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1994-02-01 Council minutesPage No. 3910 February 1, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 1, 1994 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 City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had notified the Council that she would be out of town. AGENDA ADOPTION Councilmember Smith moved adoption of the agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the January 18, 1994 regular meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move acknowledgment of the Planning Commission minutes (5a) and information on sewer rental rate increases (5d) to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Authorization an expenditure of up to $3,050 from the Police Department capitol operating budget and an amount not to exceed $1,500 from federal reimbursement funds for the purchase on one mobile and three portable radios for the police department. b. Acknowledgment of the Code Enforcement monthly report for January. c. Authorization for the purchase of two 1994 L8000 Ford trucks, to be painted orange if possible, from Lakeland Ford, through the Page No. 3911 February 1, 1994 state contract, for $63,638 including the trade -in of two existing dump trucks. d. Acknowledgment of the minutes of the January 5, 1994 NDC -4 meeting. e. Acknowledgment of a memo from Public Works Director Danielson regarding traffic signalization at T.H. 149 and Mendota Heights, and adoption of Resolution No. 94 -07, "RESOLUTION REQUESTING SPECIAL AGREEMENT FUNDS FOR THE TRUNK HIGHWAY 149 (DODD ROAD) /MENDOTA HEIGHTS ROAD SIGNALIZATION IMPROVEMENT PROJECT," with direction to staff to delete all reference to full city financing. f. Approval of the issuance of a temporary liquor license to Visitation School for its annual fund raiser to be held on February 11, along with waiver of license fee. g. Acknowledgment of the feasibility report for proposed watermain improvements to serve the Garron site located on Pilot Knob Road, and adoption of Resolution No. 94 -08, "RESOLUTION ACCEPTING PETITION, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS TO SERVE PILOT KNOB ROAD AND ADJACENT AREAS (GARRON SITE) (IMPROVEMENT NO. 84, PROJECT NO. 2A)," with direction to staff to provide a bid alternate for a reduction from 12" to 8" pipe. h. Authorization for the purchase of computer equipment from Spectrum Business Systems for its low quote of $10,025 and a Hewlett Packard Laserjet 4 printer with 8 megabytes of additional memory from Banyon Data Systems or Crabtree Companies at a cost not to exceed $2,119. i. Approval of the list of contractor licenses dated February 1, 1994 and attached hereto. j. Approval of the list of claims dated February 1, 1994 and totaling $509,005.87. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Page No. 3912 February 1, 1994 PLANNING COMMISSION Council acknowledged and briefly discussed the minutes of the January 25 Planning Commission meeting. Responding to a request from Councilmember Krebsbach, Administrative Assistant Batchelder reviewed the process being used to consider senior housing. He explained that the commission identified seven potential sites, directing staff to focus on four of the sites and report their findings at the next Commission meeting. Councilmember Krebsbach stated that she would like to have the matter on the Council's workshop agenda and would like to keep informed on the process. Mayor Mertensotto stated that he would like the Planning Commission to investigate the sites and recommend a preferred site and two alternatives to Council. SEWER RENTAL RATES Council acknowledged a memo from Treasurer Shaughnessy regarding MWCC charges and recommending sewer rate increases. Mayor Mertensotto informed the audience that until 1993 there had been no rate increase for six years and that last year the rate was increased 10%. He explained that the Treasurer is recommending that, effective April 1, the rates increase an additional 20% in order to meet the charges being imposed by the Metropolitan Waste Control Commission for treatment of the city's sewage. He stated that the current minimum charge for residential properties is $28 per quarter for a base usage of 20 100 cubic feet. He pointed out errors in the paragraphs relating to charges for multi-family units. Treasurer Shaughnessy informed Council that the MWCC has estimated the city's volume at 590 million gallons for 1994. He stated that the volume is high for a city the size of Mendota Heights and is about 200 million gallons more volume than the water which was provided to the city from St. Paul Water. Councilmember Smith moved adoption of Resolution No. 94-06, "RESOLUTION SETTING SEWER RENTAL CHARGES FOR SINGLE FAMILY DWELLING, MULTIPLE DWELLINGS, AMENITY STRUCTURES, SCHOOLS, CHURCHES, PUBLIC Page No. 3913 February 1, 1994 BUILDINGS, COMMERCIAL AND INDUSTRIAL USERS," with revisions to Section II, subsections A and B. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mrs. Elizabeth Plummer, 605 Garden Lane, presented Council with a petition from her neighborhood asking Council to refuse to allow a 681 antenna radio tower on the Pentel property, 556 Fremont Avenue. She urged Council to maintain the language in the Zoning Ordinance and not grant a variance to Ms. Pentel. Mayor Mertensotto informed the audience that since the last Council meeting, Council has heard from the 8th Circuit Court of Appeals on the Pentel litigation. He stated that Council had denied Ms. Pentel's variance request but had granted a special use permit to allow her to maintain an existing 55 foot whip antenna on her house. He stated that the Federal District Court upheld Council's action but the Court of Appeals felt that it was not within the federal mandate and reversed the District Court. The Appeals Court referred the matter to the city to work out an agreement with the property owner. He informed the audience that Council will meet with its legal counsel in closed session immediately following adjournment of this evening's regular meeting to discuss legal options and strategies. Mr. Ken Kasheimer, 568 Fremont, stated that the neighborhood residents were very disappointed with the ruling and felt that matter had been solved. He stated that the whole neighborhood is against allowing the antenna, commenting that Ms. Pentel does not use the ham radio for a job but rather for a hobby. He felt that the Pentel lot is too small to accommodate the antenna without infringing on another property. Mayor Mertensotto responded that the lot sizes in the neighborhood were a part of Council's consideration in denying the Pentel application. He informed the audience that the city spent $25,000 to $30,000 on the defense of the case and will consider options at the closed session. He stated that the Page No. 3914 February 1, 1994 court is trying to balance policing powers and the federal concern to permit amateur radios. He expressed appreciation for the neighborhood concerns. Mrs. Plummer stated that there is a misconception as to the size of the tower. She stated that an antenna tower located on Delaware Avenue is only about 40 feet tall and right next to a house, as opposed to the free- standing tower proposed by Mrs. Pentel. Mr. Scott Patrick, 536 Fremont, stated that the neighborhood is in a revival lately - many people are spending much money on their homes. He asked if it is possible that a small satellite could serve as a repeater. Mayor Mertensotto responded that a satellite may be an option, and invited the residents to submit suggestions to the Council. Mrs. Sarah Postiglione, 562 Fremont, stated that her home is next to the Pentel lot and that she is concerned about her children and other neighborhood children and the temptation ,% they might have to climb the tower. She stated that there was a lightning strike very close to the neighborhood last year and felt that this may have been because of the existing antenna on the Pentel home. She was concerned that the tower could cause lightning strikes in the neighborhood. Responding to a question from Mayor Mertensotto, Mrs. Postiglione stated that there are two very large trees in the Pentel back yard which she felt would have to be removed to make room for the tower, and that there is also a power line in the back yard. Councilmember Krebsbach asked if there is anything that would link the tower to lightning strikes. Public Works Director Danielson responded that this is a concern, since metal rods attract lightning. CASE NO. 94-01, Council acknowledged an application from Mr. WANDSCHNEIDER Michael Wandschneider, 1289 Lakeview Avenue, for a variance to construct a 144 square foot storage building within his front yard. Page No. 3915 February 1, 1994 Council also acknowledged reports from the City Planner and Administrative Assistant. Mayor Mertensotto stated that according to the planning report and Commission minutes, the home sits on the rear of the lot and on the high point of the lot. He further stated that it appears that the house is set back about 150 feet. He asked Mr. Wandschneider if he has any plans to enlarge the structure. Mr. Wandschneider responded that he plans to put an addition on the house and possibly add a garage in the future, but that he has no plans to enlarge the proposed accessory structure. Mayor Mertensotto stated that a variance would run with the property, and suggested that Council instead consider granting a conditional use permit which would permit a 144 square foot accessory structure to be located in front of the principle structure. He felt that this would give Council more control, because if Mr. Wandschneider were to sell the property in the future, the subsequent owner would that since a variance had been granted he could enlarge the structure. He suggested that an additional condition of approval be stipulated - that in the event the structure were to be damaged to more than 50% of its value, or if there were an attempt to enlarge its size, the conditional use permit would terminate. Mr. Wandschneider responded that he has no objection to the proposed condition. Councilmember Smith stated that she would prefer that the structure blend in with the house rather than with the landscaping and also suggested that landscaping be added on the side that faces the adjacent home. Mr. Wandschneider explained that there is a line of very big trees between his property and the neighbor's. Councilmember Krebsbach moved to direct to prepare the appropriate resolution to approve a conditional use permit to allow a 144 square foot accessory structure to be constructed in front of the principle structure at 1289 Lakeview Avenue, subject to the conditions Page No. 3916 February 1, 1994 recommended by the Planning Commission, except that the color of the structure must match the home, and an additional condition that the conditional use permit will automatically abate in the event that the structure sustains damage exceeding 50% or the owner attempts to enlarge the structure. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith asked Mr. Wandschneider to keep in mind the suggestion to bring shrubbery around the east side of the structure. CASE NO. 94-02, HUDSON Council acknowledged an application from the Hudson Company for a ten foot rear yard setback to allow construction of an attached warehouse addition to the Hudson Company's structure located at 1460 Sibley Memorial Highway. Council also acknowledged associated staff reports. Mr. Jim Hudson, President of the Hudson Company, and Mr. Iry Kilstofte, project architect, were present for the discussion. Mr. Kilstofte reviewed drawings of the proposed addition, explaining that Mr. Hudson proposes a 34,100 square foot addition to the existing structure. He informed Council that Mr. Hudson will apply for vacation of a utility easement which is just south of the existing building. A hydrant and the water line which feeds the hydrant are located within the easement area and will need to be relocated to allow construction of the addition. He explained that Mr. Hudson is asking Council for a 10 foot variance from the 50 foot rear yard setback requirement, to allow the addition to be constructed 40 feet from the rear property line. He stated that a utility easement for sanitary sewer exists on the rear portion of the site but given the alignment of the existing facility and the proposed alignment of the proposed addition, the structures will be about five feet from the easement. Mayor Mertensotto asked if the applicant will also be requesting a vacation of the sanitary sewer easement. Page No. 3917 February 1, 1994 Public Works Director Danielson stated that there are two lots involved and the applicant will request a vacation of the utility easement that runs on the lot line between the lots. The applicant proposes to relocate the water line and the hydrant to a location which will be determined by the city's fire marshal. Mr. Hudson informed Council that he will pay for the cost of relocating the hydrant and the water line needed to serve it. Mr. Kilstofte informed Council that parking will be provided at the front of the warehouse and that truck loading docks will also be at the front of the addition, similar to the existing warehouse. He stated in order to handle drainage at the rear of the site catch basins and a manhole will be installed in the easement area, and that a ponding area will be created. He informed Council that the existing line of pine trees will be retained and that a landscaping plan has been submitted to show the additional landscaping which will be provided. Mayor Mertensotto asked if Mn/DOT has reviewed the drainage plan. Public Works Director Danielson responded that city staff has reviewed the plan and that it will be submitted to Mn/DOT for approval. Mayor Mertensotto asked if the rear of the building will be visible from new Highway 13 and what it will look like. Mr. Hudson responded that it will likely be visible after the woodpiles are removed from the McNeill property. Mr. Kilstofte showed Council a drawing of the front of the building, which faces existing T.H. 13, and stated that the rear of the structure will match the white face and decoration used on the front and will have the company logo but no signage. He explained that the rear of the structure will be finished essentially the same as the front of the facility. Councilmember Krebsbach stated that she would like to see more landscaping to screen to the east (rear) of the building. Page No. 3918 February 1, 1994 Mr. Hudson responded that he has agreed to provide a landscaping plan for this area in the future but would like to wait until the addition is completed to see how high it looks. He also stated that some of the refrigeration pipes will need to be vented at the (bottom) rear of the structure and informed Council that the heating and ventilation units will be screened. Public Works Director Danielson stated that there are utility lines to the rear of the lot and it is not advisable to landscape too close to them. Councilmember Krebsbach stated that she would appreciate a real effort to landscape and screen the rear of the structure to soften its appearance. Councilmember Smith stated that she would like to see some clustering of landscaping to the rear. Mr. Hudson explained that there are trees on the McNeill site, and that he will do something with landscaping when the site is cleaned up and he can see what it looks like. He stated that Mr. McNeill has approached him with respect to the purchase of the property but that he does not want to do anything about purchasing the land until environmental concerns are taken care of. Responding to a Council question over vandalism potential at the rear of the building, Mr. Hudson stated that there will be no rear doors or loading docks, so there should not be any potential for vandalism. Mayor Mertensotto suggested that Mr. Hudson complete the berming that is proposed while the dirt is being moved around during construction of the addition and that he submit a landscaping plan after the structure has been completed. Mr. Kilstofte stated that one of the Planning Commission members had raised the question of berming on the west side, along T.H. 13, but this cannot be done because the highway is lower than the site and berming would have to be very steep. Mr. Hudson informed anticipates putting operation by July 1. Page No. 3919 February 1, 1994 Council that he the addition into Councilmember Huber asked how many trips will be made in and out of the site when the new facility is completed. Mr. Hudson responded that the addition will primarily be used for long-term storage of frozen products, and that while he does not know exactly how many new trips there will be he did not anticipate there will be much impact on traffic. Councilmember Huber stated that he is concerned about whether additional signage will be needed on T.H. 13 to alert traffic on the highway that trucks will be entering and leaving the site. Public Works Director Danielson responded that since T.H. 13 is a state highway, signage is out of the city's jurisdiction but that he will bring the matter to Mn /DOT's attention. Councilmember Krebsbach stated that she would appreciate it if Mr. Hudson will encourage the truck traffic not to use T.H. 110 if possible. Mr. Hudson responded that he would do so, and that he currently tells the drivers to come to the site from 1-494. Councilmember Smith stated that there will be much additional impervious surface with the addition and asked if the ponding area is sufficient to handle drainage so that it does not become a problem. Public Works Director Danielson responded that staff is currently studying the drainage and that the applicant will need a permit for Mn/DOT before doing any grading on T.H. 13 right-of-way. Mayor Mertensotto expressed concern over lighting and advised Mr. Hudson to provide lighting which will not extend a distance from the site or create a "sky glow." Councilmember Krebsbach moved approval of a 10 foot rear yard setback variance to allow construction of an addition to the Hudson Page No. 3920 February 1, 1994 Company facility as proposed, 40 feet from the east property line, subject to the following conditions: 1. That relocation of the existing hydrant be subject to by the Fire Marshal and Public Works Director. 2. That the storm water ponding plan be subject to approval by the Public Works Director and Mn/DOT. 3. That the applicant petition for a vacation of the utility easement to the south of the existing structure. 4. That loading dock screening be installed along T.H. 13. 5. That external lighting for the proposed warehouse be consistent with the existing lighting on the existing building. 6. That a landscape plan be submitted for approval no later than the first City Council meeting in August, 1994. 7. That the owner encourage truck operators to use Highways 55, 13 and 1-494 to lessen truck traffic on T.H. 110, and approval of the issuance of a building permit subject to plan review and approval by the Code Enforcement office. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 WATER TOWER Council acknowledged a memo from the Public MAINTENANCE Works Director regarding water tower painting and repairs and a report from AEC Engineers evaluating the condition of the water tower. Mr. Jack Kolmer, from AEC, briefly reviewed the report for Council and the audience. Mayor Mertensotto stated that it is obvious from the report that the recommended painting and repairs must be done, at an estimated cost of $600,000. He stated that it has only been 14 years since the tower was constructed and that he hopes it will be at least 20 years before repairs are again needed. He informed Page No. 3921 February 1, 1994 Mr. Kolmer that the panels on the outside of the tank are not for decorative purposes but are there to prevent buckling of the tank panels. Mr. Kolmer responded that he is aware of the history of the tank and the decorative panels and that the cost of tank painting will be substantially increased because of the panels. Councilmember Krebsbach questioned the original quality of the tank. She stated that the report indicated that if there had originally been a proper internal coating the tank might have held up better, but noted that while it was stated that a cathotic protection system would provide better protection it has not been included in the bid. Mr. Kolmer responded that the coating proposed will do what is needed but that a cathotic system would be better. He explained that the initial coating failed before its time and if it had been properly installed should have lasted longer than 13 or 14 years. He stated that a cathotic system would add about $15,000 to the estimated cost of the repairs and would add to the cost of maintenance. Councilmember Krebsbach stated that since the tank is troublesome, she feels that the cathotic system should be installed. Mr. Kolmer responded that the cathotic system inspection and system component replacement would need to be done every five years at an approximate cost of $3,000 to $4,000, and coating maintenance may also be needed at the same time. Without the protection system, inspection and component replacement would need to be done every three to four years. Mayor Mertensotto stated that he questions what benefit a cathotic protection system would provide since the water provided by the St. Paul Water Department is treated. He further stated that he suspects that the tank corrosion occurred before the tank was put into operation. He noted that cathotic protection can be included as a bid option. Public Works Director Danielson stated that he will contact St. Paul Water to see whether it uses cathotic protection in its tanks. Page No. 3922 February 1, 1994 Councilmember Huber asked about containment and removal of lead based paint, as was referenced in the report. Mr. Kolmer responded that the report reference to lead content was included in error - it is standard language which should have been removed - and that there is no potential for hazardous waste. Mayor Mertensotto asked why there is the need to spend $45,000 for engineering specifications when the report is very detailed and the coating has been specified. Mr. Kolmer responded that the fee will cover the cost of putting together plans and specifications, working through the bid process and selecting the lowest qualified contractor, and ensuring that the contractor performs to specification. He stated that there are other firms, besides AEC, which would bid on preparing the plans, etc. Responding to a question from Councilmember Krebsbach regarding the project cost estimates, Mr. Kolmer stated that his firm has been in business for 13 years and the estimate is based on history. He informed Council on the factors used to estimate the costs for interior coating and exterior painting stating that about $97,000 was added to the project because of the decorative panels. He estimated that it would take 425 man hours to fix original manufacturing defects. Councilmember Huber asked if there are any options available with respect to the decorative panels, asking if the panels are the best approach. Mr. Kolmer responded that there are other options, such as removing the panels and allowing the buckles to show. Councilmember Krebsbach asked what the cost of a new tank would be. Mr. Kolmer responded that a new tank would cost $1.7 to $1.8 million, but if the existing tank is maintained it could possibly last forever. He stated that another option would be to remove the decorative panels, replace the straight side and rebuild the reservoir, but that this would be very costly. Page No. 3923 February 1, 1994 Councilmember Huber stated that he is not only concerned about the initial $97,000 but also about the cost of financing for 20 years. Mayor Mertensotto stated that Council could take another look at removing the panels. Mr. Kolmer informed Council of a tank in Burnsville that has buckles in its top three tiers, and stated that the Mendota Heights tank would look similar if the panels were removed. He suggested that the Councilmembers view the tank, and stated that he would be happy to give an estimate, at no additional cost to the city, for removal of the panels. Mayor Mertensotto asked if there is any cost added to the project because of the U.S. West antennas located on the tower. Mr. Kolmer responded that there is little added cost. Administrator Lawell informed Council that the contract with U.S. West stipulates that it must bear the cost. Mayor Mertensotto asked Mr. Kolmer to provide Council with the information on removal of the panels and to also address cathotic protection. He asked about the projected timetable for the project. Mr. Kolmer responded that he recommends that the work be done in the spring of 1995, which would take the tank out of service in April or May. He explained that hiring an engineering firm and letting the bids would need to be done in late summer, 1994. Mayor Mertensotto expressed concern that the tank not be out of service during the summer months when there is the greatest potential need for water for fire fighting purposes. He asked Mr. Kolmer to keep Council informed and stated that the Council will view the Burnsville tank and ask staff to gather information on St. Paul's use of cathotic protection. LEXINGTON HEIGHTS Council acknowledged a memo from Administrator APARTMENTS REFINANCING Lawell regarding continued discussion on a request from Mr. Jim Riley for the issuance of the city's multi-family housing revenue bonds Page No. 3924 February 1, 1994 Administrator Lawell stated that Piper Jaffray Hopwood provided copies of the proposed joint powers agreement between the city and Maple Grove, but since that time, Maple Grove has made some minor changes. He explained that if Council wishes to allow the process to continue, a public hearing will be set for March 15. He stated that before that date, an agreement would need to be reached over the changes. Mr. Riley stated that all he is asking this evening is for Council to call for the March 15 public hearing. Mayor Mertensotto stated that at the last Council meeting, the matter was discussed extensively and that it was agreed that the issue of fees would be resolved this evening. Mr. Riley briefly reviewed the city staff memos and meeting minutes which had been included in the agenda packet. He informed Council that when he asked for refinancing in 1990 it was his intent to go to permanent financing but he did not do so because interest rates skyrocketed. He stated that interest rates are down now and that what he is requesting is basically a continuation of what was discussed at that time. With reference to the January 28, 1994 memo from the City Administrator, he agreed that the bond documents from 1990 do provide for a conversion to fixed rate bonds, that would not require council authority or a hearing, fee, etc. He felt that what he is currently proposing is a finalization of the bond issue discussed in 1991. He referred to the city's resolution setting guidelines for issuance of housing revenue bonds, stating that the document indicates that the applicant is to pay a fee from the bond proceeds. He stated that in this case the proceeds can only be used to pay off previously existing bonds and felt that the requirement is intended only for new projects. He stated that the only reason he did the refunding in 1990 was because the then-current financing was about to expire and the interest rates were so high that he could not convert to permanent financing. He felt that there should not be any fee because what he is requesting is a continuation of existing financing. He informed Council that Maple Page No. 3925 February 1, 1994 Grove does not charge any fees, and that while he could have asked Maple Grove to do the issuing, he cannot do so now because he does not have enough time. Mayor Mertensotto stated that the city resolution referred to by Mr. Riley states that a schedule-based fee will be charged in consideration of the city acting as a financing conduit for the issuance of bonds. He pointed out that this will be a new bond issue and stated that in the absence of any record (in 1990) that there would be no further financing fee, the provisions of the resolution are applicable. He stated that, according to the schedule, the fee would be $35,000. He informed Mr. Riley that the resolution states that fees generated under the terms of the resolution should be used for the furtherance of general community housing goals. He suggested to Council that the fee for the proposed refinancing be set aside for senior citizen housing. He explained that the city's community development block grant allocations which have been set aside for this purpose will not be sufficient if housing is constructed in the next two years. He stated that the original fee paid by Mr. Riley in 1990 was $15,000 and the full fee on the $11 million issue would be $35,000 under the fee schedule. He felt very strongly that the city should require payment of the fee. Councilmember Huber stated that he realizes this was intended to have an easy conversion but some things have changed and those changes are outside of Council's control. He further stated that a joint powers agreement for financing is apparently in Mr. Riley's best interest, and that the changes which have occurred are to Mr. Riley's benefit. He stated that while he is not opposed to requiring a fee, he felt that the fee should based on the $11 million Mendota Heights portion of the issue and that Mr. Riley should be given credit for the $15,000 fee paid in 1990. He stated that he did not feel that a $20,000 fee is unreasonable. Mayor Mertensotto pointed out that Mr. Riley must also submit a $2,500 deposit to reimburse the city for any costs it may incur. He stated that it must also be made very specific that there is no intention on the part of Ayes: 4 Nays: 0 Page No. 3926 February 1, 1994 Council to share the $20,000 fee with the City of Maple Grove. Councilmember Smith stated that she feels a fee is appropriate and that many of the points raised by Mr. Riley are subject to interpretation. She pointed out that the resolution states that the city will allow, but does not mandate, payment of the fee out of the bond proceeds. Acting City Attorney Evan Coobs informed Council that apparently there has been an interpretation of the new language proposed by Maple Grove that it wants part of the fee, but that he believes that what Maple Grove wants it to be reimbursed for its expenses. Councilmember Smith moved adoption of Resolution No. 94 -09, "RESOLUTION GIVING PRELIMINARY APPROVAL TO REFUND THE CITY OF MENDOTA HEIGHTS, MINNESOTA, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT( SERIES 1991A AND SERIES 1991B AND TO REFUND THE CITY OF MAPLE GROVE, MINNESOTA, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (EAGLE RIDGE APARTMENTS PROJECT) SERIES 1991A AND SERIES 1991B AND APPROVING ENTERING INTO A JOINT POWERS AGREEMENT WITH THE CITY OF MAPLE GROVE, MINNESOTA, TO AUTHORIZE THE ISSUANCE OF REFUNDING BONDS ON ITS BEHALF," subject to submission of a $2,500 deposit to cover city costs and with the understanding that there will be a $20,000 fee payable to the city, to be earmarked for the senior citizen housing program, and with the further condition that the joint powers agreement be amended to stipulate that the fee is not to be shared with any other entity. Councilmember Krebsbach seconded the motion. With respect to Lexington Heights Apartments fire safety issues addressed in the City Administrator's memo, Council informed Mr. Riley that it will expect him to bring the property into compliance with all code requirements. COMMISSION APPOINTMENTS Council acknowledged a memo from Administrator Lawell regarding the need for the reannointment of Plannina and Parks and Page No. 3927 February 1, 1994 Recreation Commission members whose terms expired on January 31. Council also acknowledged a letter of resignation from Ron Rogosheski from the NDC-4. Councilmember Huber moved to accept Mr. Rogosheskils resignation from the NDC-4, effective February 1, 1994. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to reappoint Mike Dwyer, Dan Tilsen and Bernard Friel to three year terms on the Planning Commission, Carol Damberg, Steven Kleinglass and Stan Linnell to three year terms on the Planning Commission, and to appoint Mike Sokol to Ron Rogosheskils unexpired term on the NDC-4. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Administrator Lawell informed Council that Airport Relations Commission member William Healey has moved out of the city. Councilmember Huber moved to declare a vacancy on the Airport Relations Commission and to direct staff to advertise the vacancy in the local newspapers. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 COUNCIL WORKSHOP Council acknowledged a memo Administrator regarding the Council workshop to discuss department staffing issues, redevelopment options and t] preservation status. from the City need to schedule a engineering Curley/SOS ae Burows Farm Councilmember Huber moved to conduct a Council workshop on Wednesday, February 23 at 7:00 p.m. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PENTEL LAWSUIT Council acknowledged a memo from the City Administrator recommending that Council conduct a closed attorney/client privileged workshop following this evening's meeting to Page No. 3928 February 1, 1994 discuss the city's legal options regarding the Pentel lawsuit. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to closed session for discussion on legal options with respect to the Pentel lawsuit. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:10 o'clock P.M. Xathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 1, 1994 Concrete License E.L. Bulach D & S Cement Eckert & Son Masonry Inc Poured Foundations Inc. Charles Zwinger Inc. Excavating License Weierke Trenching Gas Piping License Allied Firesid dba Fireside Corner & Heat -n -glo Boehm Heating Co. Parsons Plumbing & Heating General Contractors License B.L. Dalsin Company Determan Welding & Tank Service Grinnell Fire Protection Systems Co. 3M Metro Siding Norbys Carpentry Service Tappe Construction Co. United Properties Construction Management HVAC License Boehm Heating Co. Gopher Heating & Sheetmetal Inc. Harris Air Systems, Inc. Parsons Plumbing & Heating Sylvander Heating Drywall License Citywide Insulation K.M. Nelson Stucco Inc. Charles Zwinger Inc. Sign License Midway Sign Co. Cigarette License Mendakota Country Club Tom Thumb Store #264