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1979-04-03 Council minutesPage 1059 April 3, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held April 3, 1979 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 7:3a o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Hartmann, Losleben, Witt and Mertensotto. APPROVAL OF Councilman Mertensotto moved approval of the minutes of the MINUTES special meeting of March 13th. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 ABATEMENTS County Assessor O'Toole was present to request approval of an abatement for 670 Laura Court. Ayes: 5 Nays: 0 BID AWARD Ayes: 5 Nays: 0 After a brief discussion, Councilman Mertensotto moved that an abatement be granted to Mr. James A. McCloskey for Parcel No. 27-37601-100-03, reducing the assessed valuation from 27514 to 19247 for taxes payable in 1979. Councilwoman Witt seconded the motion. Bid tabulations were received with three bids, ranging from a high bid of $245,716.40 to a low bid of $178,925.00. City Ehgthneer Kishel recommended that the contract for drop structures, bank protection and channel clearing in connection with the Ivy Falls Creek project be awarded to the low bidder, C. S. McCrossan, Inc, in the amount of $178,925.00. A fourth bid was received by mail at Bettenburg, Townsend, Stolte and Comb, but it did not contain a bid bond, therefore it could not have been considered. Mayor Lockwood moved the adoption of Resolution No. 79-35, "RESOLUTION ACCEPTING BIDS AND AWARDING A DRAINAGE SYSTEM AND STORM SEWER SYSTEM TO SERVE IVY FALLS CREEK AND ADJACENT AREAS (IMPROVEMENT NO. 77, PROJECT NO. 14-PHASE 1-C)", awarding the contract to C. S. McCrossan, Inc., in the amount of $178,925.00. Councilman Losleben seconded the motion. HAPPY HOLLOW BRIDGE April 3, 1979 Page 1060 Mayor Lockwood read a report that was received from City Planner Howard Dahlgren wherein he stated that the bridge would consist of two 12 foot driving lanes and an 8 foot bike/pedway trail. Total width of the bridge is proposed to be 55 feet, with the remainder to be shoulder widths. A question was raised if there would be a barrier between the driving lane and the bikeway. Merritt Linzie, from Mn/DOT, explained that there would be a barrier, bigger than a curb, but lower than a fence, to separate the bikeway from the driving lane. Mayor Lockwood opened the meeting for audience discussion at this time. Mrs. Phillip Iverson, 788 Sibley Memorial Highway, was present and questioned the need for the bridge to be wider than the road. She displayed pictures of the present bridge in the area of her home and stated that she could see no reason to spend the amount of money to widen the bridge when the road can not physically be widened. She noted that in the 10 years she has lived there, that there was only one accident there. She felt, regardless of Planner Dahlgren's report, that a 55 foot bridge is not needed and 11 foot shoulders are also not needed. Merritt Linzie stated that it was Mn/DOT's plan to replace the two old bridges and to fix up the road, but there were no plans to improve Highway 13 north, toward St. Paul. Mayor Lockwood felt it was outside of the Council's calling to pass judgement on the bridge, as the Council is promoting a bike/pedway for Mendota Heights, and this-should be taken into consideration when calling for any: new plans or repairs. After a further brief discussion, Councilman Mertensotto moved adoption of Resolution No. 79-36 , "RESOLUTION APPROVING BRIDGE PLANS AND SPECIFICATIONS AS PRESENTED", with an amend- ment. The amendment was to include three conditions contained in Planner Dahlgren's report. They are: a. Require that the contractor (or Mn/DOT maintenance people) install snow fencing separating the existing trees from the roadway construction area. This fencing should be securely installed with steel posts with the condition that any grading necessary at the base of the trees be done either by hand or small light-weight grading equipment. b. Conduct a pre-construction conference with the job super- intendent, foremen, Mn/DOT officials, and the neighbors. The purpose of this would be to firmly establish the intent and the extreme desire to maintain the trees at all reasonable costs. Ayes: 3 Nays: 2, Witt and Hartmann COMMISSION REPORTS CIRMENT STREET VACATION Ayes: 5 Nays: 0 IVY FALLS STREET AND DRAINAGE IMPROVEMENTS April 3, 1979 Page 1061 c. Place a restriction on the contractor to not allow any blasting in this area for the construction of the drain- age system. Blasting in the vicinity of the trees could easily destroy the root system, as well as possibly damage the water and sanitary sewer systems the City has already constructed in the area. Councilman Losleben seconded the motion. The resolution carried 3-2. The Council acknowledged receipt of the March 27th Planninqj Commission meeting minutes. Councilwoman Witt reported that she had attended the Park and Recreation Commission meeting on March 27th and that Mary Mills was selected to be Chairperson. Dorothy McMonigal is the Secretary and Jerry Finn is Vice-Chairman. She also stated that the Park Commission had no desire to purchase the Marie Schieffner property and that the Council could decide whether or not to vacate any or all of Clement Street. Mr. Roger YackeL who now owns the Schieffner property, was present for discussion on Clement Street vacation. After some discussion, Councilman Losleben felt that Planner Dahlgren should develop a plan to allow access to Wentworth Park from the north, and that he should plan to study the vacation of Clement, whether it be all or a portion of it. It was requested that this report from Planner Dahlgren be received in two weeks. Councilman Losleben made a motion directing the City Planner to study the impact of street vacation of the undeveloped portion of Clement Street, from Wentworth Avenue to 3rd Avenue, also portions of 4th Avenue and unnamed street. Councilwoman Witt seconded the motion. Mr. Robert Field, 670 Maple Park Drive, President of the Ivy FalTh Homeowners Association, was present. He had talked to homeowners in the area and their basic reaction was that they knew something had to be done sooner or later and it might as well be now. The question was how much would it cost. Three items were mentioned: 1. That a Feasibility Report be done in 1979 and construction would be undertaken in 1980. 2. What would be the additional cost of concrete curb and gutter? Ayes: 5 Nays: 0 April 3, 1979 Page 1062 3. At what juncture should the Creek improvements be under- taken? Later, concurrently, or before the work is started. Councilman Mertensotto felt that more input from the people in the Northeast end was needed before spending $4,000 to $5,000 on a feasibility study. Dr. and Mrs. Freeman Rosenblum, 676 Woodridge Drive, were present and Dr. Rosenblum felt that the feasibility study is necessary before a go-ahead can be given for the improvements. Cost has to be a definite consideration. Mr. Sheldon Keiffer, 679 Maple Park Drive, was concerned about a time element. He felt that consideration should be given to the people in the area, that the construction should not be done all at one time, so that there is no access to their homes. He suggested doing perhaps one or two blocks at a time. PubliclWorks Inspector Pearson then stated that to do work in this fashion would bring the cost up considerably. He said the normal progression is to construct storm sewer, then go on to curb and gutter, and then surfacing. It would be less expensive to do the whole area at one time. He did mention the possibility of dust being a problem, but stated that the City would cooperate in any way possible to keep it minimal. Councilman Losleben moved the adoption of Resolution No. 79-37 , "RESOLUTION DIRECTING CITY ENGINEER TO PREPARE A FEASIBILITY STUDY FOR STORM SEWER AND STREET IMPROVEMENTS FOR IVY FALLS FIRST ADDITION". Councilwoman Witt seconded the motion. Mr. Field questioned if the study would cover the creek area erosion. Engineer Kishel will cover this in the study. MISCELLANEOUS Major Robert A. Frakes, from St. Thomas Academy, was present to request permission from the Council, for U.S. Army rotary wing aircraft to land, and take off from St. Thomas Academy property during the week of May 7-11th, for the purpose of conducting U.S. Army Aviation orientation flights for Academy students. After a short discussion, Council members noted that if the necessary approvals are obtained from other governmental bodies, as necessary, the Mendota Heights City Council would have no objection. Councilman Losleben entertained this motion. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 April 3, 1979 Page 1063 1-494 City Administrator Johnson noted an excerpt from the St. Paul Dispatch concerning Sunfish Lake's stance on 1-494. He then read portions of minutes from a March 20th Mn/DOT meeting which mentioned that Sunfish Lake is involved in a pre- trial hearing on 1-494. Administrator Johnson is to request a joint Council meeting with Sunfish Lake regarding 1-494. CETA APPOINT- A memo was received by the Council from Kathleen Swanson, City MENT, KIM Clerk, requesting approval to hire Kimberly Kragtorp of Hastings KRAGTORP as a Secretary, who would spend half time in the administrative office and half-time in the Police Dept. She would be hired under the CETA Title VI program, at a probationary salary of $625.00 per month, with a maximum salary of $650.00 per month. Ayes: 5 Nays: 0 Councilman Losleben moved to approve the appointment of Ms Kragtorp, as Secretary. Councilman Hartmann seconded the motion. PUBLIC WORKS The Council reviewed a memo from Administrator Johnson DIRECTOR/ regarding this position. Two elements of discussion should be ASSISTANT job description and responsibilities, and salary. It was ENGINEER pointed out that whoever fills this position must be competent, and should be a registered engineer in Minnesota. Members felt that if an out-of-state application was received, it should be considered, provided the applicant would become registered in Minnesota. Ayes: 5 Nays: 0 Councilman Losleben moved adoption of Resolution No. 79-38 "RESOLUTION ESTABLISHING POSITION OF PUBLIC WORKS DIRECTOR/' ASSISTANT ENGINEER". Councilman Hartmann seconded the motion. City Administrator Johnson noted that after Inspector Pearson terminates, his position would not be filled, but the new position of Public Works Director/Assistant Engineer would be filled in place of the Public Works Inspector position. CODE ENFORCEMENT A memo was received from City Administrator Johnson recommending OFFICER, PAUL that Paul Berg, 31, from Northfield, be appointed as Code BERG Enforcement Officer for Mendota Heights. He stated that Dick Bjorklund, Building Inspector, had participated in the inter- viewing, and that Bjorklund felt that Mr. Berg was qualified and would be able to fill the position of Code Enforcement Officer. Councilman Mertensotto made a motion to approve the City Administrator's memo recommending Paul Berg and authorizing immediate employment at a starting rate of $17,500 per year. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 April 3, 1979 Page 1064 35-E City Administrator Johnson mentioned that the Metro Council was forming a committee to study St. Paul section of 35-E, and-- - that they requested a staff representative from Mendota Heights. Johnson volunteered to be the staff representative. Councilman Losleben moved that Mr. Johnson act as staff repres- entative on the committee. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MENDOTA Administrator Johnson read a legal notice regarding Mendota HEARING storm and sanitary sewer public hearing on April 5th at 7:30 P.M. He felt the discharge might be at Lexington and Hwy 13, where Mendota Heights only has a 15 inch line. Councilman Hartmann said he would try to attend this meeting, which will be held at the Mendota VFW. CITY TOUR An itinerary which planned a city tour for Saturday, April 21, ITINERARY was distributed. Plans are to meet at City Hall at 8:00 A.M. and tour the City and return at 4:00 or 4:30 P.M. In order to shorten up the tour, Councilman Losleben felt a box lunch on the bus would be preferable to stopping for lunch. The other Council members agreed with this suggestion, and approved the tour itinerary. R. EINCK, Building Inspector Dick Bjorklund was present and told the IVY KEEP, Council that he has requested a new set of plans be printed, BUILDING PLANS as the old ones were too difficult to read. He also stated that Richard Einck, developer of Ivy Keep, plans to use double layers of sheet rock between party walls to insulate and quiet the noise between houses. Bjorklund said new plans should be in shortly for approval, and that he will keep the Council posted on this. ST. PETER'S Councilman Mertensotto stated that he has been in touch with CHURCH Mn/DOT regarding access to St. Peter's Church. Mn/DOT is to send a reply to Administrator Johnson after further thought is given to this matter. SENIOR CITIZEN SEWER REBATE Councilwoman Witt informed the Council that she received a phone call from a senior citizen who wanted to know why Mendota Heights does not have a sewer rebate for senior citizens like West St. Paul has. Mayor Lockwood spoke and said that the City Council has not felt compelled to offer that type of "discount" on sewer rental. No further action was taken. MCDONALD'S Councilman Losleben was concerned about the coordination of Sheehy SITE and the clean-up of the McDonald's site. Public Works Inspector stated that he had informed Dick Ploumen, Public Works Supervisor, of the situation and that he would take charge and keep an eye on things. CITY ENGINEER ENGINEERING STATUS REPORT CITY ATTORNEY April 3, 1979 Page 1065 Councilman Losleben questioned if we still have any of Sheehy's money. Councilman Mertensotto felt the Adminis- trator should send a letter to him requesting a firm state- ment as to when they will take care of the water drainage problem. Engineer Kishel stated that the Park Department had requested information as to the cost to maintain two separate water levels in Rogers Lake. He felt the cost would be between $3,500 and $4,500. Councilman Losleben requested Engineer Kishel to write a report, and send it to the Park and Recreation Commission and general office. The City Council acknowledged receipt of the Engineering Status Report for March, 1979. Sherman Winthrop, City Attorney, distributed the contract for Delaware Crossing. He also passed out several Resolutions that were adopted some time ago. ASSESSMENT Attorney Winthrop advised the Council that he has been active APPEALS in two appeals regarding Mayfield Heights. One involved Stan- ley Karon and the other involved Michael Posnansky. Ayes: 4 After a lengthy discussion, Councilwoman Witt moved the adoption Nays: 1, of Resolution No. 79-39 "Resolution Approving Settlements of Losleben Assessment Appeals." Mayor Lockwood seconded the motion. WEIGHT A memo was received from Public Works Inspector Pearson request- RESTRICTION ing a weight restriction waiver from Dakota County, to allow WAIVER delivery of materials on Lexington Avenue, from Mendota Heights Road to Medallion Drive. Councilman Mertensotto moved to request the weight restriction waiver from Dakota County. Ayes: 5 Councilman Hartmann seconded the motion. Nays: 0 Ayes: 5 Nays: 0 Public Works Inspector Pearson reported to the Council that he had received a bill of $14,000 from August Construction for pipe installation on Huber Drive, and requested author- ization for payment of said bill. Councilman Losleben moved.adoption of Resolution No. 79-40, "RESOLUTION AUTHORIZING PAYMENT FOR COMPLETION OF PIPE INSTALLATION (IMPROVEMENT 77, PROJECT 10)". Mayor Lockwood seconded the motion. Inspector Pearson stated that the City had received a letter from August Construction requesting reimbursement of a feas- ibility study deposit of $7,500. Action on this was tabled to the next meeting. Inspector Pearson told the Council that this would be his last Council meeting and that April 27th would be his last day with Mendota Heights. He thanked the members for their cooperation and consideration and for the opportunity to be able to work with them. LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 April 3, 1979 Page 1060 Mayor Lockwood moved approval of the list of claims. Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: Rauenhorst Corporation Dodd Construction Company, Ic. M.F. Fleischhacker, Inc. Cronstroms Heating & Air Conditioning Ryan Well Company George's Golf Range George's Golf Range Councilwoman Witt seconded the motion. General General Masonry Heating & Air Conditioninc Well Drilling Cigarettes On & Off Sale, non-intox- icating malt liquor Councilman Mertensotto moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:28 o'clock P.M. Mary /n DeLaRosa Deputy Clerk ATTEST: Robert G. Lockwood Mayor