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1978-08-15 Council minutesPage 940 August 15, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 15, 1978 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights was held at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto and Wahl. APPROVAL OF MINUTES Ayes: 4 Nays: 0 ASSESSMENT HEARING, IMPROVEMENT NO. 76, PROJECT NO. 1 BROMPTON COURTS Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 ASSESSMENT HEARING, IMPROVEMENT NO. 77, PROJECT NO. 2, EMERSON AVENUE AREA Councilman Losleben moved approval of the minutes of the July llth meeting with corrections. Councilman Wahl seconded the motion. Mr. Thomas Dolan and Mr. Jerome McGough were present as owners of the lots involved in the project. Mr. McGough questioned an $8,000 increase in costs over a three month period. Engineer Kishel explained that the feasibility report is based on an estimate and that the actual costs are determined by the contractors. The contractors' bids submitted were higher than originally anticipated. Mayor Lockwood moved that the assessment hearing be closed. Councilman Wahl seconded the motion. Mayor Lockwood moved the adoption of Resolution No. 78-82, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR BROMPTON COURTS IMPROVEMENTS (IMPROVEMENT NO. 76, PROJECT NO. l'.' Councilman Losleben seconded the motion. Mr. Robert Riesberg, 1349 Delaware Avenue, was not at the feasibility hearing for the project and asked for information on the project. Mr. Jim Colburn, representing Bruce Lager, stated that Mr. Lager's lot is a corner lot and asked about the assessment policy on corner lots. It was pointed out that Mr. Lager was given credit for a previous assessment as part of the preparation for this assessment roll. Mr. Maurice_Telafider, 589 W. Emerson Avenue, asked what the total project cost was. The Council acknowledged receipt of a letter from Jerry Murphy of the Somerset Country Club, in objection to the Country Club's assessment amount (however, not objecting to being assessed). Engineer Kishel explained the added costs for the inclusion of construction on Coleshire and Somerset. Councilman Mertensotto suggested that perhaps the Council should consider 10% reductions on all of the assessments, and that the 10% should possibly be carried on General Obligation. Ayes: 4 Nays: 0 BID AWARD, PUBLIC WORKS GARAGE IMPROVEMENTS, IMPROVEMENT NO. 78, PROJECT NO. 5 Ayes: 4 Nays: 0 CASE NO. 77-38, SCHUSTER Ayes: 4 Nays: 0 FINAL PLAT, DELAWARE HILLS Ayes: 4 Nays: 0 APPLICATION FOR BUILDING PERMIT Page 941 August 15, 1978 There being no further questions or comments from the audience, Councilman Wahl moved that the hearing be closed. Mayor Lockwood seconded the motion. The hearing was closed at 8:23 o'clock P.M. The Council acknowledged and reviewed the tabulation of bids received for construction of public improvements to serve the public works garage and adjacent areas. Councilman Losleben moved the adoption of Resolution No. 78-83, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER, WATER, STREET AND DRAINAGE IMPROVEMENTS TO SERVE THE PUBLIC WORKS GARAGE AND ADJACENT AREAS (IMPROVEMENT NO. 78, PROJECT NO. 5)," awarding the bid to the low bidder, Deluxe Construction Company, for the low bid of $194,102.80. Councilman Mertensotto seconded the motion. Mayor Lockwood noted that the discussion on the application:.for subdivision had been continued from the June 6th meeting pending receipt of a legal opinion from the City Attorney. Acting City Attorney Bill Studer explained that the opinion has not yet been completed and asked that discussion on the matter be tabled to September 5th. After brief discussion, Councilman Wahl moved that the matter be continued to September 5th. Mayor Lockwood seconded the motion. Mr. Dick Conlin was present to request approval of the final plat for Delaware Hills. The Council discussed the proposed access road to Outlots A and B, which access is via a private easement. The Council directed that the developer include the easement information in the contracts each buyer receives. Councilman Wahl moved the adoption of Resolution No. 78-84, "RESOLUTION APPROVING FINAL PLAT OF DELAWARE HILLS." Councilman Losleben seconded the motion. Mayor Lockwood noted that discussion on the application for industrial building permit submitted by R.0: Johnson had been continued from the August 1st meeting. Mr. Johnson asked for approval of the plot plan, elevation, drainage and landscaping plans. He also explained that United Properties has agreed to allow exterior facing to be three kinds of block, rather than the proposed split face brick on a portion of the structure. Ayes; 4 Nays: 0 COMMUNICATIONS EAGLE RIDGE SUMMIT DRAINAGE Ayes: 4 Nays: 0 Page 942 August 15, 1978 As a result of the discussion, Mayor Lockwood moved approval of the building concept, based on drainage plans, landscaping and plot plans presented by R.L. Johnson, a building permit to be issued subject to final approval of the plans by the Building Inspector. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from the Corps of Engineers regarding the Friendly Hills access road. The matter was referred to the City Attorney and City Engineer for study and completion of the required forms. The Council acknowledged receipt of a letter from the League of Minnesota Cities regarding League Regional Meetings. Councilman Losleben indicated that as a delegate to the League he would have some interest in attending the November 1st meeting. The Council acknowledged receipt of a letter from Carmen Tuminelly regarding Eagle Ridge Summit drainage. Engineer Kishel was directed to work with Mr. Tuminelly in resolving the drainage problems. Councilman Losleben moved that the City Engineer be authorized and directed to prepare a feasibility study on drainage for Eagle Ridge. Councilman Wahl seconded the motion. FLOOD INSURANCE The Council acknowledged receipt of a letter from the Depart- ment of Housing and Urban Development regarding flood insurance. Ayes: 4 Nays: 0 COMMUNICATIONS TEMPORARY HOUSING Councilman Mertensotto moved that the matter be referred to the City Planner and City Attorney for review and response. Mayor Lockwood seconded the motion. The Council acknowledged receipt Of a letter from the Department of Natural Resources on the level of Rogers Lake. The Council directed staff to submit copies of the letter to Paul Dreelan, Gil Schlegel and Dr. Westover. Administrator Johnson read a letter from Mrs. Fouks stating "It is agreed that we will have our home rebuilt, following our fire, by February 1, 1979, and the temporary trailer will be removed from the lot by that time." Councilman Mertensotto questioned whether the City wanted to set a precedent by allowing this type of thing, as it has never been done before. Building Inspector Bjorklund felt that the City haS an obligation to its citizens. He also checked the site and discussed with Mr. Fouks the location of the temporary water and sewer line. A neighbor, Mr. Kane, was present and objected to looking directly at the trailer from his home. He wanted a letter from the Council as to an exact date the trailer will be removed. Mention was also made that the sanitary sewer pipe was above ground and would probably freeze up if allowed there until February 1, 1979. Mr. Kane's main objection centered on the fact that the City staff acted prematurely. Ayes: 4 Nays: 0 BURN SITE Ayes: 4 Nays: 0 COMMUNICATIONS Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 REVENUE SHARING Ayes: 4 Nays: 0 Page 943 August 15, 1978 Administrator Johnson pointed out that we have no actual wording on temporary housing in the Ordinances. Some Councilmen felt the real problem was not at the present, but would come in six months time, if the house were not liveable, then could the City evict the Fouks? Councilman Losleben suggested that the Council receive a schedule of work progress from the Fouks'. Mayor Lockwood moved that the Council finds that local policy forbids the parking of a mobile home in an R-1 District and the mobile home must be removed in 120 days. Councilman Losleben seconded the motion. Administrator Johnson read figures prepared by Harvey Franzmeier regarding cost to maintain a burn site versus homeowner costs to dispose of diseased trees. Mayor Lockwood suggested closing the burn site and subsidizing the hauling rate to Pine Bend. Councilman Lolseben moved that staff close the burn site on September 1, 1978. Counciltan MertehsottovsecOhdedsthemotion.the burl, site on The Council acknowledged receipt of a letter from Mr. Frank Stasny regarding his desire to purchase a portion of the Wentworth Park property. Councilman Wahl moved that staff be directed to negotiate the sale of a portion of the Wentworth Park property, the actual sale to be subject to Council approval. Mayor Lockwood seconded the motion. A letter was received from the City of Richfield seeking the support of Mendota Heights regarding compulsory arbitration •provisions. Councilman Losleben moved to approve a contribution of $100 needed to defray the cost of the Supreme Court appeal, and the adoption of Resolution No. 78-85, "RESOLUTION SUPPORTING CITY OF RICHFIELD LAWSUIT CONTESTING PELRA COMPULSORY BINDING ARBITRATION PROVISIONS." Councilman Mertensotto seconded the motion. Councilman Losleben moved the adoption of Resolution No. 78-86, "RESOLUTION ESTABLISHING FEDERAL REVENUE SHARING PROPOSED USE HEARING," the hearing to be conducted on September 5th. Councilman Wahl seconded the motion. IVY FALLS CREEK DRAINAGE BUDGET IVY FALLS CREEK DRAINAGE Ayes: 4 Nays: 0 DEPARTMENT REPORTS Page 944 August 15, 1978 The Council acknowledged receipt of a letter from the Dakota County Soil and Water Conservation District regarding the possibility of financial grants for stream bank erosion controls for the Ivy Falls Creek. Administrator Johnson distributed copies of a proposed schedule of budget hearings and discussions for the 1979 budget. Administrator Johnson reminded the Council that a resolution adopted in September of 1977 authorized an expenditure of a maximum of $7,500 for Ivy Falls Creek area drainage study. He advised the Council that the present billing for the feasibility study amounts to approximately $11,000, and recommended that the original resolution be revised. Councilman Mertensotto moved the adoption of Resolution No. 78-87, "RESOLUTION RESCINDING A PORTION OF RESOLUTION NO. 77-88, (IVY FALLS CREEK DRAINAGE STUDY)", rescinding the maximum limit established in Resolution No. 77-88: "WHEREAS, the maximum limit of $7,500 appears insufficient; and WHEREAS, the Study is deemed necessary, and must continue and be completed; NOW THEREFORE BE IT RESOLVED that the maximum of $7,500 established in Resolution No. 77-88 be and is hereby eliminated". Councilman Wahl seconded the motion. The Police and Fire Department monthly reports for July were acknowledged. COUNCIL VACANCY, Councilman Wahl stated that there are only four meetings before APPOINTMENT the November election and felt that there should be no appointment in advance of the election. Councilman Losleben agreed. Councilman Mertensotto stated that he would support whatever candidate the Mayor nominates. Ayes: 2 Nays: 2, Losleben & Wahl Mayor Lockwood moved that Gary C. Gustafson be appointed to the Council seat left vacant by Councilman Schaberg's resignation. Councilman Mertensotto seconded the motion. Mayor Lockwood stated that in view of the tie vote he would exercise his right as Mayor to appoint a candidate, adding that he probably would appoint Donald L. Huber to fill the Council vacancy. The appointment will be confirmed by a letter to the City Clerk. ELECTION INFORMATION Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 945 August 15, 1978 Councilman Mertensotto moved the adoption of Resolution No. 78-89, "RESOLUTION ESTABLISHING PRECINCT POLLING PLACES," and approval of the list of election personnel as recommended by the City Clerk. Councilman Wahl seconded the motion. Mayor Lockwood moved the adoption of the following motion: "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, August 15, 1978, having been audited by the City Council, be and are hereby allowed and the Mayor and Treasurer be and are hereby authorized and directed to issue City checks in payment of said claims. Councilman Mertensotto seconded the motion. Councilman Wahl moved approval of the list of licenses, with the exception of Egan and Sons, granting licenses to: Home Modernizer's, Inc. Panelcraft of Minnesota Dale Rodahl Custom Builder Kenneth Waschek Quality Pools R. Johnson Construction and Development, Inc. Martin Homes, Inc. Industrial Utilities, Inc. Rayco Excavating Allan Heating & Air Conditioning T.J. Heating & Air Conditioning A.C. Doyle Company, Inc. Breheim Heating, Inc. Neil & Hubbard Heating and Air Cnnditioning Standard Heating & Air Conditioning Allan Heating & Air Conditioning Standard Heating & Air Conditioning Stehr Masonry, Inc. Straus Plumbing Service, Inc. Steve Schmit Plumbing John McCarty Company, Inc. General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Excavating License Excavating License Htg. & Air Conditioning Lic. Htg. & Air Conditioning Lic. Htg. & Air Conditioning Lic. Htg. & Air Conditioning Lic. Htg. & Air Conditioning Lic. Htg. & Air Conditioning Lic. Gas Heating License Gas Heating License • Masonry License Plumbing License Plumbing License Plumbing License Mayor Lockwood seconded the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Losleben seconded the motion. ATTEST: Page 946 August 15, 1978 TIME OF ADJOURNMENT: 11:32 o'clock P.M. LL Robert G. Lockwood Mayor Kathleen M. Swanson City Clerk