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1982-09-21 Council minutesPage No. 1714 September 21, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 21, 1982 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 the 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, Councilmen Hartmann and Mertensotto and Councilwoman Witt. Councilman Losleben had notified the Council that he would be out of town. CONSENT CALFNDAR Ayes: 4 Nays: 0 Councilman Mertensotto 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. 1. Approval of the List of Claims dated September 21, 1982 and totalling $115,720.84. 2. Approval of the List of Licenses, granting licenges to: Rudy Lenz, Inc. Dick Levine Excavating Co. JSR General Contractor Site Services, Inc. Concrete License Excavating License General Contractor License General Contractor License 3. Acknowledgement of the Minutes of the September 15th Planning Commission meeting, the September 1st NDC-4 meeting, and the monthly Treasurer's report for August. 4. Adoption of Resolution No. 82-78, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 81, PROJECT NO. 8) DUPONT ADDITION," authorizing final payment of $10,252.92 for work completed on the project. Councilman Hartmann seconded the motion. COMMUNICATIONS Mr. Bernard Friel was present to discuss his letter requesting the installation of "no hunting" signs. Mr. Friel indicated that, ' particularly during duck hunting season, there are ,always a number of hunters discharging weapons near the ponds located on the School District property at the south end of the City. He asked that the Council authorize installation of signs at Dodd Road and Blue Gentian, Blue Gentian and Delaware, Pagel Road at Hazel Court and Huber Drive at Delaware to remind hunters approaching the area that hunting is not allowed in Mendota Heights and thereby discourage the activity. Mr. Friel advised that he has contacted the Police EAGLE POINT Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 1715 September 21, 1982 Department when he has observed hunters in the area but that he does not believe citations have been issued in response to the violations. • Councilman Mertensotto felt that approval of the request aculd-result in-the receipt of many other, similar requests, and suggested that a better approach would be to direct the Police Chief to order patrolling in the area early in the morning along with the issuance of citations for any violations. Councilwoman Witt advised that hunting is allowed in the rural areas of Eagan, if certain conditions exist, and agreed that signs to indicate the no hunting regulation should relieve the problem of hunters crossing Blue Gentian from Eagan. Mayor Lockwood felt that perhaps a no-hunting and trapping sign should be placed on or near the City limits sign at the south end of the City on Dodd Road. After discussion, and an apparent concensus of the Council to approve signing, the matter was referred to the Police Chief for a report on hunting activities in the area along with a history of past citations issued (or lack of citations) and a recommendation on whether signs should be installed and if so where minimal signage should occur. Maya.l-Lockwoodopened the meeting for the purpose of a public hearing on an application from the Eagle Point Development Company for amendment to the Eagle Point planned unit development. Mr. Bruce Martin of Lanvesco Corporation advised the Council that the applicants are requesting a change in the PUD to reduce the number of units from 60 to 54 and to construct the buildings in two phases consisting of 27 units per building. Mr. Martin reviewed an overlay of the proposed PUD over the originally approved Eagle Point PUD. He advised that the originally approved building location and setbacks and exterior design will be maintained but that the unit size would be increased to a range of 1572 to 2408 square feet. He indicated that the sales prices will range from $150,000 to $270,000. Mr. Martin also requested approval of a new final plat which would create a lot and block for each of the two structures as opposed to the original plat which consisted of a single lot/block for the entire parcel. Councilman Mertensotto stated that his only caution relative to the proposed platting is the potential for change in parcel ownership before •construction of-the second structure. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Mertensotto moved that the hearing be closed at 8:13 P.M. Councilwoman Witt seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 82-79, "RESOLUTION APPROVING EAGLE POINT P.U.D. AMENDMENT." Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 30 528 FREMONT Ayes: 4 Nays: 0 MENDOTA PLAZA Page No. 1716 September 21, 1982 Councilman Mertensotto moved the adoption of Resolution No. 82-80, "RESOLUTION APPROVING FINAL PLAT FOR EAGLE RIDGE PLAT NO. 6". Councilman Hartmann seconded the motion. In response to an invitation from the Council, Mr. Peter Schwartz was present to advise the Council on the proposed schedule for completion of a structure moved to 530 Fremont. Mayor Lockwood advised Mr. Schwartz that the Council has asked staff why the structure was still on stilts early in September even though approval of a variance to allow moving of the structure was conditioned upon completion by August 1st. Mr. Schwartz stated that the reason for the delay in completion is that he was unable to get a performance bond until July 1st. He advised the Council that the house has now been placed on its foundation, the garage slab has been poured, the plumbing is being put in and the roof is about half finished. He asked the Council to grant an extension of the completion date to July 1, 1983, but acknowledged that the Code Enforcement Officer has given him a December 1, 1982 deadline. After discussion, Councilman Mertensotto moved that an exten- sion to December 1, 1982 be granted to Mr. Schwartz for the completion of all improvements required under the original performance bond data sheet and building permit. Mayor Lockwood seconded the motion. Mr. William Sheehy was present to review and discuss a des- cription of several renovation activities proposed to be completed at the Mendota Plaza Shopping Center. As part of the discussion, Mr. Sheehy advised the Council that he and representatives of MGM Liquors could not reach agreement over space and other details and that he is now negotiating tenancy details with Star Liquors and a potential pizza parlor lessee. After review of the "description of work" and drawings of proposed renovation, Mr. Sheehy invited the Council to add to his "laundry list." Mr. Sheehy asked that the Council agree to consider the matter again at the next meeting, so that some of the work, such as painting, can be completed before winter. Several additional items were suggested by the Council members including such details as extension of the metal facade around the entire structure, increased lighting in the mall area, placement of the benches on the interior, rather than exterior walls of the mall area as proposed by Mr. Sheehy, and other details. City Administrator Johnson suggested to the Council that the majority of the items contained in Mr. Sheehy's list, do not normally receive prior Council approval or consideration, and unless the Council so directs, there is no reason for Mr. Sheehy not to accomplish painting before any other approvals. Page No. 1717 September 21, 1982 Mayor Lockwood noted that there were members of the audience present for the discussion and asked for their comments. Mr. Richard Stryker, owner of the Dakota County State Bank Building, commented that the shopping center is obviously in need of attention, pointing out that the masonry is in bad shape, ceiling tiles are falling down, and it needs painting. He noted that at such time as T.H. 149 is realigned, the center will be oriented towards South Plaza Drive and pointed out the lack of landscaping, the weeds, and the generally unsightly conditions. He pointed out that the tennants in his several million dollar structure have had to look at a very unappealing shopping center for the past ten years and felt that something to enhance its appearance should be done before the off- sale liquor issue is resolved. Mr. Sam Shepard, Manager of Minnesota Federal, a tennant of the center, asked whether the "laundry list" would be accomplished whether or not a liquor license is issued. Mr. Sheehy responded that some of the items will probably be accomplishe because the center is very hard to rent. He stated that painting and sign renovation would occur whether or not a liquor license is approved. Mayor Lockwood stated, in response to the liquor issue, that he will take the position that a public hearing should be conducted before any decision is made on adoption of off-sale liquor provisions. He suggested to Mr. Sheehy that he should proceed with painting and other repairs which should be done. DELAWARE CROSS- Mr. Tom Balyk and Mr. Robert McKinstry, representing Minnesota ING REPLAT Federal Savings and Loan, were present to request approval of the final plat for the Delaware Crossing Second Addition. In response to a reminder from Councilman Mertensotto of the conditions attached to the preliminary plat approval, Mr. Balyk advised that deeds to convey title to Outlots B and C to the City have been prepared. He asked the Council to adopt a resolution to support the Minnesota FSL request for tax abatement which has been submitted to the County. Mr. McKinstry stated that his firm will take the responsibility for paying the taxes in order to resolve the situation but asked that the City cooperate in the abatement effort. He advised that if the abatement is denied by the County his firm will pay the taxes and convey the deeds to the City. The City Council expressed its intent to support the abatement and take the position that the payment of taxes is the responsibility of the grantor should the abatement not be granted. With the understanding that Minnesota Federal Savings and Loan has agreed to be responsible for the taxes on Outlots B and C and intends to deed said outlots to the City as required in the original platting agreement, and with the understanding that the City will support a resolution to be submitted by the applicant on October 5th relative to abatement of taxes on said outlots, Councilman Mertensotto Page No. 1718 September 21, 1982 moved the adoption of Resolution No. 82-81, "RESOLUTION APPROVING FINAL PLAT FOR DELAWARE CROSSING SECOND ADDITION." Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 FIRE STATION ARCHITECT AGREEMENT FIRE DEPARTMENT MATTERS MISCELLANEOUS AIRPORT LAND USE SAFETY ZONING MISCELLANEOUS STREET ASSESS- MENT POLICY 1983 LEVY City Attorney Winthrop and the Council members reviewed the proposed agreement for Fire Station architectural services. After discussion, Mr. Winthrop was directed to review several details with Trossen and Wright and report to the Council on October 5th. Councilman Mertensotto advised the Council that Assistant Fire Chief, Dale Peterson, is planning on retiring sometime after January 1, 1983, and that the annual fire department meeting will occur next month, at which time the department will ordinarily elect officers for the coming year. He stated that he suspects that Assistant Chief Peterson will, at the annual meeting, advise the department members that he will be retiring and would not then accept the Assistant Chief appointment for 1983. In view of these Oircumstances, he asked the Council to direct the City Administrator to write a letter to Fire Chief Noack, advising him that the Council has discussed the possible retirement of Assistant Chief Dale Peterson and suggested that it be the Council's intent to reappoint both Chief Noack and Assistant Chief Peterson. However, if the Assistant Chief confirms that he will be retiring, it would then be the Council's intent to appoint Fire Captain Gene Lange as the Assistant Fire Chief. Councilman Mertensotto advised the Council that he has spoken to both Chief Noack and Captain Lange and has their concurrence on the potential appointment of Captain Lange if the Council is in agreement. It was the concensus of the Council to agree with the recommendations expressed by Councilman Mertensotto, particularly in view of the fact that such activity is in accordance with the requirements of the Ordinance establishing and setting forth procedures for the Fire Department. Councilwoman Witt advised the Council on NDC4 activities. The Council acknowledged and discussed a letter prepared by John Shardlow to present the City's concerns regarding airport land use safety zoning. The Council directed that the letter be executed by Mayor Lockwood and submitted to Mn/DOT. The Council referred a letter from Mr. Brent Baskfield to Attorney Winthrop for review. The Council briefly discussed a memo and proposed resolution which had been distributed on August 3rd, relative to street assessment policy adoption. Administrator Johnson distributed and briefly reviewed a memo relative to anticipated 1983 General Fund revenues and the proposed levy. Discussion was tabled to October 5th. ADJOURN Ayes: 4 Nays: 0 ATTEST: Page No. 1719 September 21, 1982 There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:20 o'clock P.M. Robert G. Lockwood Mayor athleen M. Swanson City Clerk