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1984-05-15 Council minutesPage No. 2020 May 15, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 15, 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. 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, Hartmann, Mertensotto and Witt. ADOPTION OF AGENDA Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilwoman Witt moved the adoption of the agenda for the meeting. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the minutes of the May 1st meeting with corrections. Mayor Lockwood seconded the motion. Councilwoman Witt moved approval of the Consent Calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Fire Department monthly report for April. Acknowledgement of the Treasurer's monthly report for April. c. Approval of the List of Claims dated May 15, 1984, and totalling S131,857.15. d. Approval of the List of Contractor's licenses, granting licenses to: b. Bituminous Roadways, Inc. Concord Builders Developers Const. Co. Drews Construction James Steele Const. Co. Johnson Excavating Midwest Fence & Mfg. Co. New Systems, Inc. Asphaltic/Concrete General Contractor General Contractor Masonry License General Contractor Excavating License Fence Erecting General Contractor Ayes: 5 Nays: 0 WILLOW SPRINGS CREEK RELOCATION e. Page No. 2021 May 15, 1984 Patio Village, Inc. Rudy Excavating Sterling Fence, Inc. Sunrise Cement Co. Twin City Plastering, Inc. Wensmann Homes, Inc. General Contractor Excavating License Fence Erecting Masonry License Plastering/Stucco General Contractor Approval of the List of On and Off Sale 3.2 malt beverage licenses, granting licenses to: Country Club Markets Off-sale 3.2 non-intoxicat- ing malt beverage license George's Golf Range On/off sale 3.2 non-intox- icating malt beverage license Tom Thumb No. 563 Off-sale non-intoxicating 3.2 malt beverage license Par 3 Golf, Inc. On-sale 3.2 non-intoxicat- ing malt beverage license Councilwoman Blesener seconded the motion. The Council acknowledged and discussed a memo from City Engineer Kishel informing the Council that Mr. John Callahan has transferred title for Lot 2, Willow Springs Addition to Archbishop Brady High School, and recommending that the Council drop the public improvement project for relocation of the Willow Springs creek, as had been petitioned and bill the petitioner for accumulated excess costs in the amount of $7,527.70. Councilman Mertensotto felt that the developer should be resposible for the excess costs incurred by the City and further that the High School should be notified that final subdivision of the property, as was originally discussed by Mr. Callahan, will be withheld until the costs are paid. City Attorney Winthrop informed the Council that while the formal developer's agreement has not been signed by Mr. Callahan, there is an implied agreement between the City and the landowner and that Mr. Callahan should bear the responsibility for payment of the City costs. Councilwoman Witt moved that staff be directed to notify the low bidder that the project will not be constructed at this time and to bill Mr. Callahan for accumulated Ayes: 5 Nays: 0 HEARING-CASE NO. 83-02, CULLIGAN Page No. 2022 May 15, 1984 costs in the amount of $7,527.70 in excess of the $1,500.00 deposited in escrow for engineering for the petitioned project, and further that a copy of the communication with Mr. Callahan be submitted to Brady High School. Councilman Mertensotto seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Mr. Lawrence Culligan for critical area plan approval and subdivision of Valley View Oak Second Addition. Mr. Lawrence Culligan, developer of Valley View Oak Second Addition, was present for the discussion. He asked that Council discontinue the hearing for critical area review and that it consider a preliminary plat consisting of two lots and an outlot, rather than the platting as originally proposed. He indicated that he would then wait until 1986 or 1987 at which time Mn/DOT frontage road and storm sewer construction should be commenced, at which time he will return to request platting of the outlot. He stated at such time as he returns to request approval of the platting of the outlot, he would petition the City of Mendota for sanitary sewer extension to serve that property. Councilwoman Blesener stated that she does not like the approval of the first two lots to be tied to future approval of the outlot platting. Mr. Culligan acknowledged that he must come back at some future time with plans for the future subdivision of the outlot and understands that there is no committment on the part of the Council to approval of that future platting. Councilwoman Blesener stated that the curve shown on the lot on which Mr. Culligan's home is located implies future consent for the development. She suggested that an easement could be created and the City would not be involved at that point. Councilman Mertensotto stated that he would prefer that Mr. Culligan not plat the curved boundary of the property line, but grant the City an easement if necessary at a future time. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Coun- cilman Hartmann moved that the hearing on the Valley View Oak Second Addition be closed at 8:17 P.M. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING-CASE NO. 84-05, DODD CONST. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2023 May 15, 1984 Councilman Mertensotto moved approval of the preliminary plat for the Valley View Oak Second Addition, consisting of two lots and Outlot A. Councilman Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Dodd Construction Company for the vacation of a 10 foot wide drainage easement over Lot 2, Block 1, Ivy Keep II. Public Works Director Danielson stated that the easement was on a previously platted parcel of land at the time Ivy Keep II was platted and that the easement was overlooked in the platting process, receiving no comment by the developer, the City or the County at that time. He stated that while the easement is located on more than simply one lot, the staff is recommending vacation only as it relates to Lot 2. Mayor Lockwood asked for questions and comments from the audience. Councilmember Mertensotto stated that he did not believe the Council should consider any waiver of the vacation application fee, as was requested by the developer. He stated that the ordinance requires an application fee and that no precedent of the waiver should be established. After discussion, Councilman Mertensotto moved that the hearing be closed at 8:30 P.M. Councilman Hartmann seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 84-29, "RESOLUTION AUTHORIZING VACATION OF UTILITY EASEMENT IN THE IVY KEEP II PLAT." Councilman Hartmann seconded the motion. Councilman Mertensotto moved that the request from Dodd Construction Company for waiver of the $250 application fee for easement vacation be denied. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CURLEY ADDITION BIKE TRAIL Ayes: 5 Nays: 0 ( ) HEARING-CASE NO. 84-03,NORTHLAND LAND COMPANY Page No. 2024 May 15, 1984 The Council acknowledged and discussed a memo from Public Works Director Danielson relative to the proposed bike trail on Lot 10, Curley Addition. Mayor Lockwood noted that the Park and Recreation Commission, according to the memo from Public Works Director Danielson, felt very strongly that the lot was not purchased to be used as a park facility and that the Commission continues to recommend that Council approve the staff plan which allows for recovery of bike trail construction costs by sale of the remainder of the lot. Mr. Eric Mattson, 2102 Timmy Street, read a petition which was dated February 24, 1975, and signed by numerous residents of the Curley Addition requesting construction of a park in the area of Curley's Valley View Heights. He also reviewed notes he had taken at a Park Commission meeting in February of 1975, relating to the issue. Mr. Mattson presented the Council with a petition from the Curley Addition objecting to the sale of the lot. Mrs. Maple, 2166 Timmy Street, stated that she is most concerned about the lot being cleaned up and suggested that if the bike trail were constructed through the center of the lot, the drainage system would not need to be rerouted as proposed in the staff plan. After discussion, staff was directed to research City Council and Park and Recreation Commission minutes relative to the acquisition of the property in 1975. The Council also directed that the City Planner review the matter and present alternatives for Council discussion. Councilman Mertensotto moved that discussion on the Curley Addition bike trail be continued to June 19th. Councilwoman Blesener seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Northland Land Company for a conditional use permit for filling, and also a request for annexation of property currently within the corporate limits of the City of Eagan. Mr. George Burkards, representing the United Properties marketing division, was present relative to the request. In response to a question from Mayor Lockwood regarding the annexation, Mr. Burkards stated that sometime ago Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 BROOKSIDE LANE Page No. 2025 May 15, 1984 his firm realized that its property did not extend all the way to 1-494, but that a long, narrow strip of property between the highway right-of-way and the United Properties land was owned by Northwestern Mutual Life Insurance Company. He stated that his firm has been negotiating for the acquisition of the property with Northwestern Mutual. He noted that the Council packet includes a proposed resolution for annexation of the Northwestern Mutual property into the corporate limits of the City of Mendota Heights. He stated that Northwestern Mutual will request the City of Eagan to adopt a resolution detaching the property from the corporate limits of the City of Eagan. Mayor Lockwood reviewed past history on freeway location discussions, particularly as those discussions related to shifting of the freeway from section lines. He stated that it was acknowledged at the time discussions were held between the Mn/DOT, Mendota Heights and Eagan officials, that there might be small parcels of land located within the corporate limits of each of the communities isolated from the communities by way of freeway construction. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilwoman Witt moved that the hearing be closed at 9:25 P.M. Councilman Hartmann seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 84- 30, "RESOLUTION PROVIDING FOR CONCURRENT DETACHMENT AND ANNEXATION OF INCORPORATED LAND." Councilwoman Witt seconded the motion. Councilman Hartmann moved the adoption of Resolution No. 84-31, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR NORTHLAND LAND COMPANY", as corrected to delete reference to Johnson Brothers Corporation. Councilman Mertensotto seconded the motion. The Council acknowledged and discussed a memo from City Engineer Kishel recommending that the City acquire the south half of the vacated Brookside Lane. City Attorney Winthrop explained the history of the street vacation Ayes: 5 Nays: 0 HANDICAPPED PARKING REQUEST MISCELLANEOUS LIQUOR ORDINANCE MISCETLANEOUS Ayes: 5 Nays: 0 Page No. 2026 May 15, 1984 and reviewed the request by Francis Stelter, 644 Brookside Lane, that the City reacquire the south half of the right-of-way, so that the City can legally maintain the paved street. Attorney Winthrop stated that the affected property owners have been contacted and have been requested to grant quit claim deeds for the property to the City. He recommended that the Council authorize preparation of quit claim deeds and negotiation with property owners. After discussion, Mayor Lockwood moved to authorize preparation of quit claim deeds, staff negotiation for property owner signatures and recording of the documents, and authorization for legal expenses involved. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from Public Works Director Danielson relative to a request from Mrs. Edward Cartier, 528 Annapolis, to provide an on-street handicapped parking stall on Fremont Avenue adjacent to their property line. Discussion on the matter was tabled, and staff was directed to research sample ordinances including regulations adopted by the cities of Minneapolis and St. Paul. The Council acknowledged a memo from Police Chief Delmont regarding three and four wheel vehicles operating illegally in freeway construction areas. The Council also acknowledged a memo from Police Chief Delmont regarding a truck for sale at Marie and Ridgewood, and indicated that there is no code violation involved. The Council acknowledged and discussed a proposed ordinance licensing and regulating liquor sales. Councilman- Mertensotto moved that Councilwoman Blesener be appointed as the City's delegate to the Association of Metropolitan Municipalities annual conference. Councilman Hartmann seconded the motion. Mayor Lockwood and City Administrator Frazell both informed the Council that they would be absent from the June 5th regular meeting. n ADJOURN Ayes: 5 Nays: 0 Page No. 2027 May 15, 1984 Councilman Mertensotto noted that the Fire Department monthly reports again indicate a very large number of false alarms and suggested that the Council should consider assessing a charge for false alarms. There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned to May 22nd, at 7:15 P.M., for a joint Planning Commission/City Council meeting. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:09 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Robert. G. Lockwood Mayor