Shaughnessy advised that he anticipates a 7 to 8% reduction in the City's mill rate, and that after allowing for a 10% across the board valuation increase, the net result would amount to approximately a 2% increase in the City portion of the real estate tax. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Mayor Lockwood moved that the hearing on the projected 1983 expenditures be closed at 7:58 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 DUPONT ADDITION Mayor Lockwood opened the meeting for the purpose of a public hearing ASSESSMENT on the proposed assessment roll for public improvements to serve HEARING the Michael D. DuPont Addition. He turned the meeting over to Public Works Director Danielson for review and history of the project. Mr. Danielson described the improvements which have been. installed. He stated that the plat consists of eleven new lots which received sanitary sewer, water, storm sewer, street curb and gutter and sidewalk improvements. He advised the Council that two lots which front on both Walsh Lane and Summit Lane are included in the assess- ment roll because they received sanitary sewer and watermain improvements as part of the project. He noted that an east/west division of the lots is possible in both cases. Mr. Danielson advised that the public street (Victoria Court) has not been completed because of unstable ground conditions. He stated that the street construction has been removed from the project and will be completed by purchase order sometime next summer. He advised the Council that the concrete pedestrian walkway from Victoria to the south boundary of the school property had been included in the project in accordance with the agreement between the School District and Mr. DuPont. He further advised that an easement agreement with Mr. Marty Evans requires plantings along exist ing property lines, and that this will be completed next spring. He further advised that sufficient money has been escrowed to accomplish the planting of the shrubs and completion of the street. He stated that the estimated feasibility cost was $149,000 and actual cost was $126,000. The estimated per lot assessment in the feasibility study was $11,000, and the assessment roll reflects lesser assessments. He advised the audience that if the assessment roll is adopted, assessments may be paid to the City Hall within 30 days, and that unremitted assessments would thereafter be certified to the County for collection over a ten year period for street improvements and 19 years for all other improvements, at an interest rate of 111% per year. He pointed out that there are Page No. 1707 September 7, 1982 no service connections for Lots 10 and 12 since those lots must be served from Victoria. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed at 8:08 o'clock P.M. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Councilman Mertensotto moved the adoption of Resolution No. 82-73, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MICHAEL D. DUPONT ADDITION IMPROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 8)". Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 530 FREMONT The Council acknowledged a memo from the Code Enforcement Officer AVENUE relative to the status of the structure moved to 530 Fremont Avenue. There being no representation by the property owner, the matter was tabled to the next meeting. LYONS PRIDE Mayor Lockwood noted that the discussion on a request for sign permits for the Lyons PrideConvenience Store and Royal Car Service had been tabled from the August 17th meeting. Mr. Greg Lyons, owner of the property, was present for the discussion. He advised the Council that he would like to install two signs on the wall of the building, using plastic letters with low wattage lighting. The lettering would consist of 12 to 15 inch high capital letters for the convenience store with 8 inch letters for Royal Car Service. He stated that the signs would be attached to the facade of the building. He stated that the proposed signing will not extend any higher than what currently exists. Mayor Lockwood pointed out that_ in the Code Enforcement Officer's memo dated August 17th, he advised that the total area of the two signs would not exceed the area allowed in the City's sign ordinance. Councilwoman Witt expressed concern that no drawings. have been submitted to the Council and that she would like to see the drawings which would indicate the size of the sign, height of the letters and length of the sign. After discussion, Mayor Lockwood moved approval of issuance of a sign permit for the two signs as requested, on the condition that satisfactory drawings which include the size of the sign, length of the sign and height of the letters, be submitted to staff. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 1, Witt FIRE STATION Mayor Lockwood advised the audience that the City Council is ARCHITECT attempting to locate and construct an eight bay fire station to SET,1'CTION replace the old, existing fire facility via tax increment financing. He reviewed the history of the proposed structure and advised that three architectural firms have been interviewed, those firms being Robert David Burow Architect, Trossen & Wright, and Architectural Alliance. The Council members discussed their reaction to each of the interviews, and it was the general Page No. 1708 September 7, 1982 concensus that any of the three candidates would be a good choice, however, the choice must be based on the financial factor, and that the bid received from Trossen & Wright was the lowest of the three proposals. After discussion, Mayor Lockwood moved that Trossen & Wright be selected as the architects for the proposed new fire station. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 TH110/149 Administrator Johnson advised that staff has met with Mn/DOT INTERSECTION officials to discuss the TH 110/149 intersection and that another meeting will be held on September 21st at which time the Mn/DOT representatives will give staff cost estimates relative to the feasibility of highway improvements in this area. ELDERLY HOUSING Mayor Lockwood reviewed the history of discussions with the Amherst H. Wilder Corporation relativa to construction of an elderly housing facility in Mendota Heights. He advised the audience that if. the City pursues the possibility of 125 condominium units, as has been discussed, a housing plan and program would have to be prepared, approved and submitted to the Minnesota Housing Financing Agency. Mr. Jack Klepp, representing the AHW Corporation, reviewed a prop- osed resolution which would authorize the Dakota County Housing and Redevelopment Authority to both prepare the housing plan and to issue and sell single family housing revenue bonds. Mr. Klepp stated that the purpose of the revenue bonds would be to provide financing, at reduced interest rates, to first-time home buyers to allow them to purchase residences for a maXimum purchase price of $75,600, from senior citizens who move into the condominium units. Councilman Losleben stated that when the desire for elderly housing was first discussed by the Council, the desire was to provide low income housing for the elderly as an objective. He suggested that the only real incentive presented now is to new buyers, not to senior citizens. He also suggested that construction of a facility can be accomplished on the open market, without the need for other governmental agencies. In response to concern over the desirability of adopting a housing plan, Administrator Johnson advised that the housing plan is a plan which states the City's objective to develop elderly housing with the communities of West St. Paul and Eagan. The plan would indicate that in order to accomplish the goal, tax increment financing and housing finance bonds would be necessary to write down the interest rates to the new home buyers. Councilman Mertensotto felt there were too many unanswered questions. He stated that he has no problem with the Wilder involvement in the development of elderly housing in the City but does not believe the City should get involved with housing revenue bonds or a housing plan. Councilman Losleben stated that he believes there is a need for elderly housing but that the original objective has been lost. Page No. 1709 September 7, 1982 He stated that he is uncomfortable with all the steps in the process and the participation by so many agencies. He felt that there must be some way to accomplish the Council's original elderly housing goal without involving so many agencies. After discussion, Councilwoman Witt moved the adoption of Resolution No. 82-77, "RESOLUTION AUTHORIZING THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO EXERCISE, ON BEHALF OF THE CITY OF MENDOTA HEIGHTS, THE POWERS CONFERRED BY MINNESOTA STATUTES, SECTION 462C.01 TO 462C.08, RELATING TO PLANNING AND IMPLEMENTATION OF A SINGLE FAMILY MORTGAGE REVENUE BOND HOUSING PROGRAM". Councilman Hartmann seconded the motion. Ayes: 3 Nays: 2, Mertensotto Losleben Ayes: 5 Nays: 0 RECESS Councilman Hartmann moved to establish a public hearing on a proposed housing plan for October 19th at 8:45 o'clock P.M. Councilwoman Witt seconded the motion. Mayor Lockwood called a recess at 9:55 P.M. The meeting was reconvened at 10:07 o'clock P.M. PRELIMINARY PLAT Mr, Carmen Tuminelly was present to review and request approval of the preliminary plat for the proposed Tuminelly's Hunter's Lane Addition, which consists of the replatting of Lots 1 and 2, of the Culligan Knoll Addition. Mr. Tuminelly proposed that the 2.2 acres be divided into two new lots, plus a lot which contains the existing structure which will be remodeled and renovated. He noted that each of the lots will be approximately 22,000 square feet, and that he proposes to dedicate a 30 foot strip of land on the north border of Lots 1 and 2 as right-of-way for a future street. Mr. Tuminelly stated that he would like to keep the 30 foot strip as a private roadway for the present and dedicate it as right-of-way at some future date. Councilman Mertensotto pointed out that, in order to be buildable, a residential lot must front on a public street. Attorney Winthrop advised the Council that the right-of-way should be required immediately, not dedicated at a later date. Mr. Tuminelly stated that he would have no objection to the immediate dedication. As part of the discussion on utility services, Mr. Tuminelly indicated that he wants to install the sewer and water utilities himself. It was the recommendation of staff and the concensus of the Council that public utility installation would not be allowed, it must be done in the same manner as other public utility construction, utilizing City Engineer and contracts. Planning Commission Chairperson Kruse was present for the discussion, and pointed out that the Planning Commission recommendation for approval provided that drainage toward the Barber lot be addressed. Public Works Director Danielson pointed out that perhaps a land- scaping and grading plan should be required as part of the platting approval process, and noted that since the proposed plat Ayes: 5 Nays: 0 Page No. 1710 September 7, 1982 is within the Critical Area Overlay District, there will be a mandatory review before any permits can be issued for construction. After discussion, Mayor Lockwood moved approval of the preliminary plat for the Tuminelly's Hunter Lane Addition. Councilman Lbsleben seconded the motion. It was assumed by the Council in the granting of the preliminary plat approval that the applicant will dedicate a 30 foot right-of- way for the use of the public street and for installation of utilities, that the applicant will submit grading and drainage plans to the City staff for review and approval. In the granting of the preliminary plat, Council acknowledged that variances will be necessary in order to allow two structures to be constructed on the lots on the 30 foot dedicated right-of-way rather than the completed public street. CASE #CAO-82-02, Mr. Jerry Bisari and Mr. Jeff Albrecht from Design Forum, were YUE present to request approval of an application for critical area setback variance for Lot 11, Block 1, Ivy Falls West Second Addition, property owned by Dr. Alexander Yue. Mr. Bisari reviewed the lot, showing the Council drawings of the lot, the proposed structure, grades, etc. He explained that since the Planning Commission meeting, the plans have been redrawn, and that the house, as proposed, will fall within the City's height requirement and no variance will be necessary for height. He stated that the site plan has also been redrawn and it is requested that the applicant be allowed to locate the proposed residential structure in an average of 44 feet from the 40% bluff line. Ayes: 5 Nays: 0 SPERRY UNIVAC ADDITION Planning Commission Chairperson Kruse advised the Council of the concerns of the Planning. Commission relative to the adjacent Rubin lot, and the need for landscaping along the driveway to the Yue structure in order to screen the Rubin lot from headlights. Councilwoman Witt moved to grant approval of the Critical Area Ordinance setback variance as requested, based on the site plan revised August 31, 1982, and received by the City September 2, 1982, based on the condition that the structure will not exceed acceptable building height and that screening be placed along the driveway towards the future Rubin home. Councilman Hartmann seconded the motion. Mr. Jerry Junkman, of Ryan Construction, and Mr. Bernie Ward and Mr. Tom Guyerre, from Sperry Univac, were present to request approval of a building permit to create a precious metals reclamation laboratory within the existing warehouse area in the Sperry Univac structure. The gentlemen explained that it is the intent of Sperry Univac to reclaim gold and other precious metals from "computers", and they explained the chemical processes involved in such reclamation. They also explained the various permits necessary from the Pollution Control Agency, Waste Control Commission and other agencies. They answered several Council Page No. 1711 September 7, 1982 questions relative to safety precautions and the effect of the discharge into the City's sewer system. After discussion, Mayor Lockwood moved authorization for the issuance of a building permit for Sperry Univac and Ryan Construction Company to create a reclamation lab within the existing Sperry Univac facility, subject to receipt of all necessary state, City, and other permits, and conditioned upon immediate notification to the City of any rejection of state permits. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Hartmann NSP CONDITIONAL Mr. Bob Burg, from Northern States Power Company, was present to USE PERMIT request Council approval of the change in the conditional use permit for installation of a wall around the Roger's Lake substation. He advised the Council that while NSP had originally proposed installation of a concrete wall around the structure, it is now felt that wood construction would be preferable, both in terms of financing andEesthetics. He advised the Council that the owners of the adjacent property, Eide Enterprises, find the wood construction acceptable, and that NSP believes it is more aestheticall pleasing than concrete would be. He advised that NSP will maintain the wall and will not allow it to deteriorate. Councilwoman Witt moved approval of a change in the original conditional use permit granted to NSP to allow installation of a green pressure treated timber wall around the Roger's Lake sub- station, with the condition that vines be planted on the outside of the wall. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter from the Mn/DOT relative to the Mendota Interchange. HUMAN RESOURCE Mayor Lockwood moved renewal of the contract with Human Resource ASSOCIATES Associates for one year, on the,basis of a $130 per referral charge. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a'Spotlight on the Metropolitan Waste Control Commission", advising of a meeting to be conducted on Septmber 24. The Council also acknowledged receipt of a notice from the Hozza Associates, Inc. relative to a meeting of the Joint Airport Zoning Board to be held on September 9th. HIGHWAY BONDING The Council acknowledged receipt of an Association of Metropolitan Municipalities bulletin regarding several items, in particular the proposed Constitutional Amendment #2 on highway bonding. The Council concurred in the Administrator's opinion that this Constitutional Amendment is particularly important and should be supported and publicized. Page No. 1712 September 7, 1982 Councilman Losleben moved the adoption of Resolution No. 82-74, "RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT #2, AN AMENDMENT TO THE MINNESOTA CONSTITUTION ON HIGHWAY BONDING, TO REMOVE RESTRICTIONS ON THE INTEREST RATES FOR AND THE AMOUNT OF TRUNK HIGHWAY BONDS." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CABLE Mayor Lockwood moved to accept Councilman Losleben's resignation COMMUNICATIONS as City representative to the NDC4 and to appoint Councilwoman Witt as the representative. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 STREET ASSESSMENT Discussion on the proposed street assessment policy distributed by POLICY the City Administrator several weeks ago, was tabled to the next meeting. TRUNK SEWER The Council acknowledged and discussed a memo from the City Adminis- ACQUISITION trator-xecommending.support-of_the_city of Mendotals HUD funding application of a sanitary sewer system. The memo further recommended adoption of a proposed resolution requesting MWCC acquisition of the Mendota Heights trunk sewer system from the head house into Mendota at such time as the Mendota collection system is constructed. Councilman Losleben moved the adoption of Resolution No. 82-75, "RESOLUTION REQUESTING ACQUISITION OF THE 9 TO 18 INCH MENDOTA HEIGHTS TRUNK SEWER BY THE METROPOLITAN WASTE CONTROL COMMISSION". Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 LEAVE OF ABSENCE On the recommendation of Police Chief Delmont, Mayor Lockwood moved that Police Clerk Carol Bakka be granted an unpaid leave of absence from September 27 through October 1, along with approval to hire temporary clerical help during her absence. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS ZONING SIGNS Ayes: 5 Nays: 0 The Council acknowledged receipt of the Engineering Status Report for August. The Council discussed a suggestion that signs be placed on properties for which zoning or development requests have been made to notify interested parties of impending public hearings. Councilman Losleben moved to direct staff to contact communities which post properties and prepare a report and recommendations relative to preparation of an ordinance providing for the posting of properties under development consideration. Councilwoman Witt seconded the motion. DELINQUENT SEWER ACCOUNTS Ayes: 5 Nays: 0 ELECTION JUDGES Ayes: 5 Nays: 0 ELDERLY HOUSING Ayes: 3 Nays: 2, Witt Hartmann ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 1713 September 2, 1982 Councilman Mertensotto moved the adoption of Resolution No. 82-76, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES". Councilman Hartmann seconded the motion. Councilwoman Witt moved approval of a list of additional and emergency judges of electionfor the September 14th Primary Election. Mayor Lockwood seconded the mtoion. Councilman Losleben moved to direct staff to prepare and submit advertisements to Construction Bulletin soliciting proposals, including financing details, for construction of an elderly housing facility. Mayor Lockwood seconded the motion. There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:15 o'clock A.M. Atd--94- zo-cLe,4_ Robert G. Lockwood Mayor athleen M. Swanson City Clerk