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1974-07-1601 -- CITY OF MENDOTA HEIGHTS Dakota County, Minnesota AGENDA July 16, 1974 8:00 P.M. 1. Call to Order. 2. 'Roll Call. 3. Approval of Minutes, July 2, 1974. 4. Abatements. (Representative of County Assessor will be present.) 5. Old Business a. Proposed street scarifying project. (See attached letters.) ------- —.b. Mendota Water Company Rate Increase. (See attached opinion from City Attorney.) c. Planning Commission Case No. 73-12, Humpal, Application for Variance. (Continued from July 2.) 6-. Communications ,a. Letter from Association of Minnesota Municipalities regarding 1974/75 membership dues. 'b. Letter from Association of Minnesota Municipalities regarding committee membership. a. Letter from Carmen Tuminelly requesting sewer and water service to property located in Lilydale. d. Letter from Minnesota Highway Department regarding bike/pedestrian ways. a 7.' Department Reports ....... .. . . a. Police Department monthly report, June, 1974. Fie ers- DEPT keep ,&-i� �r-,, 197-t — 1A7,144(l 8. New Business Public Mayor City Administrator a. Proposed resolution establishing assessment payment schedule for Tract A, Ivy Hills Falls Addition (George Tesar property). r i Agenda -2- July 16, 1974 b. Approval of 1974/75 Public Works Department Labor Contract as per previous discussions. c. Space Study Disicussion. (See attached brochure from Bergstedt, Wahlberg, Bergquist, Rohkohl.) d. Discussion of Orchard Place/Hunter Lane sewer and water feasibility study. e. Proposed resolution from Minnesota Highway Department for Highway 13 improvements (plan approval/non-encroachment). f. Set hearing date for Wachtler Avenue Street Vacation hearing. (August 6, 1974.) y 'grey ��-,��,� ,�1�n,f, f�n�, Trustees City Engineer a. Change Order No. 2, Rogers Lake Overflow Project. (Improvement No. 72, Project No. 4.) City Attorney a. Proposed resolution approving final plans and specifications for Wachtler Avenue street improvements. (Available Tuesday.) b. Proposed ordinance amending the Zoning Ordinance to allow construction of animal hospitals in B-2 and B-3 Zoning Districts as a conditional use. City Clerk -Treasurer a. Proposed ordinance amending Ordinance No. 43 regarding connection to sanitary sewer system. 9. Approval of the List of Claims. 10. Approval of Licenses: 11. Adjourn. Rauchwarter, Inc. Carlson Sewer Co., Inc. Wm. F. Kopp Construction Co. Val Kuntz, Builder Mitchell Heating Co. Schwantes, Inc. Gopher Masonry, Inc.' Erickson Plumbing & Htg., Inc. A & R Roofing Excavating License Excavating License General Contractor License General Contractor License Heating License Heating License Masonry License Plumbing License Roofing License LIST OF CLAIMS SUBMITTED TO THE COUNCIL FOR APPROVAL nONDS 3,787.50 2174 $ 5,456.11 2175 19,081.38 2176 33,462.28 2177 24,613.88 2178 3,787.50 2179 138,135.00 2181 15,028.53 2182 25,149.81 2183 13,078.50 2184 22,695.07 2185 31,155.31 2186 34,353.16 July 16, 1974 Richfield Bank & Trust Co. Impr. Bonds of 1964 American National Bank and Trust Co.Impr. Bds Dtd 12-1-68 American National Bank and Trust Co.Impr. Bds Dtd 11-1-71 American National. Bank and Trust Co.Trunk Sewer Bonds Dtd 11-1-70 Northwestern National Bank of Mpls Impr. Bds Dtd 5-1-67 Northwestern National Bank of Mpls Impr. Bds Dtd 8-1-72 The First National Bank of St. Paul Impr. Bds Dtd 5-1-70 The First National Bank of St. Paul Impr. Bds Dtd 7-1-66 The First National Bank of St. Paul Impr. Bds Dtd 6-1-69 The First National Bank of St. Paul Park & Recreation Bds Dtd 5-1-72 The First National Bank of St. Paul Trunk Sewer Bonds Dtd 2-1-72 The First National Bank of St. Paul Impr. Bds Dtd 5-1-73 CERTIFICATES OF INDEBTEDNESS 2180 $ 20,586.60 . The First National Bank of Mpls Certificates Dtd 5-1-70 PARK BOND FUND 2187 $ 418.95 Redding's Marine, Inc., Park Equipment PROJECTS 88 $ 9,699.30 Fischer Sand & Aggregate, Inc. Partial Payment Cert. #1 -Imp. 74 Proj. 1 2189 32,192.09 Fischer Sand &.Aggregate, Inc. Partial Payment Cert. #3 - Imp. 73 Proj. 3 2190 1,301.22 Bettenburg Townsend Stolte & Comb Inspection Costs 74-1 2,442.46 If" 11 11 11 11 Inspection Costs 73-3 188.03 Inspection Costs 73-1 494.10 ItInspection Costs 72-4 355.04 Engineering Costs 74-5 505.72 Engineering Costs 74-2 CIVIL DEFENSE FUND 2197 $ 27.10 Uniforms Unlimited Inc. Shirts & Flags PAYROLL 2173 $ 11,232:09 Mid America State Bank Net Payroll for 7-15-74 ADMINISTRATION 2190 $ 600.00 Bettenburg Townsend Stolte & Comb City Engineer Retainer 53.30 Plaza Shopping Center Drainage Studies 2191 44.10 Northwest Publications, Inc. Classified Ad - Employ. 2192 90.00 Treasurer, City of Minneapolis Compensation for employ. with Twin City Area Urban Corps (G. Eitel; 93 75.00 International City Management Ass'n Annual Subscription Fee !4 674.00 Association of Metropolitan 1974-75 Membership Dues Municipalities 2195 3.80 Suburban Stationers Inc. Pencil Carbon 2196 13.92 Northwestern Bell Telephone Co. Billings 2204 8.45 Coast to Coast Stores Paint List of Claims (cont'd) ADMINISTRATION 2212 $ 1.00 Chester Pearson 19 500.00 2222 90.40 POLICE DEPARTMENT 2197 $ 2.00 2198 24.00 2199 26.15 2200 17.67 2201 40.00 2202 12.72 2203 333.98 2204 .91 FIRE DEPARTMENT 2196 $ 87.65 2205 12.50 2206 50.87 2208 19.88 2225 187.80 Midwest Planning and Research,Inc. U.S. Post Office Uniforms Unlimited Inc. City Motor Supply, Co. Inc. K -R Communications, Inc. Motor Parts Service Co., Inc. Signal Car Wash Fury Motors, Inc. Standard Oil Division Amoco Oil Co. Coast to Coast Stores Northwestern Bell Telephone Co. Radiator Service Co. Fury Motors, Inc. Bob Carter Ford, Inc. Minnesota Fire Incorporated ROAD. & BRIDGE DEPARTMENT 2203 $ 320.35 Standard Oil Division Amoco Oil Co. 2204 12.28 Coast to Coast Stores 2207 1,018.69 Pine Bend Paving Inc. 09 49.50 L. N. Sickels Co. 10 11.25 Shaw Lumber Co. 2111 115.82 Delta Chemical Corporation Quick Claim Deed - 1957 Walsh Lane Ordinance Printing Postage Federal Red Baton Repairs & Maintenance Radio Equip. Repairs KD Lamps 3 Mo. Contract Repairs & Maintenance Gasoline Supplies - Dog Snaps Billings Repairs & Maintenance Repairs & Maintenance Repairs & Maintenance Raincoats Gasoline Supplies Asphalt Asphalt Wood Lath Skin Kleen & Tar Remover 2213 6.50 Mendota Heights Standard Repairs & Maintenance 2214 63.00 Sexton Printing Inc. Signs 2215 25.00 Mendota Heights Rubbish Service,Inc.Rubbish Removal 2216 360.00 The ZECO Company Equipment Rental PUBLIC UTILITIES 2196 $ 20.50 Northwestern Bell Telephone Co. -Billing 2217 220.46 Farwell Ozmun, Kirk & Co. Hydrant Repairs & Maint. 2218 3.67 Bruce Levine Reimbursement for Postage & Ins. Cov. 2220 83.30 Globe Publishing Company Sewer Rental Receipt Books PARKS DEPARTMENT 2198 $ 45.17 City Motor Supply, Co. Inc. Repairs & Maintenance 2204 47.17 Coast to Coast Stores Supplies & Repairs and Maintenance 2210 15.30 Shaw Lumber Co. Repairs & Maintenance 2215 34.00 Mendota Heights Rubbish Service,Inc.Rubbish Removal 2217 24.87 Farwell Ozmun, Kirk & Co. Supplies 2221 173.25 Steichen's Recreation Supplies 2222 9.60 U.S. Post Office Postage 2223 34.50 Dewey Selander Roller Skating Refunds :4 38.25 South & West St. Paul Transit School Bus to Wagon Wheel Stables 2226 401.82 Carlson Tractor & Equipment Co. Equipment Rental & Repairs &•Maint. 2227 186.00 Leonard Endresen Signs - Rogers Lake List of Claims (cont'd) PARKS DEPARTMENT ^228 $ 82.33 Arrow Mower Service Repairs & Maintenance 29 31.52 Harvey Franzmeier Expense Report - Dutch Elm Workshop 2230 8.90 Home Repair Service Bracket 2231 43.00 Olson Equipment Company Curb Stakes L, Page 390 July 2, 1974 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 2, 1974 Pursuantto due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Wahl, Losleben and Gutzmer. Councilman Lockwood had notified the Council that he would be late. APPROVE MINUTES Councilman Losleben moved approval of the minutes of the June 11 meeting. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 Councilman Gutzmer moved approval of the minutes of the June 18 meeting. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 HEARING -- Mayor Huber opened the meeting fox -the purpose of a hearing STREET SCARIFYING on proposed street scarifying and oiling improvements and PROJECT turned the meeting over to Administrator Johnson for an explanation of the proposed project. Administrator Johnson gave the audience a brief history of the proposed improvements, stating that a notice of hearing had been published in the newspaper and residents were sent a letter explaining the project. He stated that the proposed project is a service rather than a permanent improvement and explained the type of work which is proposed for the following streets: Butler Avenue Diego Lane Esther Lane Furlong Avenue Junction Lane Kendon Lane Lakeview Avenue Kirchner Avenue Mayfield Heights Miriam Avenue Pierce (Hiawatha Rogers Road Simard Street Spring Street Swan Lane Valley Lane Winston Court Between Esther Lane and Ivy Hill Drive Winston Court and Miriam Street Butler Ave. and Junction Lane East of TH 55 Chippewa Avenue and Esther Lane East of TH 55 East -of TH 55 Butler Avenue and Esther Lane Road South of TH 13 West of Chippewa Avenue South of Garden Lane East of TH 55 Chippewa Avenue and Miriam Southwest of Butler Avenue Wagon Wheel Trail and Cheri Lan Kirchner Avenue and View Lane Cul-de-sac and Diego Lane He stated that the estimated total cost of this maintenance work would be slightly under $10,000. Mr. Johnson explained Page 391 July 2, 1974 the proposed assessing method, stating also that if.the project is initiated, residents may either pay the full amount of their assessment to City Hall or have it certified to the County and included in 1975 taxes payable. Mayor Huber explained the budgeting limitations and the current necessity to assess for this type of street maintenance Councilman Lockwood arrived at 8:10 o'clock P.M. Mayor Huber asked for questions and comments from the audience. He stated that those persons who wish to make written comments or objections may do so after the hearing on a list provided by the City Clerk. Mr. Lyal Hefflefinger, 569 Miriam Street, asked if the water problem at the end of his street will be taken care of in the. project. Jim Boyer, 1038 View Lane, asked if this type of project would be done annually. John Hartmann, 560 Miriam, was opposed to a temporary project if full improvements are to be considered at a later date. William Shaughnessy, 562 Winston Court, asked why revenue sharing funds are not being used to finance street maintenance, and stated that the cul-de-sac on Winston Court should be torn up and the street should be dead -ended. Ken Gauw, 1189 Rogers Road, stated that he and the other three:home owners on Rogers Road feel that their street is adequate as it is now. Melvin Lathrop, 566 Hiawatha, submitted a petition from the residents on Hiawatha in objection to the proposed project. Wilfrid Oster, 1068 Esther Lane, stated that the scarifying project will do no good because of the water problem. Bill Allen, 900 Wagon Wheel Trail, asked if there would be a special formula for assessing corner lots. John Fuller, 568 Winston Court, requested that no decision on the project be made at this hearing. William Treuter, 564 Hiawatha, stated that many of the residents on Hiawatha feel they cannot afford the cost of the t assessment. Ralph Spindler, 584 Butler, stated that he is in favor of the project. Lyall Hefflefinger stated that he feels the project is worthwhile, but would prefer blacktopping. Chester Boike, 1000 Diego Lane, was concerned that this might become an annual project. Ayes: 5 Nays: 0 Page 392 July 2, 1974 Paul Krueger, 523 Junction Lane, complained about the drainage problems and culverts. Mrs. Wilfrid Oster, 1068 Esther Lane, stated that she objects to the project if no culvert work is proposed for Esther Lane. There being no further comments or questions from the audience, Mayor Huber moved that the hearing be closed. Councilman Gutzmer seconded the motion. The hearing was closed at 9:13 o'clock P.M. RECESS Mayor Huber called a recess at 9:14 o'clock P.M. The meeting was readjourned at 9:25 o'clock P.M. MENDOTA WATER Mayor Huber opened the meeting for the purpose of a hearing COMPANY RATE on a Mendota Water Company rate increase request and turned INCREASE the hearing over to City Administrator Johnson for a brief history of the increase request. Administrator Johnson stated that a notice of the hearing had been published in the legal newspaper, however mailed notices were not required. He further stated that on March 5 a letter was received from the Mendota Water Company requesting that water rates be increased to the following amounts: residential properties -- $9.00 minimum per month for -the first 30,000 gallons per month plus 48� per 1,000 gallons per month in excess of 30,000 gallons; commercial properties -- $12.00 per month for the first 30,000 gallons of water plus 48� per 1,000 gallons in excess of 30,000 gallons per month. He - pointed out that the hearing was called in accordance with the franchise ordinance granted to the Mendota Water Company in 1956. Mr. Warren'.Tyler and Mr. Joseph Labuda, officers of the Water Company, were introduced to the audience, and stated that they would be willing to answer questions from the audience. Mayor Huber stated that the Council members must decide if the company is receiving a reasonable return on the original investment, since that -is the only factor the City can legally control. Mayor Huber asked for questions and comments from the audience. Mrs. Leonard Dahl, 749 Decorah Lane, stated that $9.00 per month is excessive and pointed out that the company's profit is over $3,000 per month, which she considers a very large return on the original investment. Michael Korby, 772 Keokuk, asked what percentage of the additional -charge would be used for maintenance and repairs. He also stated that there has not been adequate water pressure for -,the -past -three years and asked -if -the company- -does ---periodic checks on the system. Leonard Dahl, 749 Decorah Lane, asked the total depreciation Page 393 July 2, 1974 taken over the past seventeen years and the names of the stockholders as well as the amount of shares owned by officials of the company. William Chisler, 1388 LeMay, asked the salaries of the staff and directors.- He also asked if the meters had been calibrated since the system was purchased. Mrs. Michael Korby complained about water pressure, especially in the summer, and the rust in the water. Paul Rhein, 2305 Apache, asked if the IRS has approved the company's depreciation schedule. ' Wendell Stone, 2331 Apache, asked what constitutes a fair return on the investment. Mayor Huber directed the City Attorney to"verify that the only legal consideration for granting or denying a rate increase is the rate of.return on the corporation's original investment. There being no further questions or comments, Mayor Huber moved that the hearing be closed. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 The hearing was closed at 10:21 o'clock P.M. RECESS Mayor Huber called a recess at 10:22 o'clock P.M. The meeting readjourned at 10:30 o'clock P.M. IMPROVEMENT Mayor Huber moved the adoption of Resolution Number 74-59, BONDS "RESOLUTION CALLING FOR SALE OF $125,000 IMPROVEMENT BONDS," and that a special meeting be held for the bid opening on July 30, 1974. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 LEE'S JANITOR Administrator Johnson stated that Mr. Carmen Tuminelly had SERVICE contacted him to temporarily withdraw his request for approval of modification of the Lee's Janitor Service site plan. I - GEORGE TESAR The Council acknowledged receipt of a letter from ASSESSMENT Mr. George Tesar requesting that he be allowed to pay PAYMENT approximately half of the $2,800 assessment for sewer and water for Parcel A, Ivy Hills Falls Addition, and that he be allowed to pay the other portion of the assessment over a nine-year period as a special assessment. Councilman Lockwood moved that the City Attorney be directed to prepare a resolution granting the request. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 Page 394 July 2, 1974 Mayor Huber turned the meeting over to Acting Mayor 1,6ckwood and left the meeting at 10:45 o'clock P.M. MISCELLANEOUS Mr. David Felling, 1035 view Lane, was present to request a variance to allow him to construct a seven by ten foot storage shed four and one-half feet from his property line. Ayes: 4 Nays: 0 After a brief discussion of the matter, Councilman Gutzmer moved approval of the 53� foot variance from the sideyard setback requirement. Councilman Losleberi seconded the motion. The Council acknowledged receipt of a letter from Mrs. D. W. Pace, Sr., 991 Wagon Wheel Trail, in appreciation for the Park -A -Rama program and the Rogers Lake park site. POLICE Councilman Wahl moved the adoption of Resolution Number 74-61, DEPARTMENT "RESOLUTION AUTHORIZING LETTER TO UNIVERSITY OF MINNESOTA ROSEMOUNT RESEARCH CENTER INDEMNIFYING CENTER AGAINST LOSS, BECAUSE OF USE OF FIRING RANGES BY CITY POLICEMEN." Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 KIRCHERT/CARLSON Councilman Losleben moved to adopt a resolution amending SEWER AND WATER Resolution Number 74-35 regarding the use of the second residence on the Kirchert property after sewer and water installation. Councilman Wahl seconded the motion. Administrator Johnson pointed out that the City Appraiser was planning to contact Mr. Kirchert regarding e =secondo residence. Councilman Losleben stated that he would like to contact Mr. Kirchert again before any formal action is taken. After a brief discussion, Councilman Wahl withdrew his second of the motion. Councilman Losleben withdrew the motion. POLICE The Council acknowledged receipt of the Police Department DEPARTMENT monthly reports for April and May, 1974. REPORTS PLANNING The Council acknowledged receipt of the June 25 Planning COMMISSION Commission minutes. MINUTES CASE NO. 74-11, Administrator Johnson pointed out that although the Planning WACHTLER AVENUE Commission recommended approving the vacation of Wachtler VACATION Avenue between Valley Curve Road and Hilltop Road, it will be necessary to hold a public hearing prior to a decision. Councilman Gutzmer moved that the Administrator and Attorney be directed to prepare the necessary notices and fulfill publication requirements and recommend to the Council a* hearing date. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 I- Page 395 July 2, 1974 CASE NO. 73-12, Mr. Richard Humpal, 599 Callahan Place, was present to request HUMPAL a variance to construct a two -car garage and a fifteen foot variance from the rear -yard setback requirement. Mr. Nicholas Cheesebrow, 594 W. Marie Avenue, Mr. Humpal's neighbor, objected to the fifteen foot variance because the garage would be too close to his home. Building Inspector Bjorklund indicated that a variance from the Building Code would also have to be granted for the square footage of the garage. Acting Mayor Lockwood moved that the matter be tabled to July 16 and that the staff be directed to contact the two abutting property owners regarding the variance. .�yeos CASE NO. 74-13, Mr. Casper Capser, 569 Kirchner Avenue, was present to request CAPSER an eight foot variance from the sideyard setback requirement to construct a garage. Councilman Gutzmer moved that an eight -foot sideyard setback variance be granted. Councilman seconded the motion. Ayes: 4 L®�leketi Nays: 0 CASE NO. 74-14, Mrs. Stewart Anderson was present to request assurance that the HI -TEMPO total Hi -Tempo ski-shop/garden furniture sales operation would be a permitted use on the property directly east of Swenson's Carriage House (in a B-2 District). Mrs. Anderson presented and explained proposed plans for the building. Administrator Johnson stated that B-2 Zoning restrictions allow sporting goods outlets but not outdoor sales. He pointed out that Hi -Tempo is planning to construct a patio area to display outdoor furniture but that it would be enclosed by translucent -type fencing. f Councilman Losleben moved to concur with the Planning Commission interpretation of the B-2 restrictions, allowing construction of the complete ski shop/garden furniture sales operation in a B-2 Zoning District. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 CASE NO. 74-15, The Council biiefly discussed Dr. Thomas Koepke's request KOEPKE and the Planning Commission's recommendation to amend the Zoning Ordinance to allow construction of an animal hospital in B-2 and B-3 Zoning Districts as a conditional use. Councilman Gutzmer moved that the Attorney be directed to prepare an amendment to the Zoning Ordinance to allow animal hospitals within B-2 and B-3 Districts as a conditional use. Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 Page 396 July 2, 1974 CASE NO. 74-16, Administrator Johnson outlined the Planning Commission action BREAM (EAGLE on Mr. Bream's proposed plans for additional development of RIDGE) Eagle Ridge. Acting Mayor Lockwood moved concept approval of the preliminary development plans for Lot 1, Block 1, Eagle Ridge Plat 3 and Lot 1, Block 2, Eagle Ridge Plat 3. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 PARK.AND The Council acknowledged receipt of the June 19, 1974 Parks RECREATION and Recreation Commission minutes. Administrator Johnson COMMISSION pointed out the'reference•made in the minutes to the Ivy Hills Park wherein the Commission requested that the City actively pursue acquisition of the land adjacent to Ivy .Hills Park. Councilman Gutzmer suggested that any action on this matter be delayed until Mayor Huber is present. INLAND CONSTRUC- Mr. Al Stefani, of Inland Construction Company, presented TION COMPANY final plans for construction of Building 1 of the Inland Industrial Park. Building Inspector Bjorklund pointed out that break -off block would be used on only two sides and Mr. Stefani stated that they do not propose break -off block for the other sides, which would be the loading dock area. The Council pointed out that the Fire Department should be allowed to check the building and materials which will be stored there after the building is rented. Mr. Stefani stated that such a provision would be put in the tenant's lease. After a brief discussion, Acting Mayor Lockwood moved approval of the construction and landscaping plans for Building 1 of the Inland Industrial Park conditioned upon further approval from the Fire Department after tenancy. Councilman Losleben seconded the motion. Ayes: 4 - Nays: 0 LAWCON, Administrator Johnson explained a proposed preliminary APPLICATION LAWCON application which would serve as notification of intent to make application for a LAWCON grant in the amount of $68,850 for acquisition and development of park property. After a discussion of the matter, Councilman Losleben moved the approval of the preliminary LAWCON application.' Councilman Wahl seconded the motion. Ayes: 3 Nays: 1 Gutzmer Councilman Gutzmer explained that he voted nay because he feels the distribution of monies for the construction'of park sites is not spread equally throughout the community. MISCELLANEOUS Discussion of the Space Study proposals was tabled. The Council acknowledged receipt of the June, 1974 - Engineering Status Report. - The Council acknowledged receipt of a supplemental feasibility report for Orchard/Hunter Lane sewer and water'improvements._ Page 397. July 2, 1974 LIST OF CLAIMS Acting Mayor Lockwood moved the Council to adopt the following motion: Ayes: 4 Nays: 0 LICENSES 'N Ayes: 4 Nays: 0 RESOLVED that the claims submitted to the City Council for payment, a summary of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, July 2, 1974, having been audited by the City Council, be and are hereby allowed and the Acting Mayor and Clerk -Treasurer are hereby authorized and directed to issue City checks in payment of said claims. Councilman Wahl seconded the motion. Councilman Wahl moved the approval of the list of licenses, granting licenses to: Sussel Company Boemer Building Systems, Inc. E.L. Bulach Construction Company, Inc. Anderson Drywall, Inc. Erickson Plumbing and Heating, Inc. Katz Plumbing and Heating Company, Inc. National Installers Harris Mechanical Contracting Company Berghorst Plumbing and Heating Katz Plumbing and Heating Company, Inc. Olson Plumbing A.C. Doyle Plumbing and Heating General Contractor License General Contractor License Concrete and Masonry License Plaster Contractor License Excavating License Heating License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Councilman Losleben seconded the motion. MISCELLANEOUS Councilman Wahl moved that a letter of commendation be sent to Mrs. Dorothy Hughes and the Park Dedication Committee for their work on the Park -A -Rama. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 ADJOURN There;being_no farther business to come before ' the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:36 o'clock A.M. G.M. Radabaugh, Clerk -Treasurer Robert G. Lockwood Acting Mayor We the undersigned residents of I.bndota Heights are opposed to IRFeEIN 0 the scarifying andoiling of Diego Lane between Winston Court and IBxiam Street., Miriam Street west of Chippeiq;Avenue.. and Winston Court between cul-de-sac and Diego Lane. We are in favor of bi fa above listed streets. I Tt, We the undersigned residents of Mendota Heights are opposed to the scarifying and oiling of Diego Lane between Winston Court and Mriam Street, Mriam Street west of Chippewa Avenue, and Winston Court bet -ween cul-de-sac and Diego Lane. We are in - favor of bituminous surface on above listed -streets. �7 "44 12w - N �� Vii' �'� �'�'�� ,. �. MASOM i !+ w We the undersigned residents of Mendota Heights are opposed to the scarifying and oiling of Diego Lane between Winston Court and iiiriam Street,, MLriam Street west of Chippewa Avenue,, and ' Winston Court between cul-de-sac and Diego Lane. We are in favor of bituminous surface on above listed streets. 1 -- J U A Oat,- 6 aAd,,k-t,� i��I, a Please note _ This list represents 100% agreement of ALL RESIDENTS AND PROPERTY ; OWNERS on Diego Lane. l� " I�z cite � cd.ed ' + r ,s i �I1 i � { ' -------- ----- - - - - -- - - -- ----'| . . lK t10 om" ti 10 • ` t �M i •'Y - n r r t . J5, . t: WILLIAM H. OPPENHEIMER BENNO F. WOLFF WOOD R. FOSTER GORDON SHEPARD JAMES R. OPPENHEIMER DAVID C. DONNELLY RICHARD G. LAREAU SHERMAN WINTHROP EDWARD N. DENN JOHN D. HEALY. JR. RICHARD H. MURRAY LEON R. GOODRICH ELMER B. TROUSDALE LEHAN J. RYAN PAUL W. HETLAND STEVEN J. OLSON JAMES L. WALSH JAMES F. HOGG LEO J. HARRIS WILLIAM F. ARCHERD HARRIS RAVINE ROBERT L. BULLARD MICHAEL BERENS JOHN H. WOLF THOMAS P. KANE CRAIG W. GAGNON DAVID F. MCELROY. JR. OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY ATTORNEYS AT LAW W-1781 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE: (612) 227-7271 TELEX: 29-7015 4008 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 332-6451 TELEX: 29-0138 City Council City of Mendota 750 South Plaza Mendota Heights, July.12,, 1974 Heights Drive Minnesota 55120 31 RUE DUCALE 1000 BRUSSELS, BELGIUM TELEPHONE: 11-19-92 TELEX: 23-906 Re: Mendota Water Company Water Franchise Gentlemen: JACK W. HANSON RONALD C. MICKELSERG ROBERT R. WEINSTINE JAMES D. LAND ERIC R. MILLER CHARLES A. PRICE RICHARD M. BISANZ WAYNE G. FARIS THOMAS J. SEXTON JOHN P. SCHMIDTKE WILLIAM P. STUDER CHARLES M. LEVENBERG JEAN RUSSOTTO` DANIEL R. PENNIE KIMBALL J. DEVOY RICHARD J. MOEN MARK G. OHNSTAD ROBERT R. REINHART, JR. PAUL R. HANNAH THEODORE J. MEYER NOTA MEMBER OF THE MINNESOTA BAR EDWARD W. SPRING OF COUNSEL Mendota Water Company holds a franchise from the City of Mendota Heights which authorizes it to supply water to the Friendly Hills area. It is our understanding that Mendota Water Company is a corporation organized and existing under the laws of the State of Minnesota. We further understand that the present stockholders of the corporation originally purchased.their-stock at a price less than the "book value" of the cor- poration. Mendota Water Company is now seeking an increase in their rates it charges for water. The applicable provision of the ordinance granting the franchise provides as follows: "Grantee shall be entitled to charge its customers such rates for the furnishing of water as will produce the reasonable return upon its investment, based upon a reasonably efficient and economical operation of the system. It shall depreciate its properties at a rate of not less than 4 per cent per annum, and such depre- ciation shall be a proper expense of operation for purposes of determining the return upon its investment. A question has been raised as to whether its investment" as used in the ordinance investment in its properties and assets o investment of the individual stockholders stock in the corporation. a "reasonable return upon refers to the corporation's r whether it refers to the in the purchase of their City Council { City of Mendota Heights i Page Two July 12, 1974 In our opinion, the language "reasonable return upon its investment" as used in the ordinance applies to the corporation's investment in its properties and assets. The fact that the individual stockholders of the corporation may have purchased their own stock at a bargain price does not affect the investment of the corporation as such in its properties and assets. Accordingly, it is our opinion that in deter- mining what are reasonable rates to be charged by the Water Company, the Council should, among other things, consider a rate or rates that will provide the corporation with a reasonable return upon the cor- poration's investment in its properties and assets. If you have any further questions or desire any further elaboration with respect to the above, please do not hesitate to ask. Very truly yours, OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY Y - Sherman Winthrop SW.srl ASSOCIATION OF METROPOLITAN MUNICIPALITIES Phone 222-2861 July 2, 1974 . Orvil Johnson City Administrator 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Orvil, 300 Hanover Building 480 Cedar Street St. Paul, Minnesota 55101 RECEIVED JUL 81974 As you know, the Metropolitan and Suburban Leagues have merged into one organization called the Association of Metropolitan Municipalities. As one of those who served on the joint committee which preceded the actual merger, I am very pleased and enthusiastic about the outcome and am confident that this was in the best interests of all metropolitan communities. With all communities working together in one organization and with an expanded staff, the interests of municipalities and their citizens will be better served at all levels. Municipalities which were members of either or both the Suburban and Metropolitan Leagues are considered immediate members of the Association of Metropolitan Municipalities with complete membership and privileges. As such your municipality is a full participating member as we enter the 1974-75 fiscal year and we look forward to working with you. The fiscal year runs from June 1, 1974 through May 31, 1975 and we would invite you to support the on-going functions and help get 'the new organization off on the "right foot" by encouragin our Council to take official action by naming _y designated representative, Enclosed -is a membership dues statement. As wi note, the 1974-75 fiscal year -dues for Mendota Heights ar $674.00 . This is the same as your 1973-74 fiscal year dues to the Metropolitan ague were and represents 53 per cent of your State League dues. This schedule was adopted on June 6, 1974 in conjunction with the merger ratification. Also enclosed is a copy of the Association By -Laws and a listing of the officers and - board members. I, hope that your Council will take positive' action and indicate support by•remitting the prescribed dues." Should you have questions or desire more information concerning the Association of Metropolitan Municipalities, do not hesitate to contact me or the Executive Director, Gene Franchett or other members of the board or staff. The office telephone number 222-2861. Thank your. Sincerely yours, yElliott Perovich e President, Association of Metropolitan Municipalities i id, e - RECEIVED CIATION OF '.JU L 5 1974 300 Hanover Building 480 Cedar Street METROPOLITAN St. Paul, Minnesota MUNICIPALITIES 55101 Phone 222-2861 July 1, 1974 TO: Mayors, Councilmen and Managers -Administrators I On June 27 the Board of Directors of the Association.''resolved to create the following new functional committees to investigate and -make recommendations to the Board and the full membership., The committees are charged with completing their investigations and reports by November lst. This will enable consideration by the Board and membership during the first two weeks of November and the subsequent drafting into proposed bill form as necessary during the latter two weeks of November and the first weeks in December. } 4; } The Board would like to have a clear indication of all persons in the urban and suburban municipalities who are willing and able to give of their time and. `r energy to serve on these committees. This is an opportunity to serve with your neighboring colleagues for the betterment of. municipal government.- If you are interested please indicate on the attached card persons in your municipality who would like to serve and the committees on which they are interested. The committees are: Metropolitan Agencies. To examine the basic structure of the Metropolitan Council, the other metropolitan agencies their_ interrelationships and relation- ships to, local government is the"basic'6harge to the _committee:; Additional powers for the Council as related t'd' growth control stategies are presently being discussed. Should such an appointed body have'any more powers? Where do the relationships between the Council ana local governments still need to be,, improved? Should there continue -to be different competing staffs among'the metropolitan agencies? •Is the metropolitan area too small for any real practical growth control strategies?- These are -the kinds of questions the committee will be expected to answer. Municipal Revenues. Those aspects of the municipal revenue system deemed to be of revelance to the municipalities in the metropolitan area shall be examined and recommendations made where found tolbe appropriate. Areas to be_ examined include such items as county/municipal aid fund.; the limitations on. r municipal authority to levy -property taxes; property tax classification and administration; hotel, motel, admissions and amusement taxes, fiscal disparities, and other revenue issues the bommittee finds to be of importance to the„ metropolitan municipalities. Are the present systems adequate? inadequate? if . ti so how should they be improved? Should.'there"be the institution of pne;or more new revenue measures?, are examples'of questions the committee will be;expected to answer. i #,age 2 In addition to these issue study committees, the Board also created a Membership and Promotion Committee for which it would like to have an expression or interested municipal officials who would like to serve on the committee. Again, please indicate on the enclosed card the names of officials in your municipality and the committee on which they would like to serve. Please return the cards by July 21. If you have any questions please contact me or.the Association's Executive Director, Gene Franchett,. at the Association office. Note to Managers and Clerks: This letter is being sent to managers- administrators-clerks only, please circulate it to your mayor-and councilmen.---.,..,- Sincerely, Elliott Perovich, ' President EP/eb • i S. v 1 I ` 1 t Rc-CE(VE-0 JUL I Z 1974 vrA . U M 1 Ill E L LY inc. --- 1598 CARROLL AVENUE ST. PAUL, MINNESOTA 55104 612/645-9311 July 12, 1974 City Council City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55104 - Dear Council: As per our discussion with Mr. Orville Johnson, City Manager, we are hereby requesting the sewer and water hookup to accomodate a home to be built on Highway 13 in Lillydale for Dr. & Mrs. McCane on the property described on the Certificate of Survey attached. We have made application for a building permit with Lillydale and plan construction in the near future. Very truly yours, TUMINELLY, INC. J. Tuminelly, Presid - U Enclosure Iverlt"', 71-6 )'- • y✓a-s �r u��'ri sic! S�y� t�i� �v��// �� /%%Z 1' C-,7 C �7 ms 's C R E A T I V E DESIGNERS AND B U I L D E R S ►fi ; "X FROM THE OFFICE OF = r ]PAUL R. Mc LAGAN &r SON'trfif 'rate. - ' - 233 Dakota Avenue ' WEST ST. PAUL. PENN. 55118 p s+ = 2vlinnesota Registered Land Surveyors Of*ttrUr, T He4 reb Cerfifn tliaf this plat shows a survey made by of the prop= y ' �Y. _ Y. _.��t . erty -ies,c,ibed on'this plat, and that the "corners are correctly placed as shown; =' *... and"Lliat:all_locations, encroachments, etc., have been -correctly. shown:7. �urve4ed ,For._... b. & '... r _.... • ;. �; , `" y Associ;ae.s ,} I ri n WAY.NE McLACAN,` Consultant, 5t )ate Y August. 14, 1968 _ ��.. _. _....,,."... �cate- wi inch.....- Q _ f c t~ #;, .._ _.......- ' . _...... _._._ :............... � r •...,s. =._ ��' t - - ��y�N"' x ' r • r •' " wY� sV .. e+, `: ^. ` , _ "• % "., '��' •-+Vy=yJE4►4 MMy�hj�l'�� J. ',s, t Pes 3 :cri.ioni,,:' .fa;''�'.' -.:;t. Y.."(-.x""�. " _ "+�.'r. .:F"' •+,., .: ,x �" »,,.--1 'bar+ "F". « ._�;• .x :.� t •>, •plq ,} ,.z `Cx �y, _ .,t .. '^r :�...,•., `"SFr •,i,.:. "aM, 4.,.. ^:` T .' -" ., j Yw. ;� •''' at. - ."- ,..f,J. - •`ya�,�� :�.' :41.'-'T 3s '.Al.l ,th'at part 'of"t-o*t' 17Subd ,"d tor'T s ^ivion 1'&�6 4-, LilydaZe',�-deseribecl"as e01101,ri,- '_ Commencing''at a point on the East line 'of Govt Lot 3, 'Section 13"9T.28N. 1..23W;, "which point'. is 25 feet North of the intersection of said East line with*` the centerline•. of ,"the Mendota. Road (so ' cal led) as laid out on Dec,. 2,9, 1,902; thence 'running N.52°,554W.,, along the*Southwesterly line of Lot 15 of said Auditors Sub; No. .4; 36 feet" more`- or less `to the Southwesterly corner- of said •Lot -15;t the^ce Southwesterly and parallel with the said Mendota Road 100 feet;, thence ; :-u ngas:52°55"+TES, 363 tfeet more or less on a line of the same length as- the line ierc�nbefore described.' from the point of commencement, to the, Sou.thwesterly corner rf, said Lot 15' `thence Northeasterly in,.a straight line 100 feet to' -the point of, ;ommencement,"all in the' County of Dakota, state_ of Minnesota,"« ck r RECEIVED .. _ JUL 12 1974 STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS DISTRICT 9 3485 HADLEY AVENUE NORTH BOX 2050 NORTH.ST. PAUL, MINN. 55109 July 8, 1974 Mr. Orvil Johnson City Administrator 750 South Plaza Drive Mendota Heights, Minnesota 55120 In reply refer to: 319 s.P. 1917 (TH 49) Bike/Pedestrian Way . Dear Mr. Johnson: Thank you for your letter of June 11, 1974 expressing interest in bikeways for Mendota Heights. There certainly is more interest in bikeways now than ever before in this century. The increased availability of bicycles, besides changes in public attitudes toward recreational, conservation and other environmental considerations, has brought about a phenomenal growth in bicycle ownership. In 1971, twelve million bicycles were sold in the United States. It is estimated that 100 million Americans own bicycles today. It is expected that the popularity will continue in the years immediately ahead. One area of concern in which this impact is already being felt is the growing number of accidents between bicycles and other motor vehicles. In 1972, there were over 800 fatalities involving bicyclists on public highways, an increase of over 100% in a decade. Therefore, it is of great importance to promote safety and to minimize the conflicts between bicycles and motor vehicles traveling on public highways. Bike trail plans of municipalities should take into account the importance of safety by minimizing the vehicle -bike conflict. We are well aware of the concerns for bikeways and are including them in our plans when feasible. Our proposed plans for 7d 94 between TH 494 and the St. Croix River included a bike trail. This proposed trail will be 9.5 miles long, consisting of a 8' wide bituminous surface. -�Mo® t" Mr. Orvil Johnson July 8, 1974 Page Two The 1973 Federal Highway Act contains a provision for Bicycle and Pedestrian Facilities. This law makes it permissive for States to build separate or preferential bicycle and pedestrian facilities in conjunction with Federal -aid highway projects. Furthermore, this Act provides that these facilities'can be funded from Federal -aids for that system on which the facility is located. The Federal share of the cost of such projects if limited to no more than 2 million per State and $40 million per fiscal year, Nationally. The Federal share of the cost of these facilities (other than Interstate routes) will bei no more than 70 percent, with the matching 30 percent being local dollars. The same Act increased funding of the Urban Highway System and created a clear demarcation between urban and rural highway programs. The Urban System has been designated by local officials through the Metropolitan Council. All high volume arterials in the metropolitan area have been placed on the Urban System.b, Thus, the System consists of municipal, county, and trunk highway routes. TH 49 is a part of this Urban System. The importance of *this legislation to Mendota Heights and in particular to your request for bike/pedestrian way along TH 49 is that permissive funding is available, but in order to be selected for funding it must be selected by appropriate local officials. The mechanism that has been established for this selection is through the Metropolitan Council. Your questions regarding physical construction and joint use of right of way should be sent to: William C. Merritt District Engineer 3485 Hadley Avenue North North St. Paul, Minnesota 55109 It is requested that you send him your comprehensive plan indicating the proposed trail system throughout the community. Mr. Merritt has been advised of your letter. Your request to determine the feasibility of a bike/pedestrian trailV1 within the TH 49 right of way is being studied. If you have any further questions regarding your specific proposal, I again request that you contact our District Office. Sincerely, Ra La e Y PP gVcal Commissioner tntNUu i A riLIUrl r a FU1.I too UGNhM k IIICiIJ k MONTHLY RE POR or June 74 r �• ,.o.N..r19 , '- Mi ea Traveled 9 329. -Total. 011•1 s 325 Number ••of arresta (non --traffic• ),,,•�,1,,_- ,,_ •,.,,.y ,,• ,,o�,.,,"r �, , '_ R •�{ p 1 Bud 4{Jr r! s,. -j. ... •1 r. •, .�' •.z -�^^- f'�•-ti� '."'' :"¢'r •'"i.. 3.t,.'.�,'.: ;,a r .�.. '. . Y' Il. .�+I.i ti i''t•Ii`+=J��.%t !�'�L'j �ly`17a4r:. +'4. Itr.• i1..e .�i S.f. �,'1 '!�,'�`.i �. iil n }lti, - • - ' . s � - , ,S � '• !: :1,, `� .,�1'.5•yi.'f.'3liT�•\Yt• '�'''vtii:.:1`: �S :.. tN'•�.lr :.ti ,,,.,I' 1 :4 :�: ,. .. t'.�y:', .t,. '•'�,1°�7 ��i1fp";It'."x�l)�',,r�;.�Y� ?`1" .1: 'i ,. Residonce # 2 Amount 2,719.00' ,:,' ElotnlYr:ide �� Hazerdous Violations ' Cleared� Recovr�red � �' ; .. = of -., ; • - • 3 �arisla��h�0T Othor,'.Vialations' .„�.... Other ;� 1 Amount $ 21.00 .. Rape.:a..:.W::.Ps�r�t# ny.::. Cleared Recovered $ .... Assault weeppn _ Driving iihile 2 • - .. inli�Jt .l ti��r�t] ..Y.ws. x .'•t` Larcan over 5O Assault sample li.i.., and' run O+ter $5O 8 ....,Y...a,..,.�.Y.� RrnaunF �; 1..474.00 ..,a..e.,......d.,...._.4...,.,�..., Arson Arrests, Citations car uus�tody . ......_....,...o w Cleared y;` Re ovr:red .,..........�... .,,�.,.... �.,.�. Vendalism 10 rafter accidents .........., r....a.�� .,...YY.... .... • �. ,,,•,,....,.., ..._�_...._ . `: From auto 1- Amount 35.00 �i�.tSE�.n� psr3ona 1 Xpte:t. ' •••`°+ i C 1 a a r a d Rw:.avared NVENTLES ' Med.. 1 Under$JD Rmount � *X -Mx i(t asaiS-ts 2 'ro Court JTraffic Cleared .. Recovered .a�,. � AmbulanR-e patien•ts„Y„.,,,••,. Esatye s 2 Acrtc- ThCft Anon. Phone Calls 5 G1r1a s��,,,�,,,,�,,,. ► ocat Amount $ Cat Bite 1 To Court 'non traffic" Recoversd 1 Amociny $ 500.00 R e co l.4 e r e d Girls: .�. for o66hore ..r......�..... Amount +gid„ . ' ,...� Welrninc Tickets Robbory ...... ._......� Boys: .w » Plumber Amount $ Girls: ;_ w Cleared Recovered $ turned & Roleeeed ; Boys: B ...' " 2 i�`.•P .:r•i I . .. •,-a^Y�.Ya .a"t`.f......,v,. •4'�``.CSI..,•,Yi�;.::iR•.•:'�'fr."•+ F-�.%�:J'� ..... 1.1�"r. a• ..,� ,�' zt,;Ys;..s«�%�� ,urd"— - - -- -- -•- �,.u.-Llcltrw= •�• ;v• ' ,�'ii«t;:+;:: iz.:;:.•.��,c.::ii.T{,tsk +•e.:�..:isr+:u..�'�'�X,':.:i:,::=::'Cr:;r�%ci�:r�x.;�'• �1,...: h?. MENDOTA HEIGHTS FIRE DEPARTMENT MONTHLY REPORT Fire No. 74-45 thru 74-52. Month of June 19 74 FIRE ALARMS ESTIMATED DAMAGE TYPE NUMBER BUILDING CONTENTS Industry Building 2 Vehicle 2 Grass Other 3 • False Alarms 1 Totals 8 LOCATION OF FIRE ALARMS NUMBER Mendota Heights 6 Village of Mendota Sunfish Lake 1 Lilydale 1 DATE BILLED AMT. OF BILLING XXXX}Ox xxxxxxxxx 6/24/ 74 200.00 6/27/ 74 200.00 WORK PERFORMED: MAN HOURS Fire Calls 90 Meetings 51 Drills 44 .Truck, equipment & Station maintenance 25 Special Training -- Administrative 24 Total Man Hours 234 PERSONAL INJURY - -- REMARKS - Wakota Regional - Thompson Grove - 3 men attended By Arnie Siebell CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. RESOLUTION ESTABLISHING ASSESSMENT PAYMENT SCHEDULE WHEREAS, the City Council approved a Registered Land Survey plat on June 4, 1974; and WHEREAS, a proposed building iot known as Tract A had not been assessed for sewer and water benefits when sewer and water service was originally available; and WHEREAS, sewer and water benefits amount to $2,800 based on the formula used in preparing the assessment roll adopted on November 11, 1963 for Improvement Number 1, Project Number 1; and WHEREAS, Mr. George Tesar has requested that a portion of said $2,800 be specially assessed on the same basis as adjoining properties; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that the $2,800 attributable to Tract A for sewer and water service benefits be collected in the following manner: a. $1,473.70 payable as a connection charge, due at the time Sewer and Water Permits are issued, and b. The remaining $1,326.30 be'certified to the County Auditor, bearing 6% interest collectible over the next nine years as are similar assessments on adjoining property'. Adopted by the City Council of the City of Mendota Heights this; day of 1974. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Donald L. Huber Mayor G.M. Radabaugh Clerk -Treasurer (0 ` , . BETTENBURG,.TDWNSEND* STOLTE & COMB, INC. ' ~ AF#Kttects and Engineers . 1437 Marshall Avenue . Satnt Paul, Minnesota 55104 , 2-4.jume 1974 . ' TO: Lamettr & Sons, tnc. 2560 North Cleveland ' Saint Paul, Knnesota 55113 . SUBJECT: CHANGE ORDER NO. 2 ' Roger's ___~ -'_..—' ` . ' Imp. 72 Proj. 4 ` BTSC Project No. 7118 .. ' Gentlemen: ' . The following work deviating from the basic contract for the above project shall become a part of that contract and shall compl/y with the drawings and specifica- tions for the project. ' _ As directed, the Contractor shall rav'tsa the surface dratoa8a at the northwest - corner of Wagon Wheel Trail and Dodd Road by moving the bee -hive grata from the existing catch bastn and installtng it on Manhole No. 8. The catch basin shall . then be raised to a grade to provide e more gentile side slope off of'Wagon Wheel : Trail by [nsta(lCng the manhole frame and cover from manhole No. 8. As approved � by the State Hygh*/�y Maintenance Engineer, the Contractor shall'block the exist- ing cul -vert and then provide sufficient fill material to properly slope the road- * ` way embankment. He shall also ditch the surface drainage to the bee -hive inlet. �All work, as directed, sha I be installed complete in place for the lump sum . . ^ .~ , . . . . . . $369.14. �IB7, ` Accepted: ` (Authoriz6d-sigriature title-) Data; CITY OF MENDOTA HEIGHTS, MINNESOTA ' ' . � ' ~) .� . . . � BETTENBURG, TOWNSEND, STOLTE & COMB, INC, Architects and Engineers 1437 Marshall Avenue Satnt Paul, Minnesota 551Q4 9MY'1974 To: Fk'scber Sand s Aggregate, fnc. 6801 150tfi•Street West Apple Valley, Mtnnesota 55124 Subject: CHANGE ORDER'NO. t Sewers, Water, Streets Mendota Heights, Minnesota Imp. 74 P roJ . 1 BTSC Project No. 7333 Gentlemen: IIAND OUT The following work deviating from the basic contract for the above project - shall become a part of that contract and shall comply with the drawings and the specifications for the project: 1. The location of•sewer and water services in the vicinity of Station 3 shall be revised as directed. 2. A 6" CIP Sanitary Sewer Service shall be installed at Station 6+19 in- cluding wye and service pipe. 3. A catch. basin shall be installed in the 12" RCP storm sewer line at Station 6+05, complete with standard 48" manhole and Neenah R-2573 cas- ting assembly or approved equal. 4. Driveway entrances shall be installed on the easterly side of Northland Drive at Stations 1+67, 3+30 and 6+05. The above work shall be accomplished at the various contract unit prices, The catch basin shall'be paid for at the rate for standard storm sewer man- hole 8 ft. deep or less in place. The above additions will result in an increased contract amount of approximately $1,532.20, based on Contract Unit Prices. n BETTFJNBURG, TOWNSEND, STOLT & COMB,,,"C. BY � � �x ±_ For tKe Village of Mendota Heights: For the Contractor: By `1./ a or Accepted: �—r/ .&. y - - ' - - - - Date B,r..... .. Clerk -Treasurer Fischer Sand & A'gregate, I By J /.��'� �� - �i - Date: Authorized signature & title) Yv 3 CITY OF MENDOTA HEIGHTS DAKOTA'COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE The City Council of the Village of Mendota Heights ordains as follows: Section 1. Ordinance No. 112 adopted November 6, 1973, entitled "The Zoning Ordinance of Mendota Heights, Relating to a Comprehensive Amendment and Rezoning of the Village, Amending Zoning Ordinance No. 32 as Amended" being also known as "The Zoning Ordinance" as amended is hereby amended in the following respects: A. A new Section 13.2(6) shall be added to Section 13 of said Ordinance providing in its entirety as follows: 13.2(6) Animal Hospital (Veterinary Clinic). As used hereunder the term "Animal Hospital" or "Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which excludes the kenneling of such animals except for the time period necessary to provide medical care therefor. Any conditional use permit for an Animal Hospital (Veterinary Clinic) shall be subject to the following conditions: 1. No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted.. To achieve noise control, the facility shall be of masonry construc- tion with outside walls at least 8" thick, and with a precast concrete roof. 2. Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air condi- tioning system may be required, with windows double glazed with fixed sash. 3. An approved system shall be provided for the storage and disposal of dead animals off the premises. 4. Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted. 5. When abutting a residential district, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the "R" District. 6. Hours at which the facility will be open to the public for the receiving and pick up of animals shall be approved by the City Council to insure compatibility with surrounding land uses. 7. Off-street parking facilities shall be provided, of at least the ratio required for professional offices under Section 18.4(4) q of the Zoning Ordinance of one space for each two hundred (200) square feet of floor area in the building. B. A new Section 14.2(9) shall be added to Section 14 of said Ordinance providing in its entirety as follows: 14.2(9) Animal Hospital (veterinary Clinic). As used hereunder the term "Animal Hospital" or "Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which excludes the kenneling of such animals except for the time period necessary to provide medical care therefor. Any conditional use permit for an Animal Hospital (Veterinary Clinic) shall be subject to the following conditions: 1. No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted. To achieve noise .control, the facility shall be of masonry construc- tion with outside walls at least 8" thick, and with a precast concrete roof. 2. Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air condi- tioning system may be required, with windows double glazed with fixed sash. 3. An approved system shall be provided for the storage and disposal of dead animals off the premises. 4. Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted. 5. When abutting a residential district, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the "R" District. 6. Hours at which the facility will be open to the public for the receiving and pick up of animals shall be approved by the City Council to insure compatibility with surrounding land uses. 7. Off-street parking facilities shall be provided, of at least the ratio required for professional offices under Section 18.4(4)q of the Zoning Ordinance of one space for each two hundred (200) square feet of floor area in the building. Section 2. This ordinance shall be in full force and effect from and a er its publication according to law. Enacted and ordained into an ordinance this 16th day of July, 1974. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS By Donald L. Huber Mayor Gi!F)ert M. Ra;Jabaugh City Clerk F CITY OF-MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 43 The City Council of the City of Mendota Heights, Minnesota, ordains as follows: Section 1. Ordinance No. 43 entitled "An Ordinance Regulating the Operations the Municipal Sanitary Sewer System: Requiring Connections to be Made to the Municipal Sanitary Sewer System: Establishing Regulations as to Types and Kinds of Waste That May be Disposed of by the Use of the Municipal Sanitary Sewer System: Prohibiting the Discharge of Any Type or Kind of Surface Waters Into the Municipal Sanitary Sewer System and Prescribing Rates and Charges for Disposal Services" is hereby amended in the following respects: A. A new Section 8.A shall be added to said ordinance providing in its entirety as follows: Where a residential property has been connected to the municipal sanitary sewer system and thereafter such property is not used or occupied as a residence for a period of at least two continuous years, there shall be no further municipal sanitary sewer rental charges levied against said property until such time as said property is sold or thereafter used or occupied as a residence. Section 2. This ordinance shall be in full force and effect from and after publication according to law. Enacted and ordained into an ordinance this day of , 1974. ATTEST: Gilbert M. Ra abaugh City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Donald L. Huber Mayor >in JUID 2523 (6-74) ked.Proj. S.F. kES0LUTIO'N a (regular,)(special) meeting of the City Council of the City of Mendota Heights , duly held on the _ day of 19_7A,, the following Resolution was offered by seconded by , a ; to kit: WHEREAS, the Commissioner of Highways for the State of Minnesota has caused to be prepared: plans, special.provis•i-ons and specifications for the improvement of Trunk Highway No.194 , renumbered as Trunk Highway No. 13 , within the corporate limits of the City of Mendota Heights from the East end of Br. 209Mendota Heights to South -Corp Limits ofLi, dale and, VTH REAS, said plans are on file in the Office of the Department of Highways, St. Paul, Minne- -a; being marked, labeled and identified as: S.P. 1902-23 (13=194) and, kINEREAS, said special provisions are on file in the -Office of the Department of'Highways, St. J 11 J. � t•11111l G.�l/ Lri_ IJ CJ, 11� Tllli 1 ArL1, /,!•U G_Cl!• QLtll J. 110111 ,1. J. .! CU C1.7 • �S-�!� , QO ,.•� � - and which', together with,'the Minnesota Department•of Highways.•Standard specifications for Highway Construction, dated January.l.,•1972, as•amended by Minnesota Department of Highways Supple- mental Specifications for Highway -Construction, dated January 1, 1974, -will govern, and which are on file in the office of the Commissioner of Highways, constitute the specifJ'.cations for said improvement of Trunk Highway N:).194 , renumbered as -Trunk Highway No. 13 and, TTHEREAS,•copies of said plans and special provisions -as so marked, labeled and identified are also on file in•the Office of the City Clerk; and, WMEREAS, the term, said plans and special provisions, as-hereinafte'r used in the body of this Resolution will be deemed and intended to mean, refer to and incorporate the plans and special provisions in -the foregoing recitals particularly identified•and described; and; WTHEREAS, the Commissioner of Highways desires in the interest of public safety that any and all parking of vehicles, if such parking:is pennitted within the corporate limits of the City -of" Mendota Heights , on said Trunk; Highway No. 194 , renumbered as Trunk Highway"No.. 13 '. be parallel with the•curb adjacent to the -highway and will be at least 20 feet from any crosswalk:. ' Page 1 of 2 Pages. • t r ,�..� 11i1D 2523 (6-74) y - `F NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of ". + •nk Highway No. 194 renumbered a� Trunk Highway No.1�_, within the'corporate limits ' of the City of Mendota Heights be and hereby are approved. BE IT FURTHER RESOLVED that the City of Mendota heights does hereby agree to require the parking of all vehicles, if•such parking is permitted -within the corporate limits of said ' City, on said Trunk Highway No. 124 , renumbered Trunk-highway No. 13- _, will-'be parallel with the curb-adjacent to the highway, and at least 20 feet from any crosswalks on all public 3 streets intersecting said trunk highway. BE IT FURTHER RESOLVED that the elevations and grades as shown in said pians a�zd special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Highway Vo. l9A , renumbered Truck Highway No.,- 13 , in accordance with said plans and special provisions. n the call of the roll, the following - voted in favor.of the, _ Resolution: and, the following voted against the adoption' of the Resolution: whereupon •the mayor and/or the presiding officer declared the Resolution adopted. Dated: 19�. Mayor Attest - City Clerk STATE OF MINNESOTA } COUNTY OF IOTA ) ss. -} . CITY-OF HEIGHTS ) o hereby certify that at a (regular)-(special) meeting, (of which due and legal.notice was given) of the City-Council of the City of Mendota Heights Minnesota, on --the'- day the -day of , 19 74 ; at which a majority of the members of said Council were present, the foregoing Resolution was adopted. Giveiij under my hand and seal this day of , 1934 • ` City Clerk . Page 2 of 2 Pages. :�