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1978-07-18 Council minutesPage 925 July 18, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 18, 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. Acting Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Mertensotto, Councilmen Losleben and Wahl. Mayor Lockwood had notified the Council that he would be absent. HEARING -- ALTRY VACATION INDUSTRIAL REVENUE BONDS MISCELLANEOUS Acting Mayor Mertensotto opened the meeting for the purpose of a public hearing on a petition for the vacation of the alley in Block 6, T.T. Smith Subdivision No. 4. Administrator Johnson advised the Council that the petitioner, Mr. Leroy Noack, has submitted a subdivision proposal for a portion of Block 6. He noted that there would be one minor problem in the sewer servicing of the center lot as proposed in the subdivision application, and because of this it may be wise to only vacate the easterly portion of the alley. Acting Mayor Mertensotto noted that the hearing notice had been published in the legal newspaper and posted at the official posting places. Since the petitioner was not yet present at the hearing, action on the matter was delayed until his arrival and participation. Mr. Karl Esslinger was present to request the Council to consider the approval of Industrial Revenue Bonds to finance construction of a building to house his wholesale jewelry supply business. He proposes to construct the structure on the Gold Medallion property (Lexington Avenue and Mendota Heights Road). The overall cost of the project is estimated at $400,000. Mr. Dave Hunter, of Juran and Moody, presented a "comfort" resolution for the proposed Bonds. Acting Mayor Mertensotto noted that any action on the bond request is premature at this time, since the Gold Medallion property is currently zoned B-1A and the City has not yet considered any application for rezoning by Gold Medallion. Although Mr. Esslinger did appear before the Council with an industrial revenue development proposal, further discussion on the matter was continued until such time as the rezoning of the Gold Medallion property is requested and considered. Mrs. Louise Sersen, 1919 South Victoria, was present to object to the platting of the Rolling Green Addition. Mrs. Sersen stated that the platting resulted in the claim by Rolling Green (Derrick Land Company) that 5 feet of property along her property line and that of two other property owners, is included in the plat area. She noted that the disputed area involves about 4,000 square feet of land, and asked that the City get COMMUNICATIONS INSURANCE COMMUNICATIONS Page 926 July 18, 1978 involved in the dispute since the City approved the Rolling Green plat. Acting Mayor Mertensotto stated that this is really a private matter between the land owners and the developer. The City requires submission of a certified survey of all plats prior to their approval and does not write the title to land that is platted. City Attorney Winthrop advised that this is a private matter and the City cannot expend funds to resolve the problem. The Council acknowledged receipt of a letter from Mrs. Kathy Ridder in application for the vacant Council position. The Council acknowledged receipt of information compiled by the League of Minnesota Cities on, insurance. Administrator Johnson stated that the information was submitted to the Council in order to indicate some problems public officials can get into in the performance of their duties, and the lack of insurance to cover any such liabilities. He recommended that the City Attorney be directed to review the material and possibly discuss the matter at a future meeting. He pointed out that the Council should be aware of the risk involved in being uninsured and also pointed out that there is no Council policy on insurance. The Council directed the Administrator to put together some tentative quotations and directed the City Attorney to review the League memos for future response and Council discussion. The Council acknowledged receipt of an Inventory and Evaluation of Ivy Creek Erosion Problems submitted and prepared by Brian Christensen of the Dakota Soil and Water Conservation District. REQUEST FOR SEWER The Council acknowledged receipt of a petition from six AND WATER EXTENSION property owners in Sunfish Lake for an extension of the City's sanitary sewer and water systems to serve their homes. The request is for an extension of the services in an easterly direction along Charlton Road for approximately 600 feet from the centerline of Delaware Avenue. Ayes: 3 Nays: 0 Administrator Johnson explained the petition and stated that he has advised Mr. Roger Ginkel, one of the petitioners, that there would be an engineering escrow required prior to any feasibility report preparation. He further noted that the escrow amount would be approximately $1,000 to $1,200, based on the ordinance establishing engineering escrow deposits. After discussion, Councilman Losleben movedthat the petition be accepted and that the City Engineer be authorized to prepare a feasibility report conditioned upon receipt of an engineering escrow consistent with the requirements of Ordinance No. 154. Councilman Wahl seconded the motion. ALT FY VACATION Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 PERSONNEL Ayes: 3 Nays: 0 Page 927 July 18, 1978 There being no petition representation by Mr. Noack, Councilman Losleben moved that the hearing on the vacation of the alley in Block 6, T.T. Smith Subdivision No. 4 be closed. Councilman Wahl seconded the motion. The hearing was closed at 9:00 o'clock P.M. Councilman Wahl moved that discussion on the alley vacation petition be continued to August 1st, and that staff be directed to notify Mr. Noack of the continuation and of the staff recommendation that only a portion of the alley be vacated. Councilman Losleben seconded the motion. On the recommendation of the City Administrator, Councilman Wahl moved that Mrs. Mary Ann DeLaRosa be given probationary employment as secretary, at a probationary period salary of $725 per month, the appointment to be effective August 1, 1978. Councilman Losleben seconded the motion. ASSESSMENT Councilman Losleben moved the adoption of Resolution No. 78-76, HEARINGS "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR BROMPTON COURTS ADDITION IMPROVEMENTS (IMPROVEMENT NO. 76, PROJECT NO. 1)," the hearing to be held at 7:30 o'clock P.M. on August 15, 1978. Councilman Wahl seconded the motion. Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 Councilman LosIeben moved the adoption of Resolution No. 78-77, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR STREET IMPROVEMENTS FOR A PART OF EMERSON AVENUE, COLESHIRE LANE AND SOMERSET ROAD (IMPROVEMENT NO. 77, PROJECT NO. 2)," the hearing to be held at 8400 P.M. on August 15th. Councilman Wahl seconded the motion. Councilman Wahl moved the adoption of Resolution No. 78-78, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR IVY FALLS WEST AND IVY FALLS WEST 2ND ADDITION IMPROVEMENTS," the hearing to be held at 7:30 o'clock P.M. on August 29th. Councilman Losleben seconded the motion. Councilman Wahl moved the adoption of Resolution No. 78-79, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR MAYFIELD HEIGHTS LANE IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 1)," the hearing to be held at 8:00 P.M. on August 29th. Councilman Losleben seconded the motion. Ayes: 3 Nasy: 0 MENDOTA WATER COMPANY Ayes: 3 Nays: 0 MISCELLANEOUS Ayes: 3 Nays: 0 FLOOD INSURANCE LIST OF CLAIMS Ayes: 3 Nays: 0 LICENSES Ayes: 3 Nays: 0 MISCELLANEOUS Page 928 July 18, 1978 Councilman Wahl moved the adoption of Resolution No. 78-80, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR WAGON WHEEL TRAIL WATERMAIN EXTENSION (IMPROVEMENT NO. 77, PROJECT NO. 7)." Councilman Losleben seconded the motion. Councilman Losleben moved that tne City Attorney be authorized to interpose an answer and to take up the defense of the matter of the suit by the Mendota Water Company Councilman Wahl seconded the motion. Councilman Wahl moved that the City Attorney be directed to take whatever action is appropriate against the Houle Construction Company for deficiencies in the construction of public improvements to serve the Northeast Area (Improvement No. 75, Project No. 8). Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from the City Clerk regarding the H.U.D. approval of the City's application for participation in the National Flood Insurance program. Councilman Losleben 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, July 18, 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. Councilman Wahl moved approval of the list of licenses, granting licenses to: Suburban Heating & Air Conditioning Gilbert Hamm Construction Co. Al Sieben Construction Company Warren Gamache Construction Gas Heating License General Contractor License General Contractor License General Contractor License Councilman Losleben seconded the motion. Councilman Losleben asked that the Department of Transportation be contacted about possible screening around the stockpile at T.H. 49 and also suggested that the City ask Mn/DOT permission to put plantings in that area and to do some beautification along T.H. 49 (using volunteer labor). MISCELLANEOUS Ayes: 3 Nays: 0 ADJOURN Ayes: 3 Nays: 0 Page 929 July 18, 1978 Councilman Losleben moved the adoption of ResolutionNo. 78-88, "RESOLUTION EXPRESSING APPRECIATION," for Councilman Schaberg's work on the Council during his term in office. Councilman Wahl seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned to 7:30 P.M., Tuesday, July 25, 1978. Councilman Wahl seconded the motion. The meeting was adjourned at 10:00 o'clock P.M. K enM;z8Wanson t1tyrClerk ATTEST: Ghir-1-64E-M7erten-Sibtto kotinMaYOr