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1985-05-07 Council minutesPage No. 2251 May 7, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 7, 1985 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 Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the agenda for the meeting including additional items contained in the add-on agenda. Councilmember Witt seconded the motion. Councilmember Cummins moved approval of the minutes of the April 16th meeting with corrections and approval of the minutes of the April 30th meeting. Councilmember Hartmann seconded the motion. Councilmember Hartmann 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. a. Acknowledgement of a letter to Mr. & Mrs. Eugene Gonsowski regarding removal of a parking pad. b. Acknowledgment of the Code Enforcement monthly report for April. c. Acknowledgment of the minutes of the April 23rd Planning Commission meeting. d. Acknowledgment of a memo on summer help. e. Approval of the List of Claims dated May 7, 1985 and totalling $163,789.20. f. Approval of the list of contractor licenses, granting licenses to: Page No. 2252 May 7, 1985 Excavating Licenses: Industrial Utilities, Inc. Junek Excavating Company Wm. Murr Plumbing, Inc. Southview Sanitation Raymond E. Haeg Plumbing,Inc. Larson Excavating, Inc. Masonry License: Dan Dietrich Construction, Inc. General Contractor Licenses: J and D. Builders, Inc. AAA Builders, Inc. Donnelly Stucco L.H. Sowles Company B.J. Larson Remodeling & Construction Company Gas Piping License: Thermex Corporation Heating and Air Conditioning Licenses: Gopher Heating and Sheet Metal, Inc. Metropolitan Mechanical Contractors, Inc. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 PARKING REGULATIONS The Council acknowledged and discussed a memo and proposed ordinance restricting semi parking. Ayes: 5 Nays: 0 LEMAY LAKE Councilmember Witt moved to direct staff to proceed with preparation of a comprehensive, consolidated parking ordinance. Councilmember Hartmann seconded the motion. The Council acknowledged a memo from the Public Works Director responding to a request for help from Mr. and Mrs. Miles Bredvold about the rising level of LeMay Lake. Mrs. Bredvold, present for the discussion, stated that their property has already been partially destroyed: two acres of their land are now under water and many trees have been lost. She stated that if they were to decide to sell their property it would be very difficult to sell under current conditions. Mayor Lockwood stated that for involvement of public financing in a personal problem such as this, the Council would possibly want to limit the expenditure to the protection of the Bredvold home and garage. He informed the Bredvolds that the only way the City SIDEWALK REQUEST FIRE MARSHAL Ayes: 5 Nays: 0 NORTH END STREET IMPROVEMENTS Ayes: 4 Nays: 1 Hartmann Page No. 2253 May 7, 1985 could expend public funds other than for protection of the structures would be to initiate a public improvement project to be financed by assessments. He felt that the City could offer no immediate solution to the problem of the rising lake level but indicated that he could see no reason why the City could not be doing some sandbagging to protect the structures if necessary. Councilmember Witt suggested that perhaps the Bredvolds should seek an abatement of taxes for the land which is under water. The Council acknowledged a request from Mrs. M.V. Seymour for construction of a sidewalk along Emerson Avenue between Dodd Road and Delaware Avenue. Councilmember Witt stated that she does not think the City should construct sidewalks and that the Council should not change its policy in that regard. Staff was directed to respond to the letter, explaining the City's position on sidewalks. Mayor Lockwood moved to accept, appreciation for past services, Gene Lange from the position of Councilmember Witt seconded the Administrator Frazell introduced recently appointed Fire Marshal, with regret and the resignation of Fire Marshal. motion. Mr. Paul Kaiser, the to the Council. Mayor Lockwood informed the audience that at the public hearing on proposed North End area street improvements held on April 16th, the Council had suggested that those property owners interested in a complete project including curb and gutter should submit a petition for such improvements. He stated that a petition for curb and gutter, signed by seventeen residents on Hiawatha and Garden Lane, has been received. He then read the petition for the audience. The Council, with input from several members of the audience, discussed the proposed improvements and potential assessment rates. After lengthy discussion, Councilmember Cummins moved to conduct a feasibility hearing on proposed North End area street and storm sewer improvements on June 4th and to direct staff to prepare a more categorized estimate of costs. Councilmember Blesener seconded the motion. Page No. 2254 May 7, 1985 RECESS Mayor Lockwood called for a recess at 9:13 P.M. The meeting was reconvened at 9:22 P.M. HEARING -- UNITED PROPERTIES P.U.D. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilmember Cummins moved approval of the issuance of a building permit for Phase I of the Southridge Business Center subject to staff review and approval of the plans. Councilmember Blesener seconded the motion. ) Ayes: 5 Nays: 0 Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from United Properties for a conditional use permit for Planned Unit Development, along with consideration of preliminary plat and building permit approval. Mr. Dale Glowa, representing United Properties, stated that the proposed site, located on the north side of Mendota Heights Road between Pilot Knob Road and Transport Drive, consists of 12 acres of land. He indicated that the proposed Southridge Business Center development would consist of approximately 155,000 square feet of office/ warehouse space, and would be an upscale research and development project. Mr. Glowa briefly reviewed the schematic plans for the proposed development and requested Council approval of a building permit for phase one of the project along with conditional use permit and preliminary plat approvals. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 9:35 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved the adoption of Resolution No. 85-32, "RESOLUTION APPROVING UNITED PROPERTIES PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT." Councilmember Blesener seconded the motion. CASE N0. 85-02, KUBES LOT DIVISION The Council reviewed an application from Mr. Raymond Kubes for the division of a parcel of land described as 645 Callahan Place into two lots. After brief discussion, Councilmember Witt moved the adoption of Resolution No. 85-33, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 30, WILLOW SPRINGS Ayes: 5 Nays: 0 CASE N0. 85-06, REDDING Ayes: 5 Nays: 0 CASE NO. CAO 85-03 TAURINSKAS Ayes: 5 Nays: 0 MN/FSL GENERAL CONTRACTOR LICENSE Page No. 2255 May 7, 1985 ADDITION, SECTION 25, TOWNSHIP 28 NORTH, RANGE 23 WEST." Councilmember Cummins seconded the motion. Mayor Lockwood moved to grant a 2'8" variance from the front yard setback requirement at 2331 Pueblo Drive (W. Redding property) to allow construction of an addition. Councilmember Witt seconded the motion. Councilmember Cummins moved to waive the Critical Area Ordinance public hearing requirement and grant a 15 foot variance from the 40 foot critical area bluffline requirement for Lot 13, Block 1, Ivy Falls West 2nd Addition. Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a fact-finding discussion relative to the Mn/FSL general contractor license. He observed that there were several Delaware Crossing homeowners present to share discourse on problems they have experienced in the Delaware Crossing area. He stated that the matter was originally scheduled for April 2nd to hear about performance of the contractor but that the discussion was tabled to tonight in order to provide the property owners and contractor an opportunity to get together to discuss the problems. Councilmember Cummins stated that for the benefit of those who are unclear on the proceedings, the matter before the Council is to take testimony to review the conduct of Mn/FSL as a general contractor in Mendota Heights. He stated that the firm is a developer and contractor in Delaware Crossing and the agenda item deals specifically with a proposal to consider revoca- tion or suspension of the general contractor license. Councilmember Cummins pointed out that the Council has heard of defective construction practices and failure to repair defects along with misrepresentations by the contractor. He stated that he has experienced problems with the firm after having purchased a home in Delaware Crossing which was constructed by Fasenden (Builders) in 1982. Councilmember Cummins pointed out that the attitude of Mn/FSL has been that they refused to deal with problems in a meaningful way. They have been more active in repairs since the license Page No. 2256 May 7, 1985 revocation consideration has come before the Council but have not in the past three weeks made any meaningful efforts to negotiate protective covenants. Councilmember Cummins stated that he has judged Mn/FSL as not being suitable to be a general contractor in the City. He stated that he believes that after hearing the testimony of the property owners the Council may arrive at the same conclusion and that if the City's licensing regulations are to have any meaning he believes the discussion should result in suspension or revocation. Councilmember Cummins stated that since he has an interest in the matter he would withdraw from the Council table for the discussion and subsequently vacated the Council table. City Administrator Frazell distributed communications received from Tom Balyk, Mn/FSL'S counsel, at the beginning of the meeting. Mayor Lockwood opened the meeting for presentations by the Delaware Crossing property owners. Dr. Ed Hanton, 2381 Apache Court, stated that he picked out a lot and Mn/FSL built his home. On August 30, 1983 the closing occured and his family moved into the home on the same date. He stated that at that time many items were left undone but his family was under time constraints and had to move in at that time. He stated that Mr. McKinstry gave his word that they (Mn/FSL) would deal with the problems. On the Thursday before Labor day he had 1 to 2 inches of water in his basement and called a plumber who came out to the house. On Labor Day morning they had another 2 inches of water in the basement. The plumber said that it appeared that a connection between the house and the sewer was not in tact. On Tuesday morning his driveway disappeared and it was discovered that the drain was not connected to the sewer. He stated that he was told that in the backfilling it must have been moved but felt that that could not have been possible. He stated that the problem got resolved but that they did get water in their basement at a later date. Mn/FSL later suggested that the problem was that his line was filled with sanitary napkins: Dr. Hanton stated that at that time his family had resided in the home for no more than two weeks, that nothing would support the Mn/FSL suggestion, and that he felt the suggestion was "a line of baloney." He Page No. 2257 May 7, 1985 stated that he still does not think the line is properly connected to the City sewer system. Dr. Hanton stated that many other things have not been fixed. He was told by Mn/FSL that the problem with the whirlpool could be solved by filling the water above the drains and then blowing into the drains to prime them to get them to work: this did not work. It has been two years and the whirlpool still doesn't work. He stated that last Thanksgiving he had a family party and happened to look out a window and saw a rat running across his yard and heading for the sewer. He contacted the Health Officer the next day and the Health Officer subsequently walked the neighborhood and commented to Mrs. Hanton that there was lo---94 evidence of rats in the neighborhood. He stated that therewe_rie lots of food wrappers, milk cartons and general debris and suggested that the Hantons contact the contractor to have the area policed. The Hantons contacted Mn/FSL and they agreed to clean the area but it snowed shortly thereafter and the policing never got done. Dr. Hanton stated that he contacted City Hall today and was told that there is no report from Dr. Chao but that contact from the City Clerk to Dr. Chao indicated that the area was littered with food wrappers, milk cartons and debris which would breed rats. Dr. Hanton stated that there was no report because the Health Officer did not feel it was a nuisance created by Mn/FSL. Dr. Hanton stated that he has found that Mn/FSL doesn't clean up anything and stated that this is not the type of neighborhood where neighbors have McDonald's on the back porch and pitch the wrappers into the yards. He stated that his family cleaned up their yard during construction and felt that the contractor would not do it. He stated that he has had a very bad feeling with Mn/FSL, that he has attempted to deal with the contractor. He asked whether this means that the license should be withdrawn: Mn/FSL is a very difficult group to deal with and does not go through with their promises. In response to a question from Mayor Lockwood, Dr. Hanton responded that the debris emanates from around the building sites: the workmen have to eat. He stated that the workmen bring their lunches and then leave the debris: they are responsible for leaving the debris behind. He felt that someone should be responsible for policing the area while the construction is going on. Page No. 2258 May 7, 1985 Mr. Tom Goetz, 700 Apache Court, stated that he closed on his home in March,1984 and had numerous problems at the time of closing. At that time Mr. McKinstry said the problems would be taken care of: some of them were, but there has been no contact from Mn/FSL since November. He stated that there are many deficiences in his house from workmanship on the tile installation to nail pops on the sheetrock, driveway sinking and cracking concrete and settling in the backyard. He stated he was told that those things would be taken care of in the spring. He stated that he has a letter from Mn/FSL acknowledging that he had referred the matter to the H.O.W. He stated that Mn/FSL told those present at the neighborhood meeting that the residents should submit their problems to H.O.W. He stated that he is still waiting for the contractor to correct the deficiencies in the house and has not yet heard from HOW. Mr. Jerry Blank, 694 Ocala Lane, stated that his main problem has been a wet basement. He indicated that he has recently received a letter from Mn/FSL stating that they are going to put gutters on the house. Another problem he has experienced is plumbing problems in the laundry: Mn/FSL has indicated they would take care of the problem. He indicated that if Mn/FSL resolves those problems he will be satisfied, but he stated that the real point is that he has been complaining to the firm about the wet basement for over a year and only now are they going to do anything about it. Mr. Ron Jacob, 2353 Apache Court, stated that his was the first or second house built in the neighborhood and that Joe Dotty was the contractor who built it. He stated that he has not had any problems with the house but that at the time he purchased his property, Mr. Dotty represented to him that Minnesota Federal and he were partners, that the area (homes) would all be of a similar design and that there would be covenants and an approval committee. He indicated that Mr. Dotty made the same statement to the original people who were building similar houses. The covenants never materialized and the issue got lost when Joe Dotty and Minnesota Federal split up. He felt that Mn/FSL should follow through with the promise of a partner at that time. In response to a question from Councilmember Witt, he stated that Mn/FSL's response to the matter of covenants has not been positive and that what they propose is not worth Page No. 2259 May 7, 1985 anything. Mrs. Judy Cummins, 2312 Nashua Lane, stated that her primary concern is faulty windows. On final inspection of their home in August, 1982, they noticed that six windows did not function and made ( ) the contractor aware of this and $1,000 was put in escrow but nothing has been done about the windows. In July of 1983 she contacted the distributor who stated that the windows were designed for the southern climate and should not be used in Minnesota. Mrs. Cummins stated that she contacted Mn/FSL and on two occasions talked to Mr. McKinstry whose solution was to have the firm's handyman repair the windows: that did not work. In November, 1983, she contacted the manufacturer's representative and the firm inspected the windows and she was told that windows could not work properly in holes that were not square. She was also told that Peachtree windows are not appropriate in this climate and in putting double glass in the windows there is too much strain on the hardware. In July, 1984, Peachtree indicated that they would replace the hardware, but Mn/FSL will not do anything. Mn/FSL's response to the problem has been to send the handyman out numerous unsuccessful times and for Steve Vangan (from Mn/FSL) to close the windows from the outside while Mrs. Cummins promptly locked them from the inside. Thye have since received a letter from Mr. Balyk stating that Mn/FSL had no part in the problem. She stated that she was told originally that there were protective covenants and also was told that Huber Drive would remain a small street. Mr. Lance Moberg, 682 Ocala Lane, stated that his problem is that he bought a house in November, 1981 at which time he was given a surveyor's certificate that said that there were no encroachments. He only discovered later that his house encroaches on the adjacent lot. The response from Mn/FSL to this problem was to tell him that they could cut a corner off of his roof to take care of the encroachment. He stated that they presented him with an easement from his neighbors, but the point is that he bought his ,house with the understanding that there was no lot line encroachment and Mn/FSL will do nothing about it. Mr. aneu-LBaskfid14,27'Ocala Lane„stated that the mattertame to his attentioh hecauge --d his survey was not the same as the neighbors and indicated that Mr. Moberg's house encroached on Page No. 2260 May 7, 1985 the lot line. Mr. Baskfield. furthet:? J,j_anE, stated that he has lived in his home for 3 1/2 years and has had too many problems to describe in 2 to 3 minutes. Some of the problems have been resolved and some have not. He stated that in general it is the attitude towards the customers and clients and neighbors which has been more adversarial than anything else. Dr. Hanton stated that at the recent neighborhood meeting Mn/FSL stated that the homeowners should go to their HOW warranties but that he never received a warranty and mentioned this both prior to and at the meeting. He indicated that he had just this past week received (from Mn/FSL) an application for HOW protection dated April 29, 1985 stating the date of belening of the warranty period was August 30, 1983. He stated that the warranty is on the basis of one year for workmanship, 2 years for plumbing and 8 years for major defects. He stated that he has called HOW and informed him that he is confused on the matter. They did not have his name in their files at all. He stated that his home wasn't covered and is not ,-)c. now covered and now Mn/FSL wants him to sign and date the documents back to 1983 even though the two years of warranty are up. Mr. Ed Lavigne, 695 Apache Lane, stated that he has had no problems with his home but has attempted to generate constructive dialog with Mn/FSL on covenants and so far has. unsuc- cessful. Mr. Tom Balyk, legal counsel for Mn/FSL, stated that Mn/FSL is a subsidiary of Minnesota Federal and that a series of builders, including Fasenden and Dotty have built in the development. He stated that what is being considered is the general contractor license issued to Mn/FSL and the health and safety issues. He stated that he has provided the Council with a preliminary statement and that,of all the testimony, Mn/FSL built only the Goetz house: the rest were built by August Construction and Fasenden. He stated that the Council has heard from 6 people and 31 homes have been built in Delaware Crossing. He indicated that he feels there are two problems, the warranty claims and the suggestion of fraudulent conduct on the part of Mn/FSL relative to covenants. He stated that he takes that issue Page No. 2261 May 7, 1985 seriously and does not take the allegation lightly. With regard to the Hanton discussion, Mr. Balyk stated that Mn/FSL "blew it," that they didn't order the HOW warranty and that this was an over- sight. He stated that the first time he heard about the issue was on April 17th and has responded in detail in that regard. Mr. Balyk stated that his firm has done a large amount of warranty work. In the Goetz case, he stated, a disinterested third party is needed and Mn/FSL is willing to remedy anything HOW requires. He stated that he will provide a list of Mn/FSL's costs for the warranty work which has been done. He pointed out that the Cummins home was not built by Mn/FSL, that the general contractor was Fasenden, but that as a good corporate partner, Mn/FSL has attempted to resolve the Cummins problem with the Fasenden product. In response to the Jacob complaints, Mr. Balyk stated that this is the first time he has heard from Mr. Jacob. He also stated that he has heard Mr. Lavigne's name mentioned previously but that the Lavignes have no problems with their house - they have a problem with the covenant issue. Mr. Balyk stated that he believes he has responded to all of the complaints he has received and also believes Mn/FSL is taking action to resolve those problems. He indicated that the firm has come back and done some additional work and that he has taken it upon himself to resolve the complaints. He stated that he is not saying that Mn/FSL will take care of the complaints: he believes the problems should have been taken care of in the HOW process. With regard to the covenants, he stated that he does not find any allegation that supports the issue. He indicated that his firm is willing to put protective covenants on the property and that he had submitted samples of covenants on a development in Ramsey County to the Counci this evening. Mr. Balyk stated that the samples reflect the kind of covenants that make sense for single family developments. Mr. Balyk stated that if he has not addressed and responded to the issues he will do so. He further stated that Mn/FSL has a vested interest in the project: there are still 30 vacant lots in the Page No. 2262 May 7, 1985 development. He noted that some of the residents have talked about reduced property values: it would not be in Mn/FSL's best interest to do anything that would reduce the value of the remaining lots. Councilmember Blesener asked Mr. Balyk to respond to the comment about partnership with August Construction. Mr. Balyk stated that Minnesoa Federal is the fee owner of the property and that Joe Dotty (August Construction) was the builder, so they were partners in a sense. He further stated that Minnesota Federal owns fee title to the properties and enters into joint ventures with a general contractor to build -- Minnesota Federal is a developer. Councilmember Witt noted that Mr. Balyk stated that Mn/FSL has built only one house and asked why the firm built that house. In response, Mr. Balyk stated that the firm only built one of the houses which was discussed tonight. Councilmember Witt asked why, if Mn/FSL didn't build any of the other houses they have made repairs and responded to the complaints. She asked if Mn/FSL did not therefore accept the responsibility for the problems. Mr. Balyk responded that Mn/FSL was being a good neighbor. Councilmember Blesener asked City Attorney Tom Hart whether a general contractor license is required for a developer entity. He responded that a license should not be required if a developer is the owner Of the land contracting with someone to build the homes. Councilmember Blesener then asked if a homeowner wanted to buy a lot from Mn/FSL and wanted to contract with someone else to build a home whether they could do so. Mr. Hart responded that that would be a matter of contract, and that even if the contract were through Mn/FSL that still would not require a license. From a contractual standpoint, he stated, if the buyer has entered into .a direct contract with Mn/FSL, the buyer would have recourse under the contract against Mn/FSL for construction defects. Mr. Balyk stated that he thought he had resolved the survey problem (with Mr. Moberg) and further that he readily admitted that Mn/FSL made a mistake. He stated that MN/FSL has spent a good deal trying to rectify the problem. Mr. Moberg responded that as far as he is concerned the problem has not been resolved: he has correspondence dating back three years saying Page No. 2263 May 7, 1985 that he is not satisfied. He further stated that in May of 1984 he sent Mn/FSL a letter saying that the easement is not a satisfactory resolution of the problem. Mr. Bruce Hinsted, Minnesota Federal general counsel and Vice President, stated that the last correspondence regarding the Moberg issue was from his attorney more than a year ago, that he had also talked to the attorney by phone. He informed the Council that Minnesota Federal paid Mr. Baskfield $4,000 for the easement. He has not talked to the Moberg's attorney since last year and has heard nothing else on the issue until this week. He also stated that the easement was executed and has changed hands. Mr. Baskfield stated that he had written a letter that as far as he was concerned the situation was unreasonable and that he also wrote about the shabby treatment and runaround from Mr. Hinsted and Mr. McKinstry. He informed the Council that he went to Mr. Mosentine, President of Minnesota Federal to resolve the matter. The $4,000 compensation was for the regrading of the property to prevent ponding from coming into his basement. He stated that he went through a horror story with Mn/FSL, had to put forth an extra effort to maintain a neighborhood relationship and that the matter was a nightmare. Mr. Baskfield stated that the process was anything but helpful and could be summed up as adversarial. He stated that he doesn't think that's the kind of neighborhood situation which should exist in the City, and that the state of the state at Mn/FSL could be described as almost an armed camp, that everyone was worked into a frenzy. Mr. Balyk stated that he participated in the neighborhood meeting and worked with Howard Dahlgren and the City in trying to resolve the encroachment problem. He stated that Mn/FSL has attempted to work with the City, that it has taken some time to resolve the problem but that he did attempt to resolve a problem created by a surveyor. In response to a question from Councilmember Witt regarding the level of Mn/FSL activity as a general contractor, Mr. Balyk responded that the firm is a general contractor in the Delaware Crossing area. Councilmember Witt stated that it seems to her that Mr. McKinstry has been contacted or come out to see the people often and that she doesn't know why he Page No. 2264 May 7, 1985 would respond if he had no responsibility to do so. She stated that the people are not complaining about Fasenden or August Construction, only about Mn/FSL. Mr. Balyk pointed out that the City ordinance talks about jeopardizing life or property and that resolution of the owners disputes happens as a common situation in the industry. He stated that he doesn't see the kind of activity that is talked about in the ordinance and that he hopes that the purpose of the hearing was to take testimony on that issue. Mr. Goetz stated that - Mn/FSL indicated that he would give the Council the bills spent on his house: those bills have been spent for the mistakes made in the construction of the house. He stated that he has over 30 years of construction experience and that the standard comment he has heard from Mn/FSL representatives in response to the errors was "when you are sitting in front of your fireplaces with milk and cookies, you will forget about it." Mr. Rich Gabriel, 670 Apache Lane, responding to the covenants submitted by Mr. Balyk, stated that he has read them and that they basically prohibit nuisance, intoxicating liquor, and other things that the City's code would prohibit anyway. He stated that the homeowners have submitted protective covenants for Mn/FSL's consideration and asked for comments. There were none. He felt that there is a problem of attitude and responsibility: between the Hanton lot and his there is a vacant lot which harbors rats. He felt that this is a safety and health problem. He stated that there is debris all over the neighborhood: debris overflowing into the yards, creating life and safety problems, and he also pointed to the issue of raw sewage backing up (into the Hanton house). He felt that the basic party behind the problems is Mn/FSL and they have taken a do-nothing attitude. Mr. Balyk responded that the rat problem is not Mn/FSL's problem - the Health Officer did not report on it and told Mn/FSL it was not a problem. With regard to the sewer back-up, Dr. Hanton stated that he was with the plumber when the sewer line was "snaked" and there was no evidence of sanitary napkins. He also stated that the Health Inspector did find evidence of rats but made no report because he could find nothing specific to construction but did find debris and rat evidence. Mayor Lockwood thanked the members of the audience TENNIS COURT OVERLAY Ayes: 5 Nays: 0 NEWSLETTER Page No. 2265 May 7, 1985 for their cooperation and patience. He stated that it is obvious that something is wrong. He further stated that if there is no finding by the Council of the dire problems which Council must use in making a determination on the license, it is obvious that there has been a lack of good faith dealings in vendor/ customer relationship. He did not think that the evidence is sufficient to immediately say that Mn/FSL can no longer do business in Mendota Heights but stated that he believes it is appropriate to refer the matter to the City's legal counsel and staff to review the information and prepare a report and recommenda- tion. Administrator Frazell indicated that preparation of a report may take considerable time since the issue is very complex and projected that the report may be available for the first meeting in June. Staff was directed to perform a thorough investigation and report. Councilmember Witt moved to authorizeI an unappropriated expenditure of up to $3,440 from the Park and Recreation budget for the resurfacing of the Roger's Lake Park tennis courts. Councilmember Blesener seconded the motion. The Council acknowledged and discussed a memo from the City Administrator regarding costs associated with preparation of the City's newsletter. It was the concensus of the Council that the newsletter should continue to be prepared on a quarterly basis but that the size should be reduced to four pages. Staff was directed to solicit bids for keylining and pasteup work to determine whether this would be less costly than keylining and pasteup by staff. NUISANCE ENFORCEMENT The Council acknowledged and discussed a memo from the City Administrator regarding enforcement of the City's nuisance and zoning code ordinances. Councilmember Cummins moved to authorize staff to solicit applications for a seasonal employee to • perform nuisance and zoning code enforcement for the summer months, at a maximum cost of $3,000. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 BUSINESS DEVELOPMENT GREEN SPACE STREET POLICY Ayes: 4 Nays: 1 Lockwood EASEMENT RELEASE Ayes: 5 Nays: 0 RADIO SYSTEM UPGRADE Ayes: 5 Nays: 0 Page No. 2266 May 7, 1985 The Council acknowledged and discussed a memo from the City Administrator regarding regulations on green space in business developments. The Council acknowledged and discussed a memo and proposed resolution on an urban design street policy. Councilmember Blesener moved adoption of the proposed resolution adopting a preferred standard of urban design streets. Councilmember Hartmann seconded the motion. Councilmember Hartmann pointed out that the City can not assess above and beyond the value added by improvements. He stated that the Council must realize that if the City were to have a written policy the decision on an improvement project must be made with. the knowledge that some of the assessments will be overturned. Attorney Hart stated that if adopted and the Council were policy for a future project, establish that the policy is technically feasible. the written policy is to decide to waive the the Council would have to not financially or Councilmember Cummins stated that the Council would have to make an affirmative finding before it could construct a street improvement project: the City would have to perform a market analysis. After discussion, Councilmember Blesener moved to table the matter indefinitely. Councilmember Hartmann seconded the motion. On the recommendation of staff, Councilmember Hartmann moved to authorize the Mayor and City Clerk to execute a Release of Easement document to release a temporary construction easement over Lot 10, Block 1, Tilsen's Highland Heights Plat 3. Councilmember Blesener seconded the motion. Councilmember Cummins moved the adoption of Resolution No. 85-34, "RESOLUTION COMMITTING FUNDS TO UPGRADING MUNICIPAL RADIO SYSTEM AT WEST ST. PAUL COMMUNICATIONS CENTER." Councilmember Hartmann seconded the motion. Page No. 2267 May 7, 1985 GOAL SETTING It was the concensus of the Council that a goal setting workshop be conducted on June 10th. ADJOURN Ayes: 5 Nays: 0 ATTEST: ' There being no further business to come before the Council, Councilmember Witt moved that the meeting be adjourned to 7:30 P.M. on May 14th, at which time City Hall architect interviews are scheduled to be conducted. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:45 o'clock P.M. Robert G. Lockwood Mayor K Pf) hleen M. Swanson City Clerk