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1984-03-06 Council minutesPage No. 1978 March 6, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 1984 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., in 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 and Mertensotto. Councilwoman Witt had notified the Council that she would be late. Councilman Losleben had notified the Council that he would be out of town. ADOPTION OF Councilman Mertensotto moved the adoption of the amended AGENDA agenda for the meeting. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF Councilman Mertensotto moved approval of the minutes of the MINUTES February 21, meeting. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 APPRECIATION On behalf of the City Council, Mayor Lockwood presented a CERTIFICATE Certificate of Appreciation to retired volunteer firefighter, Bruce Levine, in recognition and appreciation for his 19 years of service on the Mendota Heights Volunteer Fire Department. CONSENT CALENDAR Councilman 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 the minutes of the February 14th Park and Recreation Commission meeting. b. Acknowledgement of the minutes of the January 18th NDC-4 meeting. c. Acknowledgement of a memo from Administrator Frazell regarding the Chamber of Commerce Mendota Heights Day to be held on April 26 at the Mendakota Country Club. d. Acknowledgement of a letter of appreciation from the Inver Grove Heights Fire Department to the Mendota Heights Volunteer Fire Department for assistance at the Peabody's fire. e. Acknowledgement of a memo from Administrator Frazell relative to the League of Minnesota Cities proposed policy on Comparable Worth. f. Approval of the List of Claims dated March 6, 1984, and totalling $671,153.19. Ayes: 3 Nays: 0 TREE REMOVAL REQUEST FIRE STATION BID AWARD Page No. 1979 March 6, 1984 g. Approval of the List of Contractor Licenses, granting licenses to the following: Breheim Heating, Inc. Breheim Heating, Inc. Vern Craven Masonry Bernard L. Dalsin Company Jacobson Excavating Martin A. Keller, Builder Peterson & Ratzlow Construction Gas Piping Heating & A/C Masonry General Contractor General Contractor General Contractor General Contractor h. Approval of the issuance of a Rubbish Haulers license to Emil Oehrlein Trucking. i. Acknowledgement of a letter of appreciation from Mr. and Mrs. Tom Baumann to the Police department. j. Acknowledgement of the Code Enforcement monthly report for February. k. Acknowledgement of the Fire Department monthly report for February. Councilman Mertensotto seconded the motion. The Council acknowledged a memo from Administrator Frazell relative to a request from Mr. and Mrs. Brian Truesdell, 533 W. Emerson Ave., for City removal of boulevard trees. Mr. and Mrs. Truesdell, present for the discussion, explained their request to the Council. Mayor Lockwood stated that while he can appreciate the problems the Truesdell's are experiencing during the period of time that the cottonwood trees drop their cotton into the Truesdell yard, it is not City policy to remove trees in public or private right-of-way unless the trees are creating a safety hazard. He did state, however, that the City might consider allowing the Truesdells to remove the three or four trees which are creating a problem. It was the concensus of the Council that the request for City removal of the trees should be denied, but that the Truesdell's are welcome to submit a letter to the Code Enforcement Officer requesting that they be allowed to remove the three to four trees at their own expense. The Council acknowledged and discussed a memo from City Adminis- trator Frazell recomutending award of bids for construction of the Fire station. Attorney Tom Hart informed the Council that the agreement for purchase of the Warnke property has been executed by both Venita and Herbert Warnke. After discussion, Councilman Hartmann moved to award the general contract for construction of the fire station to James Steele Construction Company, including alternates G-lb, G-2, and G-3, in the amount of $435,600,; award of the mechanical contract to Klamm Mechanical Contractors, Inc., including alternates M-lb, M-2, and Page No. 1980 March 6, 1984 M-3, M-4, and M-5, in the amount of $152,, 134,; and award of the electrical contract to Corrigan Electric, including alternates E-lb, E-2, E-3, E-4, and E-5, in the amount of $53,553, all awards to be contingent upon the City's successful acquisition of all lands needed for construction of the project. Mayor Lockwood seconded the motion. Ayes: 3 Nays: 0 HEARING - CASE Mayor Lockwood opened the meeting for the purpose of a public # 83-02, CULLIGAN hearing on an application from Lawrence Culligan for subdivision and critical area review for the Valley View Oak Second Addition. Mr. Culligan, present for the discussion, submitted a letter and copy of the proposed Joint Powers Agreement with the City of Mendota. He stated that because his subdivision is part of the consideration in the Joint Powers Agreement, he had written his observations on the agreement and asked that the Council continue the public hearing to the second meeting in April to allow time for the.. City Engineer to review his comments. He stated that in April he would return to the Council to request subdivision of only the property along Glenhill Road, which would not impact runoff and could be connected to utilities already in Glenhill Road. He would then propose that the remainder of the property be platted as an outlot until such time as the Mn/DOT drainage system is considered. There being no questions or comments from the audience, Councilman Mertensotto moved that the hearing on the Culligan application for subdivision and critical area review be continued to April 17, 1984. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 FEASIBILITY Mayor Lockwood opened the meeting for the purpose of conducting a HEARING, EVER- public hearing on the feasibility of installation of public improve- GREEN KNOLLS ments to serve the Evergreen Knolls addition and adjacent areas. Mayor Lockwood turned the meeting over to Public Works Director Danielson for an introduction and information on the proposed project. Public Works Director Danielson stated that the area affected by the proposed project is located north of Par 3 golf course, west of Dodd Road and east of Wachtler Avenue extended. He stated that a petition for public improvements was submitted by Mr. James Gryc, developer of the Evergreen Knolls addition, and that at the time he petitioned, Mr. Gryc asked that improvements be installed in phases, beginning on the westerly side of the plat. Mr. Daniel- son stated that in response, the feasibility study addressed two potential construction schemes, each consisting of two phases. Mr. Danielson reviewed Scheme A of the feasibility study, describing the method proposed in the study for extension of sanitary sewer, water and storm sewer facilities along with the construction of Wachtler Avenue from Wentworth to Trail Road. He stated that an informational letter had been submitted to all affected property owners, along with the notice of hearing. In response to the letter and notice, several owners of large parcels of property had contacted Ayes: 4 Nays: 0 Page No. 1981 March 6, 1984 the City indicating that they are not currently interested in developing their parcels and that they would be requesting assess- ment deferments. Because of the potential for significant defer- ments, staff had met with the Financial Advisor to study the financial impact such deferments would have on the project. He stated that staff feels that there would be less of a financial burden on the City under Phase I, Scheme A construction, suggesting that Wachtler Avenue be constructed from the north, stopping short of the Slowinski and Par 3 properties at this time. He described how sanitary sewer, water and storm sewer facilities could be constructed to serve the westerly portion of Evergreen Knolls as suggested in Scheme A, eliminating Lots 1 and 2, Block 1, from the project at this time. This would result in utilities servicing 17 of the 19 lots considered in Phase I of Scheme A. Councilman Mertensotto asked why the developer did not request complete improvements for the project, rather than completion under two phases. He also suggested that Evergreen Knolls at least be rough graded to Dodd Road to allow for access by emergency vehicles. Mayor Lockwood asked for questions and comments from the audience. Mrs. Virgil Christoffersen, 800 she objects to the extension of stating that a large portion of the road is extended, and asked to the west. W. Wentworth Avenue, stated that Wachtler Avenue to the north, their property would be taken if why the street was not moved further Mr. Terry Raddatz, 1759 Trail Road, stated that the Planning Commiss- ion recommended that the improvements be done at one time, rather than stages, and that Wachtler Avenue be constructed in a serpentine manner. He asked why the recommendations were not incorporated in the study. Mr. James Smith, 1716 Trail Road, stated that if Wachtler Avenue is constructed in the proposed alignment, it will become a speed trap and safety hazard for neighborhood children. Councilwoman Witt arrived at 8:35 o'clock P.M. There being no further questions or comments from the audience, Councilman Hartmann moved that the hearing be continued to 7:45 P.M. on April 3rd. Mayor Lockwood seconded the motion. Staff was directed to meet with the developers of Evergreen Knolls regarding the proposed staged development and return with a report on March 19th. HEARING - CASE # Mayor Lockwood opened the meeting for the purpose of the continuation 83-34, CALLAHAN of a public hearing on an application from Mr. John Callahan, for wetlands and filling permits for Lot 2, Willow Springs Addition. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 1982 March 6, 1984 Mr. Arnold Kempe, representing Mr. Callahan, stated that at the February 7th meeting, the Council raised several questions which have been addressed in a staff memo as part of this evening's agenda. Mr. Kempe stated that he has reviewed the proposed developer's agreement with Mr. Callahan and believes that the terms of the agreement are agreeable to his client, but requested that the time limit for completion of the filling be increased and that the escrow or letter of credit requirement be either deleted or reduced from the $5,000 required in the developer's agreement. It was the recommendation of staff that there be no change in the escrow requirement. City Engineer Kishel suggested that perhaps the date for completion of the filling could be changed to one year from the issuance of a final payment to the contractor who completes the creek reloction project. Mayor Lockwood asked for questions and comments from the audience. Mr. Lawrence Goff, 675 Marie Avenue, commented on the proposed building setbacks. In response to a question from the Council, Mr. Kempe stated that filling of the property will be done in accordance with the grade elevations contained in the map prepared by the City Engineer. There being no further questions or comments, Councilman Mertensotto moved that the, hearing be closed and that the wetlands permit be granted based on the conditions set forth in the City Engineer's memo dated February 22, 1984. Councilman Hartmann seconded the motion. Councilman Mertensotto moved that a conditional use permit for the filling of Lot 2, Willow Springs Addition be granted based on Scheme 2 in the Engineering Feasibility Report dated January 18, 1984. Councilman Hartmann seconded the motion. Councilman Mertensotto moved approval of the developer's agreement concerning Lot 2, Willow Springs Addition, with an amendment to item 3, timetable, changing the time of completion to require that filling and grading be accomplished within one year from the date of final payment for the creek relocation project. Councilman Hartmann seconded the motion. Councilwoman Witt moved the adoption of Resolution NO. 84-13, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWERS TO SERVE LOT 2, WILLOW SPRINGS ADDITION (IMPROVEMENT NO. 83, PROJECT NO. 6)." Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 EAGAN RACE TRACK Mr. Carl Cummins, 2312 Nashua Lane, was present representing the Friendly Hills Civic Association and Delaware Crossing Homeowners Page No. 1983 March 6, 1984 Association, to request Council adoption of a proposed resolution prepared by Mr. Cummins to request the Metropolitan Council to prepare a Metropolitan Significance Statement on the proposed Eagan racetrack. Mr. Cummins stated that the Civic Associations have concluded that the Draft EIS does not address the several concerns stated by the Associations. Those concerns are: traffic and traffic congestion in Mendota Heights, in particular during the period of time between 1985 and 1986 when 1-494 will not yet be complete, but the racetrack will be operational; the issue of potential pressure for rezoning the Mendota Heights property immediately north of 1-494; and the issue of aircraft noise and diversion of aircraft over Mendota Heights should pressures to change flight patterns occur after racetrack construction. Mr. Cummins stated that the purpose of the request is to get answers to the several questions, not to delay the proposal. He stated that the proposal can only be looked at objectively by the Metropolitan Council. At the request of the Council, City Administrator Frazell reviewed his written synopsis of the Metropolitan Significance Process and Environmental Impact Statement hearing process. He also reported on several telephone conversations with Robert Mazanec, Jim Barton, and Maurice Dorton of the Metropooitan Council regarding the Metropolitan Significance Process. Mayor Lockwood stated that the City Council has presented several concerns about the racetrack in a letter to the City of Eagan. He stated that while Mr. Cummins indicates that he is not convinced that the issues have been properly addressed in Eagan's response to the letter or in the DEIS, he does not think that the request for adoption of a resolution to request Metropolitan Significance review is appropriate. He stated that the Metropolitan Council has already issued its comments on the proposal. He suggested that the City Council could request City Planner Dahlgren to study the issue to be sure that the concerns of the Friendly Hills Civic Association are answered. Councilman Mertensotto stated that he believes the public hearing on the DEIS to be conducted by the City of Eagan on March 8th is the appropriate avenue to pursue. He stated that the use of the Planning Consultant's time would be very costly and did not believe that such an expenditure would be justified at this time. He noted that if the City's issues of concern are not addressed in the final EIS, the City can still request the Metropolitan Council to then perform a Metropolitan Significance Study. Mayor Lockwood asked for additional comments. Mr. Dick Stryker, 4 Beebe Avenue, read his letter dated March 5th, and included in the Council agenda packets, expressing his support of the proposed racetrack. Mr. Robert Hoffman, Special Counsel for the Minnesota Jockey Club, reviewed the Metropolitan Significance Study process. He stated that the legislature has already determined that a racetrack is of metropolitan interest, and that the Metropolitan Council has issued comments relating to transportation, airports, sewer and parks under the planning process of the Metropolitan Council. He Page No. 1984 March 6, 1984 stated that the Metropolitan Council has decided to review the several racetrack proposals under the Metropolitan Planning Process which is far more involved than the Metropolitan Significance Study process. He recommended that the Friendly Hills Civic Association make definitive comments to the Metropolitan Council staff, and that those comments would then be considered by the Metropolitan Council staff during the next week and then considered on March 22nd by the Council itself. He stated that if the Association feels that the Draft EIS is inadequate, now is the time to express those concerns so that they can be mitigated in the final EIS. He also reviewed the indirect source permit process and the requirement for an amendment to the Eagan Comprehensive Plan should the racing commission approve the site. He suggested that the Metropolitan Council would probably suspend any request for Metropolitan Sig- nificance Study at this time because the process in being at this time is much broader than metropolitan significance. Mayor Lockwood acknowledged receipt of a letter from Mr. Howard Stacker, 694 Maple Park Drive, in support of the proposed racetrack. Mr. Cummins stated that it is true that the current process is probably broader than the Metropolitan Significance Process, and that based on the apparent attitude of the Metropolitan Council's staff, it seems apparent that now is not the appropriate time to make a request for a Metropolitan Significance Study. He noted that the Mendota Heights residents will have an opportunity to testify before the Eagan City Council on the Draft EIS and also make a presentation to the Racing Commission. He felt that perhaps a request for Metropolitan Significance Study would be more appropri- ate at a later date and therefore withdrew his request for Council adoption of a resolution to that effect at this time. Councilman Mertensotto suggested that the Council should advise the City of Eagan, as part of the public hearing process, that the residents of Mendota Heights still have unaddressed concerns, those concerns being traffic impact in the interim between completion of 1-494 and the commencement of racing activities, the impact of aircraft noise in the Mendota Heights area should public pressures for diversion of aircraft traffic be placed on the legislature in the future, and what the potential impact on the R-1 zoning on the south border of Mendota Heights could be if the racetrack is constructed. Councilman Mertensotto moved that City Administrator Frazell notify the City of Eagan for the purposes of the public hearing on the Draft Environmental Impact Statement on March 8, 1984, that the residents in the City of Mendota Heights are concerned that the DEIS does not fully address the issues of traffic impact, aircraft flight patterns, and pressures for rezoning along 1-494. Mayor Lockwood seconded the motion. Ayes: 3 Nays: 0 Abstain: 1, Witt Page No. 1985 March 6, 1984 Mr. Dale Runkle, Eagan City Planner, was present for the discussion. He informed the Council that the City of Eagan will be sure that all of the issues stated will be addressed in the Final EIS. RECESS Mayor Lockwood called a recess at 10:42 o'clock P.M. The meeting was reconvened at 10:54 o'clock P.M. RIVERWOOD PLACE CONDOMINIUMS Ayes: 4 Nays: 0 MASTER CONTROL SYSTEM The Council acknowledged and discussed a memo from Public Works Director Danielson regarding the preliminary plat for the Riverwood Place business condominium addition, and recommending approval of the developer's agreement for the project. Councilman Hartmann moved to authorize the Mayor and City Adminis- trator to execute the developer's agreement for the Riverwood Place business condominium on behalf of the City. Councilwoman Witt seconded the motion. Mr. Dick Elasky, from Mn/DOT, was present to review the proposed Mn/DOT agreement for installation of a master signal control system on TH 110. Mr. Elasky stated that the proposed project would involve signal revisions and installation of an inter-connect system for signals between Lexington Avenue and Delaware Avenue. He stated that I-35E, from 1-494 north, is anticipated to open in the fall of 1984. He stated that the signals on TH 110 are currently traffic actuated and that the problem being experienced in terms of traffic operation efficiency is that none of the signals are tied together. Mr. Elasky stated that the benefits of a master controller to inter-connect the signal system would be that it would allow a uniform flow of traffic along TH 110, reducing the chance of accidents created by different speeds between signals, and that the safety factor would be increased at all of the cross streets. Mr. Elasky indicated that the major portion of the cost would be supported by the Federal High- way Administration and the state, and that the City of Mendota Heights would be asked to contribute $1,200 to the master coordin- ating cabinet equipment and $3,500 for hard wiring the inter-connect. He also stated that installation of the master controller would allow installation of Opticom equipment at Lexington and I-35E, under the same project. Councilman Mertensotto stated that the Council's purpose in opposing the master signal control system at the February 7th meeting was that under no circumstances does the Council want to upgrade TH 110 more than it is now. He stated that the Council is concerned about traffic coming off I-35E and through traffic going east on TH 110 to highway 3. He stated that the master control system would make it more convenient for traffic to use TH 110. Mr. Elasky stated that he does not believe that traffic will increase as a result of the signal control system, but that it would provide a greater degree of safety for the traffic already using TH 110. Councilwoman Witt noted that she would hate to see any increase in traffic on TH 110 as a result of the system. Mayor Lockwood asked whether the project could be delayed until 1-494 Page No. 1986 March 6, 1984 is completed. Mr. Elasky stated that there are distinct benefits to the project being completed as soon as possible, including vast improvements to be gained in terms of traffic safety, uniform flow and energy efficiency. As part of the discussion, the Council also discussed the early warning lights on TH 110 at TH 149 and at Delaware Avenue. After discussion, Mayor Lockwood moved to authorize the appropriate City officials to execute an agreement with Mn/DOT for installation of a master signal control system. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 1, Mertensotto COORDINATED The Council acknowledged and discussed a memo from Fire Chief COMMUNICATIONS Noack, Police Chief Delmont and Public Works Director Danielson, STUDY recommending.that the Council join with the City of West St. Paul in hiring a consultant to perform a coordinated communications study. The Mendota Heights share of the study cost would not exceed $2,200. Ayes: 4 Nays: 0 FIRE CHIEF'S VEHICLE Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilman Hartmann moved to authorize a maximum expenditure of $2,200 from:the Equipment Certificate fund for participation in a coordinated communications study with the City of West St. Paul. Councilwoman Witt seconded the motion. The Council acknowledged and discussed memos from Police Chief Delmont and City Administrator Frazell regarding replacement of the Fire Chief's car. It was noted that Fire Chief Noack has indicated his preference for purchase of a 1983 Ford Crown Victoria Wagon from the Hertz Company, rather than the several other alternative vehicles described in Police Chief Delmont's memo. After discussion, Councilman Mertensotto moved that staff be authorized to dispose of the 1973 Plymouth Station Wagon currently being utilized as a Fire Chief's car. Mayor Lockwood seconded the motion. Mayor Lockwood moved to authorize the purchase of a suitable used vehicle to serve as the Fire Chief's car, along with acquisition of an extended warranty. Councilman Hartmann seconded the motion. FIRE FIGHTER On the recommendation of City Administrator Frazell, Councilwoman APPOINTMENT Witt moved that MaryBeth Neska be appointed to the Volunteer Fire Department. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 FIRE TANKER Ayes: 4 ( Nays: 0 FIRE SQURT Ayes: 4 Nays: 0 Page No. 1987 March 6, 1984 The Council acknowledged and discussed a memo from Administrator Frazell relative to disposition of fire tanker unit # 2295. In response to a concern expressed by the Council, Administrator Frazell stated that the vehicle would not be sold as an emergency vehicle because of its condition. Mayor Lockwood moved to authorize disposal of fire tanker unit #2295. Councilman Hartmann seconded the motion. The Council acknowledged a memo from City Administrator Frazell relative to repair of fire squrt unit #2286. Councilman Mertensotto moved to authorize that fire squrt #2286 be sent to General Safety Products, of North Branch,MN, for install- ation of waterway improvements. Councilman Hartmann seconded the motion. PERKEGWIN The Council acknowledged and discussed a memo from City Administrator PROPERTY Frazell relative to acquisition of a portion of the Perkegwin property as part of the fire station site. The Council discussed the two restrictions placed on the sale by the owners of the property: that ball fields not be considered a permitted use on the area of the adjacent Perkegwin property to be dedicated for park purposes; and that conveyance of the property to the City would not alter the density permitted on the balance of the Perkegwin property. WARNKE PROPERTY It was the concensus of the Council that placing a restriction against ballfield development would be unreasonable as a deed restriction, however, the Council determined that it would be reasonable to restrict ballfields until after the development is substantially complete, and the majority of units have been sold. At that time it could be determined whether the new residents desire or object to ballfields. With regard to the density transfer, it was noted that it would be inappropriate for the Council to waive existing zoning requirements in order to execute sale of the property. Mayor Lockwood suggested that if the Council had approved 66 units as part of the preliminary PUD for the Lakeridge Addition in the past, it should not refuse the same density as the result of the acquisition of a portion of the property by the City. City Administrator Frazell was directed to proceed with negotiations. Assistant Cty Attorney Hart advised the Council that the agreement for acquisition of the Warnke property has been executed and has been mailed to the City offices. JOINT PURCHASING Councilman Mertensotto moved the adoption of Resolution No. 84-15, "RESOLUTION AUTHORIZING JOINT AND COOPERATIVE PURCHASING OF FIRE FIGHTING EQUIPMENT BY THE SEVEN COUNTY FIRE DEPARTMENT JOINT POWERS PURCHASING CONSORTIUM." Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Page No. 1988 March 6, 1984 FIRE OFFICERS_ The Council acknowledged and discussed a memo from Administrator SELECTION Frazell regarding the process for selection of fire officers. It was the concensus of the Council that the selection committee should consist of Mayor Lockwood, Councilman Hartmann, Councilwoman Witt, Administrator Frazell, Police Chief Delmont, two members of the Volunteer fire department, and an outside Volunteer Fire Chief, and that March 31 should be scheduled as the date for interviews. ACTING CITY Mayor Lockwood moved the adoption of Resolution N0. 84-14, "RESOL- ADMINISTRATOR UTION APPOINTING STAFF POSITIONS TO SERVE AS ACTING CITY ADMINISTRA- TOR". Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 FILL PERMIT Ayes: 4 Nays: 0 The Council acknowledged and discussed a memo from Public Works Director Danielson recommending that the fill permit granted to Buesing Brothers Trucking for filling on .a portion of Resurrection Cemetery property in 1982 be considered valid subject to conditions stated in the original developer's agreement. After discussion, Councilwoman Witt moved to authorize execution of the developer's agreement for filling on the Resurrection Cemetery property, and that the original filling permit be approved retro- active to August 26, 1982. Councilman Hartmann seconded the motion. NEWSLETTER The Council acknowledged and discussed a memo from Engineering Aide Guy Kullander relative to reinstitution of the City newsletter. Ayes: 4 Nays: 0 RILEY PUD Councilman Hartmann moved to authorize staff to proceed with pre- paration of a quarterly newsletter. Councilwoman Witt seconded the motion. The Council acknowledged and discussed a memo from City Planner Dahlgren relative to a request from Jim Riley for approval to add a poolside recreation building to the original PUD for the Lexington Heights apartment complex. The Council concurred with the City. Planne that the request would not constitute a major change in the PUD. The Council directed that the application for permit for construction of the structure be submitted to the City Council for review and approval at such time as it is formally requested. FIREWOOD SALES The Council acknowledged a memo from Police Chief Delmont regarding firewood sales at 1472 Sibley Memorial Highway. Councilman Mertensotto moved to notify Mr. George McNeill via written communication from the Police Department that the City Council orders that he immediately cease and desist the retail sales operation on property not zoned for such activity, and that if the activity is not ceased in five days, that the Police Chief be instructed to issue a citation consistent with City ordinances. Page No. 1989 March 6, 1984 Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 RESIGNATION Mayor Lockwood read a letter he had received from Councilmember James Losleben expressing Councilman Losleben's desire to resign from the City Council effective April 1, 1984, because of business committments on his time. Ayes: 4 Nays: 0 Mayor Lockwood moved to accept the resignation of Councilman Losleben with considerable regret. Councilwoman Witt seconded the motion. The Council directed that staff notify the news media of the pending Council vacancy, advertising that the Council will take applications for appointment to the Council seat, and that appointment will be made on April 3rd. FIRE RELIEF Assistant City Attorney Hart responded to several questions from ASSOCIATION Councilman Mertensotto regarding the Fire Relief Association retire- ment issue. ADJOURN Ayes: 4 Nays: 0 There being no further business to come before the Council, Council- man Hartmann moved that the meeting be adjourned to Monday, March 19, 1984. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 12:35 A.M. thleen M. wanson City Clerk ATTEST: Robert G. Lockwood Mayor