1978-08-01 Council minutesPage No. 933
August 1, 1978
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 1, 1978
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. The follwoing members
were present: Mayor Lockwood, Councilmen Losleben, Mertensotto and Wahl.
ALLY VACATION
Ayes: 4
Nays: 0
Councilman Mertensotto reviewed the July 18th discussion
relative to a petition for the vacation of the alley in
Block 6, T.T. Smith Subdivision No. 4. Councilman Mertensotto
noted that as part of the earlier discussion, it had been
suggested that since only a portion of Block 6 is proposed for
subdivision, only a portion of the alley should be vacated.
Vacation of only the eastern portion of the alley would allow
City access for utility maintenance. Mr. Noack, the
petitioner, was present and had no objection to vacation of
only a portion of the alley.
80
Councilman Mertensotto moved the adoption of Resolution No. 78 -9.9 -,
"RESOLUTION AUTHORIZING VACATION OF ALLEY," approving the
vacation of the easterly 180 feet of the alley in Lot 6, T.T.
Smith Subdivision No. 4, vacating that portion of the alley
crossing Lots 3, 4, 5, 6, 7 and 8, as shown on the ( Noack)
preliminary plat dated July 7, 1978.
Councilman Losleben seconded the motion.
AUGUST CONSTRUCTION The Council acknowledged receipt of a letter from the August
COMPANY Construction Company relative to the construction of the road
and installation of concrete pipes and culverts from Delaware
Avenue to the Friendly Hills Re- Arrangement (re- plat). The
letter proposed that August Construction would grade a 4800 foot
road, at no cost to the City, and further proposed that the City
would pay August $29,895 for the total cost of labor (for
installation) and concrete pipes and culverts. Mr. Joseph Dotty
was present to expand on the request and answer any questions.
Administrator Johnson advised the Council that although the
City can issue a purchase order for labor costs in excess
of $10,000, purchase of materials in excess of that amount
must be done on a bidding basis. He noted that staff would
support the proposal for August to grade the roadway at no
charge to the City or adjoining property owners, as long as
the grading is done under the supervision of the City
Engineer. The City could then take bids for, the necessary
materials, and issue a purchase order to August Construction
for the cost of labor to install the pipe and culverts. The
City's costs would then be assessed as part of the total
improvement project.
CASE NO. 78-20,
COLVARD
( Ayes: 4
Nays: 0
Page No. 935
August 1, 1978
The Council reviewed and discussed an application from
Mr. John Colvard, 762 Lower Colonial Drive, for a four foot
sideyard setback variance to allow him to construct a garage
six feet from his west property line.
Councilman Wahl moved that a four foot sideyard setback
variance be approved as requested conditioned upon removal
of the existing a-kphaltydriveway and replacement of the
existing driveway with sod.
Mayor Lockwood seconded the motion.
CASE NO. 78-21, The Council acknowledged and discussed applications for
TILSEN Wetlands Permits for Lot 10, Block 1, Tilsen's Highland
CASE NO. 78-22, Heights Plat 3 (Specktor Construction) and Lot 7, Block 1,
SPECKTOR Tilsen's Highland Heights Plat 3 (Tilsen Homes, Inc.).
Mayor Lockwood noted that then the Council approved the Mayfield
Heights area public improvements, drainage improvements for
these lots were constructed as part of the project. The
drainage problem which existed when the Wetlands map (and
Ordinance) were prepared was corrected as a result of the
Mayfield Heights project. He recommended that in view of this
corrective work the applications be approved.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
CASE NO. 78-23,
MINWEGEN
Councilman Mertensotto moved that a Wetlands Permit be
granted for Lot 7, conditioned upon the developer's strict
complaince with the provisions of the Wetlands Ordinance.
Councilman Losleben seconded the motion.
Councilman Mertensotto moved that a Wetlands Permit be
granted for Lot 10, conditioned upon the developer's strict
compliance with the provisions of the Wetlands Ordinance.
Councilman Losleben seconded the motion.
Mr. Mark Minwegen was present to request approval of his
application for the division of Lot 15, Block 1, Gailand
Heights. Mr. Minwegen explained that the lot is located at
the northwest corner of T.H. 110 Service Road and Knob Road,
Councilman Mertensotto moved approval of the division of
Lot 15, Gailand Heights, conditioned upon receipt of a $500
park contribution and satisfaction of all assessments and
interest outstanding against the property.
Mayor Lockwood seconded the motion.
Ayes: 4
Nays: 0
MISCELLANEOUS The Council acknowledged receipt of the Association of
Metropolitan Municipalities Newsletter for July.
Ayes: 4
Nays: 0
Page 934
August 1, 1978
Engineer Kishel stated that the improvement plans have been
completed for the entire project, the DNR has given
tentative approval to the project. The City does however
need temporary construction easements from Delaware Avenue
to the Rauenhorst property. He pointed out that the final plat
has not yet been submitted for approval. He suggested that the
Public Works Inspector be directed to acquire the necessary
easements. He noted that the City could advertise for bids for
the culvert and pipes on August 11, open the bids on August 22,
and award the bid either on August 22 or August 29th.
Councilman Mertensotto reminded the August representatives
that the City will make no payment for installation of the
pipe or for the materials until the final plat has been
approved. Mr. Dotty stated that the final plat is being
prepared and should be completed in three weeks.
Councilman Mertensotto moved that tne City Engineer be
authorized to accept bids for pipe and culvert materials
in conjunction with the roadway to be graded by August
Construction Company ,from Delaware Avenue to the proposed
Friendly Hills re-plat.
Mayor Lockwood seconded the motion.
Staff was directed to proceed with the acquisition of
necessary easements. The easement acquisition is to be
completed prior to proceeding on construction of the roadway.
PLANNING COMMISION The Council acknowledged receipt of the Planning Commission
minutes for the July 25th meeting.
CASE NO. 78-16, The Council acknowledged and discussed an application from
PEDERSON Mr. Ove 0. Pederson for a sideyard setback variance at
1027 Chippewa Avenue. Mr. Pederson proposes to move an
existing garage, attaching it to the south side of his home,
three feet from the side lot line.
After a brief discussion, Mayor Lockwood moved that the
3 foot sideyard setback variance be approved.
Councilman Wahl seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 78-17, Mr. Lou Killian, representing the School District, was
INDEPENDENT present to request approval of a sign size variance. The
SCHOOL DISTRICT School District proposes to install a 20 by 5 foot
identification sign on the Henry Sibley Senior High School
property.
Councilman Losleben moved approval of the variance as
proposed and requested.
Councilman Mertensotto seconded the motion.
Ayes: 4
Nays: 0
COMMUNICATIONS
COMMUNICATIONS
Page 936
August 1, 1978
The Council acknowledged receipt of a letter from
Mr. & Mrs. Dick Carbone, 1300 Wachtler Avenue,
Mr. & Mrs. Gary Hagstrom, 1312 Wachtler Avenue, Mr. & Mrs.
Larry Walsh, 1316 Wachtler Avenue, and Mrs. & Mrs. John McBride,
1330 Wachtler Avenue, as a claim for damages from erosion caused
by residential development to the east of their property.
After a brief discussion, the Council directed that the
matter be referred to the City's insurance carrier for review.
The Council acknowledged receipt of a letter from
Mr. Norman Lorentzen regarding Ivy Falls Creek drainage,
erosion, and restoration of the Ivy Falls creek. The matter
was referred to staff for response.
The Council acknowledged receipt of a letter and dues
statement from the League of Minnesota Cities.
The Council acknowledged receipt of a letter from Attorney
Dennis Briguet regarding storm damage to property located
at 1864 Delaware Avenue. Administrator Johnson advised the
Council that the property is located in West St. Paul and
that Mr. Briguet has advised us to ignore the letter.
ROGER'S LAKE The Council acknowledged receipt of letters from
LEVEL Dr. D.E. Westover and Mr. Gilbert J. Schlagel relative to the
increase in the level of Roger's Lake.
VALLEY VIEW OAKS
COMMUNICATIONS
COUNCIL APPOINT-
MENT DISCUSSION
BIRCH COMPANY,
DRAINAGE
The Council acknowledged and discussed a letter from
Mr. Lawrence Culligan relative to the status of the Valley
View Oaks plat. As a result of the discussion the Council
referred the matter to City Planner Dahlgren and directed
that he "speed up" the portion of the Comprehensive Plan
relating to steep slopes in order to eliminate some of the
delays in the processing of the proposed plat.
The Council acknowledged receipt of a letter from the
Army National Guard requesting that they be allowed to attend
and give a presentation to the Council at the August 15th
meeting. The Council directed the City Administrator to
contact Lt. Michael Kruger to set up a date for a Council
appearance at some time after all of the assessment hearings
and budget hearings have been completed.
Mayor Lockwood reminded the Council of the three formal
applications for Council appointment received at previous
Council meetings, and also submitted the name of Gary
Gustafson as a candidate for the vacant Council seat.
Discussion on the Council appointment was tabled to
August 15th.
Mr. Brian Birch was present to discuss proposed drainage for
the site on which he proposes to construct a business
structure. He proposed that the surface water be drained
north, towards Freeway Road. Public Works Inspector Pearson
recommended that drainage be across the front of the property
which Mr. Birch stated would necessitate installation of
275 feet of culvert. Mr. Birch objected to the cost for
such installation and suggested that the City should participate
in the financing because of the depositing of fill on the
BUILDING PERMIT
REQUEST
MN/DOT
Ayes: 4
Nays: 0
EAGLE RIDGE
SUMMIT DRAINAGE
Page 937
August 1, 1978
property by the Department of Transportation several years ago.
The Council expressed their agreement with the staff
recommendation on drainage and directed Mr. Birch to prepare
drainage plans which are approved by staff and the Planning
Commission when the Council considers the conditional use
permit application for his business.
Mr. Robert Johnson, of R.L. Johnson Construction Company,
was present to request approval of a building permit for
an industrial structure proposed to be constructed at Pilot
Knob Road and Mendota Heights Road. The Council acknowledged
receipt of a mem o from the City Planner relative to the
permit requst. It was noted that Planner Dahlgren objected
to the proposal to place face brick only on a portion of the
front of the structure and westerly end of the structure and •
split face block on the rest of the exterior. He recommended
that continuation of the earth-tone split face block on the
entire structure would be more appropriate and more
aesthetically pleasing. Mr. Johnson stated that he would
have no objection to this arrangement, however United
Properties requires the use of face brick as indicated on the
plan.
The Council suggested that Mr. Johnson meet with the City
Planner and United Properties representatives to reach an
agreement on the exterior surface. The matter was referred
to staff for recommendations and conditions of approval.
Administrator Johnson advised the Council that the property
on which Mr. Johnson proposes to build is the land currently
used as the City's burn site. Construction on the site will
obviously necessitate elimination of the burn site and
either its relocation or closing.
The Council acknowledged receipt of a memo from
Mr. Gordon Fay, Director of the State Aid Office advising the
Council that the City shall be required to submit a 5-year
program for construction of State Aid streets. The plan is
to be submitted to his office by January 1, 1979.
Mayor Lockwood moved that the City Engineer be directed to
prepare and submit a five-year program of proposed construction
of State Aid Streets in accordance with the letter from
Mr. Fay.
Councilman Wahl seconded the motion.
The Council acknolwedged and discussed a memo from the
City Engineer relative to Eagle Ridge Summit Drainage.
Administrator Johnson explained the drainage problems in the
Eagle Ridge area and expressed his concern over the drainage
situation.
Ayes: 4
Nays: 0
MISCELLANEOUS
FINANCIAL
STATEMENTS
CODE ENFORCEMENT
OFFICER
LIST OF CLAIMS
Ayes: 4
Nays: 0
LICENSES
Ayes: 4
Nays: 0
Page 938
August 1, 1978
After considerable discussion, the Council determined that
based on staff recommendations the proposed drainage system for
Eagle Ridge Summit is inadequate, and Councilman Mertensotto
moved to direct the City Administrator to notify Mr. Tuminelly
of the inadequacies and to advise him that no building permits
will be issued for Eagle Ridge Summit until the drainage
problems are resolved.
Councilman Losleben seconded the motion.
The Council acknowledged receipt of an excerpt from the
July 25th St. Paul Dispatch regarding the Public Employment
Labor Relations Act of 1971 and binding arbitration.
The Council acknowledged receipt of the monthly financ ial
statements for May and June, 1978.
Administrator Johnson updated the Council on the status of
the Code Enforcement Officer selection process. He recommended
that in view of the lack of qualified candidates at the
advertised wage, consideration should be given to raising
the proposed salary to $20,000 and re-advertising. He did
advise the Council that one of the top candidates has
recently expressed interest in the position, and the Council
authorized the Administrator to offer the position to the
candidate, Wallace Roholt, at a salary of $19,000 to $19,500.
Councilman Losleben mared 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 1, 1978, having been audited by the City Council, be
and are hereby allowed and the Mayor and City Treasurer be
and are hereby authorized and directed to issue City checks in
payment of said claims.
Councilman Wahl seconded the motion.
Mayor Lockwood moved approval of the list of licenses, granting
licenses to:
Minnesota Package Products, Inc.
Lifetime Aluminum
C&L Erectors, Inc.
Quality Builders
Ipsen Construction
Rumpcs Sewer and Water
St. Paul Utilities, Inc.
Fred Vogt & Company
Fred Vogt & Company
Andretta Bros.
General Contractor License
General Contractor License
General Contractor License
General Contractor License
General Contractor License
Excavating License
Excavating License
Gas Heating License
Htg. & Air Conditioning Lic.
Masonry License
Councilman Mertensotto seconded the motion.
Page 939
August 1, 1978
ADJOURN There being no further business to come before the Council,
Councilman Mertensotto moved that the meeting be adjourned.
Councilman Losleben seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 10:52 P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
aferdvA.vo-oeL
Robert G. Lockwood
Mayor