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1982-04-06 Council minutesPage No. 1630 April 6,1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 6, 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, Councilmembers Hartmann, Losleben and Mertens0tto. Councilwoman Witt advised the Council that she would be out of town. APPROVAL OF MINUTES Councilman Mertensotto moved approval of the minutes of the March 2 minutes. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Councilman Hartmann moved approval of the minutes of the March 16 meeting with correction. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilman Losleben 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 April 6, 1982, and totalling $109,415.02. 2. Approval of the List of Licenses, granting licenses to: Riverwood Construction Co. K.J. Johnson Const. Inc. Bakken Construction Martin Homes, Inc. Ray N. Welter Heating Ray N. Welter Heating North Country Block & Brick General Contractor General Contractor General Contractor General Contractor Heating & Air Conditioning Gas Piping Masonry 3. The issuance of the following 3.2 malt beverage licenses to: Snyder Drug Stores, Inc. Off-sale 3.2 non-intox. Par 3 Golf, Inc. On-sale 3.2 non-intox. George's Golf Range, Inc. Off-on sale 3.2 non-intox. 4. Acknowledgement of the Police Department monthly reports for January and February and the Code Enforcement Officer monthly report for March, 5. Acknowledgement of the minutes of the March 23rd Planning Commission meeting. 6. The adoption of Resolution No. 82-33, "RESOLUTION ESTAB- LISHING SCHEDULE OF FEES FOR ADMINISTRATIVE & ENGINEERING SERVICES". Page No. 1631 April 6, 1982 7. Authorization for execution of the.Metropolitan Waste Control Commission Joint Use Rental Agreement No. 155 for 1982. 8. Approval of the issuance of a cigarette license to Snyder Drug Stores, Inc. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 ABATEMENT County Assessor Bill Peterson was present to request approval of an abatement for John A. Henke for Parcel No. 27-37676-060-02, 1325 Medora Road (Lot 6, Block 1, Ivy Falls West 2nd Addition). Mr. Peterson advised that the abatement is requested because of an error in the calculation of the square footage of the structure. Councilman Losleben moved approval of the granting of an abatement to John A. Henke for Parcel No. 27-37676-060-02, reducing the assessed value from $45,288 to $39,139, for taxes payable in 1982. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS The Council acknowledged a letter from William Sheehy requesting delay in consideration of his request for issuance of an off"sale liquor license for the Mendota Plaza. Discussion was tabled until April 20th. Councilman Losleben reviewed his discussions with Mr. Sheehy relative to a senior citizen facility on the shopping center property. HEARING-APPLICATION Mayor Lockwood opened the meeting for the purpose of a FOR STREET VACATION, public hearing on an application from the Metropolitan MAC Airports Commission for the vacation of streets within the Gardenville and South Lane Additions. The Council acknowledged a letter from Mr. John-Sandahl of Mn/DOT, asking that a decision be delayed until after Mn/DOT acquisition of their maintenance facility site. Mr. Sandahl, present for the discussion, stated that the acquisition should be completed in two weeks. Administrator Johnson advised.the Council and audience that the Metropolitan Airports Commission has submitted a petition for the street vacationsl and a notice of hearing was published in accordance with ordinance requirements. He stated that the vacation of streets would be the culmination of MAC's efforts-, as promised 10 years ago, to see to it that the land acquired by MAC in 1972 and 1973, located south of Acacia Park Cemetery, be returned to the City's tax rolls. He advised that the street vacation would allow the reassembling of the property for future development., and that MAC intends to submit proposals to developers for private acquisition and development of the total MAC area. Ayes: 4 Nays: 0 Page 1632 April 6, 1982 Mr. Nigel Finney, representing MAC, advised the Council that the physical development committee has approved a procedure for future development of the MAC area. It is hoped that the property will be acquired by a developer sometime in May. Mayor Lockwood asked for questions and comments from the audience. Mr. Art Mulvihill, 1154 Orchard Place, stated that both he and his father own lots south of Acacia Boulevard, abutting on the Victory Avenue right-of-way. He,advised the Council that access to the properties has been via a private easement to Highway 55. With Mn/DOT taking of right-of-way for Highway 55, access to the lots will only be available until such time as Highway 55 is constructed. He asked that the Council consider constructing Victory Avenue so that access to the property will be available after the easement is void. Public Works Director Danielson advised the Council that Mr. Mulvihill has submitted a petition for the construction of Victory Avenue, but that there has been no pressure from anyone other than Mr. Mulvihill for the street construction. He noted that it will be at least five years until Highway 55 is constructed. Mr. Mulvihill asked that the Council at this time eliminate Victory Avenue from vacation consider- ation. Mr. Finney advised the Council that the Metropolitan Airports Commission.would have no objection to the with- drawal of Victory Avenue from the vacation. There being no further questions or.comments from the audience, Councilman Mertensotto moved that the hearing on the MAC application for street vacation be closed at 8:27 pm. Councilman Hartmann seconded the motion. It was the concensus of the Council to withdraw the vacation of Victory Avenue.-east of Pilot Knob Road until such time as a plan for development for the area is proposed, and in consideration of Mr. Sandahl's request, that a decision on the vacation application for the remain- ing streets be withheld until the Mn/DOT acquisition of their maintenance facility site is accomplished. I-35E Mr. John Sandahl, from Mn/DOT, was present to request City approval of the construction plans, special provisions and resolution relating to the proposed location and construction of I-35E from the southern City limits to the junction of TH 110. Mr. Sandahl reviewed the plans for I-35E,, and explained the grading and proposed water retention system near Rogers Lake, along with the grades of Wagon Wheel Trail. In response to a concern expressed by the Council that I-494.be completed prior to completion of I-35E, Mr. Sandahl advised that the Federal Department of Defense has rated completion of 1-494 through Minnesota second in terms Page No. 1633 April 6, 1982 of defense priority. In response to the Council concerns over the status.of construction of I-35E through St. Paul, Mr. Sandahl advised the Council that the Commissioner has determined that the final decision will provide for a parkway design on I-35E through St. Paul with a direct connection to 1-94. Shepard Road will be the truck alternate. It was pointed out by the.Council that the City of Mendota Heights decision on approval of plans for I-35E through the City will be based on the parkway design through St. Paul with a direct connection, and that should the direct connection not be accomplished, the Citywill retain the right to change its status on the design to freeway rather than parkway construction for I-35E through Mendota Heights. Councilman Losleben moved the adoption of Resolution No. 82-34, "RESOLUTION APPROVING SPECIAL PROVISIONS, PLANS AND SPECIFICATIONS FOR GRADING, SEWER CONSTRUCTION, MISCELLANEOUS PAVING AND BRIDGE CONSTRUCTION FOR I-35E-4 AND 1-494-3", based on construction of 1-35 E to parkway standards through St. Paul with a direct connection. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS The Council acknowledged a letter and resolution from the City of Eagan requesting priority federal funding for construction of I-35E. Councilman Losleben moved to direct the City. Administrator to advise the City's congressional representatives that the Mendota Heights City Council endorses the resolution adopted by the City of Eagan relative to federal funding availability and in addition to emphasize the Department of Defense priority on 1-494 construction Mayor Lockwood seconded the motion. Ayes: 4 Nays: .0 PARK COMMISSION Park Commission Chairman Tom Bayless updated the Council on the status of preparation of the City's Lawcon application, and advised that he plans to attend the next Independent School 197 Board meeting to discuss the matter with the board. COMMUNICATIONS The Council acknowledged receipt of the Association of Metropolitan Municipalities March bulletin. Administrator Johnson reviewed the bulletin for the Council, specifically information relating to h-o:me-.s-te--8rd:.cr6,ditreduct ions and recent legislation on manufactured housing. As the result of the discussion, the Council directed the City Clerk to work with the City Planner to prepare a report and recommendation on how the City should address manufactured housing. Mr. Johnson also reviewed a segment of the AMM bulletin relating to surface water management. FIRE DEPARTMENT The Council acknowledged a memo and specifications submitted Page 1634 April 6, 1982 by the Fire Department for the acquisition of a used tanker truck. Councilman Mertensotto expressed concerns over the option for either diesel or gas engines. Councilman Hartmann moved to approve.the specifications for the purchase of a used tanker truck vehicle for the Fire Department and the process as outlined in the memo. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 CIVIL DEFENSE SIRENS Administrator Johnson read a memo from Fire Marshal Gene Lange advising that the recently purchased civil defense sirens must be placed 45 feet above ground level, which exceeds the height maximum in the zoning ordinance. Captain Lange, in his memo, advised that the sirens must be placed.at the 45 foot height in order to reach their maximum range. Councilman Mertensotto moved that the civil defense storm emergency warning sirens be considered necessary for public welfare and safety and that installation of said sirens shall be exempted from the height requirements of Ordinance No. 401. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 FEASIBILITY STUDY, City Engineer Kishel reviewed his memo and feasibility NSP STORM SEWER study relating to the construction of a storm sewer extension to the NSP substation site on the west. side of Dodd Road, south of the proposed Lakeridge Addition. He advised the Council that the City had received a petition and waiver of hearing from NSP for construction of the project. Mayor Lockwood moved the adoption of Resolution No. 82-35, "RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER CONSTRUCTION (IMPROVEMENT NO. 82, PROJECT NO. 5)", authorizing staff to proceed with easement acquisition. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 MARIE AVENUE City Engineer Kishel reviewed plans and specifications for construction of Marie Avenue from Lexington Avenue to Victoria. Councilman Mertensotto moved the adoption of Resolution No. 82-36, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR MARIE AVENUE CONSTRUCTION AND AUTHORIZING ADVERTISEMENT FOR BIDS (IMPROVEMENT NO. 82, PROJECT NO. 1)", authorizing advertisements for bids to be received on April 29th at 2:00 P.M. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 MISCELLANEOUS STREET SWEEPING Ayes-: 4 Nays: 0 UTILITY DEPARTMENT TRUCK Ayes: 4 Nays: 0 Page 1635 April 6, 1982 City Engineer Kishel reviewed the plans and specifications for proposed improvements to serve the DuPont Addition. Councilman Losleben moved the adoption of Resolution No. 82-37, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DUPONT ADDITION IMPROVEMENTS (IMPROVEMENT NO. 81, PROJECT NO. 8)", authorizing advertisement for bids to be received on April 29' at 10:00 A.M. Councilman Hartmann seconded the motion. The City Council directed staff to reinstitute preparation of engineering status reports. The Council acknowledged a memo and tabulation of bids received for 1982 street sweeping. Mayor Lockwood moved to award the bid for 1982 street sweeping to the Joe Rosse Commercial Sweeping Company for their low bid of $40.00 per hour. Councilman Losleben seconded the motion. The Council acknowledged and reviewed a memo and tabulation of bids received for the purchase of a one-ton truck for the Utility Department. Councilman Losleben moved to accept the low bid of Ethridge Pontiac-GMC, of Stillwater, in the amount of $8,942.27, for the acquisition of a one-ton truck for the Utility Dept. Coun'cilman-Hartmann seconded the motion. EMERGENCY WATER Public Works Director Danielson reviewed his memo relative SERVICE to a request from Mr. James Illetschko, 1881 Lexington Avenue, for permission to connect to a private two inch ,watermain currently serving the Kelly and former Lachenmayer properties adjacent to Mr. Illetschko's property. Mr. Illetschko,.present in the audience, stated that his existing private well is not operating And cannot be economically repaired. Based on the recommendation of the Public Works Director, Councilman Losleben moved to grant a'water permit for the connection to the private wate.rmain, conditioned upon payment of a $300 connection charge and $200 water avail- ability charge. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 POLICE CHIEF City Administrator Johnson advised the Council on the status RECRUITMENT of recruitment of a Police Chief. Page 1636 April 6, 1982 ADJOURN There being no further business.to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:43 o'clock P.M. $athleen M. Swanson City Clerk ATTEST: o r✓4, Robert G. Lockwood Mayor