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1987-04-22 Council minutesPage No. 2420 April 22, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, April 22, 1987 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, 750 South Plaza Drive, 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 Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Witt moved adoption of the agenda for the meeting, including items contained in the add- on agenda. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF Councilmember Hartmann moved approval of the MINUTES minutes of the April 7th meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, deleting 5g, Approval of Rubbish Hauler Licenses, placed on the agenda in error, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the minutes of the April 6th Park and Recreation Commission meeting. b. Acknowledgment of the Fire Department monthly report for March. c. Acknowledgment of the Treasurer's revised report for March. d. Approval of the List of Claims dated April 22, 1987 and totalling $266,920.41. e. Approval of the list of contractor license$ dated April 22, 1987 and attached hereto. Page No. 2421 April 22, 1987 f. Approval of the issuance of Cigarette Licenses to Snyders Drug Store and Somerset Country Club. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 ( HEARING -- ALLEY Mayor Mertensotto opened the meeting for the VACATION purpose of a public hearing on the proposed vacation of a 10 foot alley located at the rear of Lots 3 through 8 of the Cherokee Park Heights Addition. TARGET ISSUES Ayes: 5 Nays: 0 PERSONNEL Public Works Director Danielson informed the Council and audience that the City initiated the hearing at the request of William Neish, 572 Hiawatha. He stated that City and County maps indicate that the alley has been vacated at some time in the past but that vacation documents have never been recorded with the County. He recommended that the alley be vacated, subject to submission of 10 foot utility and drainage easements by adjacent landowners. Mayor Mertensotto asked for questions and comments from the audience. Mr. Bill Treuder, 564 Hiawatha, stated that he understood that the alley had been vacated some time ago and that he was present because he thought the City was considering re-acquiring the alley easement. Public Works Director Danielson informed Council that Mr. Neish had planned on being present later in the meeting. Action on the matter was delayed to later in the evening. The Council acknowledged and discussed the 1987/88/89 Target Issues and Priority list determined by Council at its April 11th workshop. Councilmember Cummins moved to adopt the target issues and priority list as changed to move the Highway 110/Lexington Intersection to priority 19 and Ordinance Codification to priority 23. Councilmember Blesener seconded the motion. The Council acknowledged a memo from the City Clerk recommending that Mary Jean Erickson be appointed to the Receptionist/Clerk-typist position. Page No. 2422 April 22, 1987 Mayor Mertensotto moved to grant probationary appointment to Mary Jean Erickson as Receptionist/Clerk-Typist, effective April 23rd, at Step B, Grade I of the 1987 pay matrix. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 ( / BLOCK GRANT FUNDS The Council acknowledged and discussed a report from the City Administrator informing the Council that if it is still Council's intent to use Community Development Block Grant Funds to provide assistance for the northend project, the funds must be used for providing grants to eligible homeowners and cannot be used to provide interest free loans under federal regulations. Councilmember Hartmann moved that the Council's intent with respect to the use of CDBG funds for the northend project be changed to reflect that the loan program approved for the project will instead be a grant program to comply with new federal regulations and that the residents who will be affected be so notified. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 LEGISLATIVE The Council acknowledged an add-on agenda item from ISSUES the City Administrator regarding the City's position on legislative issues addressed in League of Minnesota Cities Action Alerts. Council directed that the Administrator contact the City's legislative representatives by phone, and by follow-up letters opposing the additional levy limit and sales tax on City purchases and supporting the fiscal disparities bill. PARK PLACE The Council acknowledged and discussed the final plans and specifications for improvements to serve the Park Place Addition and adjacent areas. In response to a Council question, Public Works Director Danielson stated that the Zwach and Nelson easements have not yet been acquired and that, if necessary, the project can be done without the easements. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 87-34, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE PARK PLACE SUBDIVISION (IMPROVEMENT NO. 86, PROJECT NO. 12)." Councilmember Hartmann seconded the motion. , ALLEY VACATION I HEARING CONTINUATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 IOS ASSESSMENT HEARING Ayes: 5 Nays: 0 Page No. 2423 April 22, 1987 Councilmember Blesener felt that the lot which the developer proposes to use as a tot lot should be dedicated to the City or that the City should be given the right of first refusal over the lot should it ever be proposed for development. Mayor Mertensotto reconvened the hearing on the proposed vacation of an alley in the C.D. Pierce Addition and asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed at 8:02 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87 -35, "RESOLUTION APPROVING VACATION OF AN ALLEY," on the basis that the recording documents will not be filed until executed utility easements are received from adjoining property owners. Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the IOS Plaza Addition and adjacent areas. Mayor Mertensotto asked for questions and comments from the audience. It was noted that no written communications had been received from affected property owners. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87 -36, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWERS, LIFT STATION AND FORCE MAIN TO SERVE I.O.S. PLAZA ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 82, PROJECT NO. 7) . Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 PONDS OF MENDOTA The Council acknowledged and reviewed the final HEIGHTS FINAL PLAT plat for The Ponds of Mendota Heights. There was INDUSTRIAL PARK STREET LIGHTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 NORTH END STREETS CALLAHAN PROPERTY PARK STUDY Ayes: 5 Nays: 0 AIRCRAFT NOISE, COMPREHENSIVE ) PLAN AMENDMENT Page No. 2425 April 22, 1987 The Council acknowledged and discussed the feasibility study on the proposed business park street light project. Councilmember Hartmann moved adoption of Resolution No. 87-37, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING FOR STREET LIGHT IMPROVEMENTS (IMPROVEMENT NO. 86, PROJECT NO. 11)," the hearing to be conducted on May 19th. Councilmember Cummins seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 87-38, "RESOLUTION CALLING FOR HEARING ON ESTABLISHMENT OF SPECIAL SERVICE DISTRICT," the hearing to be held on May 19th. Councilmember Cummins seconded the motion. The Council acknowledged a memo from the Public Works Director regarding north end street paving. The Council acknowledged and discussed a report from the Public Works Director regarding filling on the Callahan property on Marie at Dodd. Staff was directed to notify the developer that grading of the property must be in conformance with the provisions in the developer's agreement. The Council discussed an add-on agenda memo and recommendation from the City Administrator that Barton-Aschman Associates prepare a study and analysis of potential athletic complex sites south of Mendota Heights Road and east of Dodd Road. Councilmember Cummins moved to authorize the Mayor and City Administrator to negotiate and enter a contract with Barton-Aschman Associates for a detailed study of the Riley property for a community athletic complex site, at a maximum cost of $3,000. Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on adoption of the Metropolitan Council's model ordinance for aircraft noise attenuation. Administrator Frazell informed the Council that the Legislature has adopted enabling legislation but that the bill has not yet been signed by the Governor. He also stated that it has been Ayes: 5 Nays: 0 HEARING -- MARRIOTT LIQUOR LICENSE Ayes: 5 Nays: 0 Page No. 2424 April 22, 1987 discussion over the termination of Warrior Drive. Council directed that it be well documented in all records that Warrior Drive is to terminate in a cul-de-sac and that the street is not intended to be extended in the future. Mayor Mertensotto felt that it should terminate in a dead-end instead of constructing a cul-de-sac at less than normal City requirements. Public Works Director Danielson stated that there is sufficient space within the right-of-way to construct a cul- de-sac to City standards. Councilmember Cummins moved adoption of Resolution No. 87-40, "RESOLUTION APPROVING FINAL PLAT FOR THE PONDS OF MENDOTA HEIGHTS," and that a turn-around be constructed within the existing right-of-way at the north end of Warrior Errive. Councilmember Blesener seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Marriott Corporation for limited service hotel liquor license and special Sunday liquor license for the Marriott Courtyard Hotel. Mr. Terry Hedlund, the Marriott's regional director for food and beverage, was present for the discussion. The Council acknowledged reports from the Police Chief and City Clerk relative to investigations completed on the application. Police Chief Delmont, present for the discussion, informed Council that the investigation results are very favorable and that he is planning a trip to Virginia to visit Marriott Courtyard facilities to confirm that the operations will conform to the requirements of the limited service hotel license. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:24 P.M. Councilmember Blesener seconded the motion. It was noted that under the provisions of the Liquor Ordinance, action on the application cannot be taken until the next regular Council meeting. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FAA PART 150/ FLIGHT CORRIDOR POSITION STATEMENT Ayes: 5 Nays: 0 Page No. 2426 April 22, 1987 recommended that the Southeast Area Comprehensive Plan Amendment be resubmitted to the Metropolitan Council, but that since a study of the area south of Mendota Heights Road and east of Dodd for an athletic complex site has been authorized, he recommends that only that portion of the amendment which includes the LR designation be resubmitted. Mayor Mertensotto asked for questions and comments from the audience. Mr. Bernard Friel, the City's MASAC representative, expressed his support for adoption of the ordinance. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed at 8:43 P.M. Councilmember Witt seconded the motion. Councilmember Cummins moved that that portion of the Southeast Area Comprehensive Plan Amendment which is bounded on the north by the Noise Zone 4 line, on the west by Huber Drive, on the south by the planned extension of Mendota Heights Road and on the east by Delaware Avenue be resubmitted for approval by the Metropolitan Council. Councilmember Blesener seconded the motion. The Council acknowledged and discussed reports from the City Administrator regarding the FAA Part 150 noise abatement program and a proposed joint position statement with the City of Eagan on aircraft flight corridors. MASAC representative Bernard Friel reviewed the recent MASAC vote on Part 150. The Council discussed the noise contours and also the noise generated by reverse thrust from take- offs over Minneapolis. Councilmember Blesener moved adoption of Resolution No. 87 -39, "RESOLUTION GIVING QUALIFIED SUPPORT TO METROPOLITAN AIRPORTS COMMISSION PART 150 LAND USE MANAGEMENT PLAN." Councilmember Witt seconded the motion. The Council discussed and modified some of the language in the position paper. Council emphasized Ayes: 5 Nays: 0 COUNCIL COMMENTS ADJOURN Ayes: 5 Nays: 0 Page No. 2427 April 22, 1987 that it is not the intention of either City to open discussion on the preferential runway system but rather is a matter of confining the aircraft within the corridor. Councilmember Blesener moved adoption of the Joint Position Statement on aircraft flight corridors. Councilmember Cummins seconded the motion. It was the consensus of Council that the City Hall committee meeting be postponed to 7:15 A.M. on May 5th. Councilmember Witt suggested that staff contact the League of Cities regarding ordinance codification. Councilmember Cummins stated that hunting dogs are being trained around the ponds in Copperfield and disturbing wildlife. He asked that staff look into the matter. There being no further business Council, Councilmember Hartmann meeting be adjourned. Councilmember Witt seconded the to come before the moved that the motion. TIME OF ADJOURNMENT: 9:23 P.M. Atahtfv.)712)48404`6"- K thleen M. Swanson City Clerk ATTEST: „g, -1r,,Otviez:74-ht Charles E. Mertensotto Mayor