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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