1978-03-21 Council minutesMarch 21, 1978
Page 857
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, March 21, 1978
Pursuant to due call and notice therecif, the regular meeting of the City Council,
City of Mendota Heights was held at 7:30 o'clock P.M. 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, Schaberg and Wahl.
Councilman Mertensotto had notified the Council that he would be late.
APPROVAL OF Councilman Losleben moved approval of the minutes of the
MINUTES March 7 meeting.
Councilman Schaberg seconded the motion.
Ayes: 4
Nays: 0
ABATEMENTS
Ayes: 4
Nays: 0
Ayes: 4
Nays: 1 Losleben
County Assessor O'Toole was present to request approval of
abatements. He explained the requested abatement for
Parcel No. 27-17150-150-06.
Councilman Losleben moved that an abatement be granted to
James H. & Louise Carroll for Parcel No. 27-17150-150-06,
reducing the assessed value from 19760 to 17252 for taxes
payable in 1976, reducing the assessed value from 20590 to
19006 for taxes payable in 1977 and from 20213 to 18647 for
taxes payable in 1978.
Councilman Wahl seconded the motion.
Councilman Mertensotto arrived at 7:35 o'clock P.M.
Mr. O'Toole explained the requested abatements for parcels
located in the Friendly Hills Re-Arrangement, explaining that
the nine lots are either partially or entirely under water.
Councilman Losleben objected to the proposed abatements,
questioning whether the properties are actually under water and
noting that the lots will very possible not be under water when
the Friendly Hills Replat is approved.
As a result of the discussion, Mayor Lockwood moved that
abatements be granted to the Rauenhorst Corporation for
Parcels No. 27-27800-0-0-24, 27-27800-020-24, 27-27800-030-24,
27-27800-040-24, 27-27800-140-24, 27-27800-150-24, 27-27800-
040-23, 27-27800-050-23 and 27-27800-060-23, reducing the
assessed value from 430 to 127 for each parcel for taxes
payable in 1978.
Councilman Schaberg seconded the motion.
DOG AND ANIMAL
ORDINANCES
Ayes: 5
Nays: 0
BIKEWAY
Ayes: 5
Nays: 0
COMMUNICATIONS
MENDOTA WATER
COMPANY
Page 858
March 21, 1978
Police Chief Thul was present to explain the recommended changes
in the dog control ordinance and proposed animal control
ordinance. Chief Thul briefly summarized the proposed animal
ordinance and expanded on portions of the proposed dog ordinance
amendments, in particular, the recommended impounding fee
increases, proof of rabies shots and definition of kennels.
Councilman Wahl moved that the recommendations be approved and
that the City Attorney be directed to prepare Ordinances based
on the recommendations.
Councilman Losleben seconded the motion.
The Council acknowledged receipt of memos from the City Engineer
and Park and Recreation Commission relative to the proposed
construction of a Lexington Avenue/Wagon Wheel Trail bikeway
Park and Recreation Commission Chairperson Witt was present to
elaborate on the Commission's concerns. Mrs. Witt stated that
although the Commission like s the idea of the pedway, the
$95,000 State grant is considerably less than the Engineer's
estimate of approximately $150,000. The Commission recommended
that $25,000 of the Special Park Fund monies could be allocated
to the project and that the City request financial assistance
from the County for the project. It was also noted that if the
City plans to construct the bikeway, the State requires that the
construction contract be awarded by June 30th.
Councilman Schaberg moved that the City Administrator be directed
to submit a letter to the Board of County Commissioners
requesting financial assistance by the County in the project.
Councilman Losleben seconded the motion.
The Council acknowledged receipt of a letter from the Dakota
Law Enforcement Association inviting the Council members to
attend the Association annual meeting to be held on April 19.
The Council acknowledged receipt of a letter from several
property owners on Walsh Lane requesting that the northerly
extension of Walsh Lane through the Rolling Green Addition be
named Walsh Lane. Administrator Johnson advised that the
developer plans to continue the Walsh Lane street name through
the plat to Marie Avenue in response to earlier recommendations
by the Council and staff.
The Council acknowledged receipt of the Mendota Water Company
audit for the year ending November 30, 1977, and the
projection of 1978 income and expenditures. Mayor Lockwood
acknowledged the presence of several Water Company
representatives and asked for their comments.
Ayes: 5
Nays: 0
RECESS
MISCELLANEOUS
Ayes: 5
Nays: 0
Page 859
March 21, 1978
Mr. John McGirl, attorney for the Water Company, stated that
the rates approved by the Council in 1977 expire at the end of
March, 1978. He noted that in 1978 (based on tie projections
distributed to the Council), the Company will realize a profit
of approximately $6,800. He further stated that as far as the
Company is concerned, the system will end in 1981, and that
they would be glad to meet with a committee to negotiate the
earlier sale of the system to the City. There was considerable
discussion by the Council on establishing an ad hoc committee
to negotiate the early transfer of the system to the City and
also considerable discussion relative to a reduction in rates
charged to the customers of the company. Mr. McGirl and the
other company representatives objected to any rate reduction.
Councilman Schaberg disagreed with Council establishment of
an arbitrary rate reduction, suggested that a committee be
formed to negotiate the City take-over of the system, and
further suggested that the existing rates be continued until
more information on the actual financial status of the system,
including information on where the annual $9,000 depreciation
went,can be provided.
Councilman Schaberg moved that the existing rates be extended
through November 30, 1978, (the end of the company's fiscal year)
with the understanding that the company would provide an
unaudited nine-month financial stateme nt at the end of October,
and with the provision that the company work with the Civic
Association to investigate the interest of the customers to
convert the system.
Mayor Lockwood seconded the motion.
The Council discussed the matter at length, and as a result,
Mayor Lockwood withdrew his second to the motion, and
Councilman Schaberg withdrew the motion.
Councilman Losleben moved the adoption of Resolution No. 78-2S,
"RESOLUTION EXTENDING PROVISIONS OF ORDINANCE NO. 147,"
extending the current water rates through May 31, 1978.
Mayor Lockwood seconded the motion.
Mayor Lockwood called for a recess at 1040 o'clock P.M.
The meeting was reconvened at 10:16 o'clock P.M.
The Council acknowledged and discussed resolutions from
Sunfish Lake and Farmington concerning authorization for taxation
of commercial solid waste landfills.
Councilman Losleben moved the adoption of Resolution No. 78-24,
"RESOLUTION ENCOURAGING MINNESOTA LEGISLATORS TO AMEND
MINNESOTA STATUTES 272.02 SUED 1(15) AND AUTHORIZE TAXATION OF
COMMERCIAL SOLID WASTE LANDFILLS OR PROVIDE ALTERNATIVE REMEDIES.
Councilman Schaberg seconded the motion.
COMMUNICATIONS
PETITION FOR
IMPROVEMENTS
Ayes: 5
Nays: 0
DEPARTMENT REPORTS
EAGLE RIDGE EAST,
PHASE 2
Ayes: 5
Nays: 0
EAGLE RIDGE EAST,
CENTRAL ADDITION
Ayes: 5
Nays: 0
Page 860
March 21, 1978
The Council acknowledged receipt of a letter and supportive
information from Mr. Bruce Malkerson relative to the proposed
platting of Culligan's Valley View Oaks.
The Council acknowledged receipt of a copy of a letter from
the Wagon Wheel Trail Association to the County Highway
Engineer requesting a "no passing zone" designation for a portion
of Lexington Avenue.
The Council acknowledged receipt of a letter from the
Department of Transportation denying the City's request for
a four way stop control at the intersection of Dodd Road and
Marie Avenue.
The Council acknowledged and discussed a petition for preparation
Of a—feasibility study on public improvements to serve a portion
of the Inland Industrial Park (Cray Research).
Councilman Losleben moved that the petition be accepted and
that the City Engineer be directed to proceed with the
preparation of the feasibility study.
Councilman Mertensotto seconded the motion.
The Council acknowledged receipt of the Fire Department monthly
report for February.
Mr. Carmen Tuminelly was present to request approval of the
site plan for Eagle Ridge East, Phase II, Outlot A.
After a brief discussion and review of the plan,
Councilman Losleben moved approval of the site plan for Outlot A.
Councilman Wahl seconded the motion.
City Planner Dahlgren explained the proposal for the platting
of the center section of Eagle Ridge East. Mr. Tuminelly
advised the Council that he has worked closely with the City
Planner in the preparation of the preliminary layoutfor the
plat consisting of 22 townhouse units.
On the recommendation of the City Planner, Mayor Lockwood
moved that the preliminary layout for Eagle Ridge East, Center
Section, be approved according to the revisions dated
March 21, 1978, such preliminary plat being for 22 townhouse
units, and further, the Council agreed that minor changes
in the site plan can occur without further Council approval
provided the number of units does not increase and with_the
understanding that an engineering escrow deposit will be
required.
Councilman Losleben seconded the motion.
PUBLIC WORKS
GARAGE
Ayes: 5
Nays: 0
BIRCH COMPANY
PAKO PHOTOS
Ayes: 4
Nays: 1 Mertensotto
MISCELLANEOUS
Ayes: 5
Nays: 0
Page 861
March 21, 1978
Mr. Jim Jordan, from Trossen/Wright was present to outline the
proposed plans and specifications for the Public Works Garage.
As part of the discussion, City Planner Dahlgren noted that
serious consideration should be given to finishing all
of the building's exteriour walls and moving the storage area.
He also cautioned the Council on the possible problems which
may occur if the roof drains to the north as is proposed.
Councilman Mertensotto moved approval of the plans and
specifications as submitted with the condition that all four
exterior walls be finished with patterned block and that the
storage area be moved in accordance with the Planner's
recommendation, and that staff be authorized to accept bids
at 7:30 P.M. on April 18th.
Councilman Losleben seconded the motion.
Mr. Brian Birch was present to request approval of a building
permit for a commercial structure to be located on property
he owns on Dodd Road and Freeway Road. Building Inspector
Dick Bjorklund commented that the subject area is zoned B-2
and he does not believe the use would be allowed except perhaps
as a conditional use. He also stated that the plans were
drawn by Mr. Birch without supervision of a registered engineer
as is required by State law. Mr. Birch gave a brief
explanation of the type of operation he proposes to conduct,
and the Council requested that he submit a letter explaining
the nature of the business more fully. The Council referred
the matter to City Planner Dahlgren for a determination of
whether the proposed use is compatible with the zoning.
Representatives of Pako Photo were present to request approval
of a building permit for a "film drop off and pick-up station"
proposed to be located in the Mendota Plaza parking lot.
They explained that the dimensions of the structure will be
41/2 by 8 feet and that the anticipated use woulli be 30-40
customers per day, with no activity on Sundays. The Council
also acknowledged receipt of a memo from Planner Dahlgren
wherein he recommended that the Council a temporary permit
of one to two years' duration subject to location of the
structure one bay south of the proposed location.
Councilman Wahl moved approval of a temporary permit with a
time limit of two years conditioned upon location of the unit
one bay south of the proposed location conditioned upon there
being no aesthetic or functional problems associated-with the
structure or its use.
Councilman Schaberg seconded the motion.
Councilman Losleben moved the adoption of Resolution No. 78-26,
"RESOLUTION REQUESTING ACCESS TO PUBLIC PROPERTY FROM T.H. 110,'
relative to construction of the Crown Point Addition pedway.
Councilman Schaberg seconded the motion.
PERSONNEL
VOLUNTEER FIREMAN
Ayes: 5
Nays: 0
Page 862
March 21, 1978
The Council acknowledged receipt of a memo regarding the creation
of an additional Public Works maintenance man position.
Discussion on the matter was tabled to April 4.
On the recommendation of the
moved that Ronald Redding be
Department.
Councilman Wahl seconded the
City Administrator, Mayor Lockwood
appointed to the Volunteer Fire
motion.
CROWN POINT ADDITION Engineer Kishel reviewed and explained the plans and
specifications for the Crown Point Addition public improvements.
Ayes: 5
Nays: 0
FRONTAGE ROAD
Ayes: 5
Nays: 0
Councilman Losleben moved the adoption of Resolution No. 78-27,
"RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR PUBLIC IMPROVEMENTS TO SERVE THE
CROWN POINT ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 77,
PROJECT NO. 9)," the bids to be accepted on April 25 at 2:00 P.M.
Mayor Lockwood seconded the motion.
Councilman Mertensotto moved the adoption of Resolution
No. 78-28, "RESOLUTION DEDICATING CITY LAND FOR A SERVICE ROAD
NORTH OF HIGHWAY 110 BETWEEN LEXINGTON AVENUE AND HUNTER LANE."
Councilman Schaberg seconded the motion.
PLANNING COMMISSION Mayor Lockwood reminded the Council that Ray Wheeler acceptedlmin
reappointed to the Planning Commission on the basis that the
Council recruit a replacement for him at the earliest
opportunity. He therefore recommended that Mr. John W. Frank
be appointed to the Commission to replace Mr. Wheeler.
Ayes: 5
Nays: 0
Mayor Lockwood moved that John W. Frank, 774 Lower Colonial,
be appointed to the Planning Commission, effective April 1, 1978,
the term to expire on January 31, 1981.
Councilman Mertensotto seconded the motinn.
Councilman Wahl asked to be excused temporarily from the meeting.
CODE ENFORCEMENT The Council discussed the status of the Code Enforcement Officer
OFFICER selection process. Councilman Mertensotto advised the Council
that he has met with Wallace Roholt, one of the two candidates
being considered, outlined his discussion with Mr. Roholt
and recommended that the position be offered to Mr. Roholt at
a salary of $18,000 for 1978. It was the concensus of the
Council that the City Administrator be directed to complete
the employment inquiries and move towards hiring Wallace Roholt
as Code Enforcement Officer.
Page 863
March 21, 1978
Councilman Wahl returned-to the meeting at 12:40 P.M.
LIST OF CLAIMS Mayor Lockwood moved the adoption of the following motion:
Ayes: 5
Nays: 0
LICENSES
Ayes: 5
Nays: 0
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,
March 21, 1978, having been audited by the City Council, be
and are hereby allowed and the Mayor and Treasurer of the
City of Mendota Heights are hereby authorized and directed to
issue City checks in payment of said claims.
Councilman Losleben seconded the motion.
Councilman Losleben moved approval of the list of licenses,
granting licenses to:
Gallati Excavating, Inc.
Nichols Construction, Inc.
M.F. Fleischhacker, Inc.
Excavating License
General Centractor License
Masonry Contractor License
Councilman Schaberg seconded the motion.
ADJOURN There being no further business to come before the Council,
Councilman Schaberg moved that the meeting be adjourned.
Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 12:50 o'clock A.M.
)
Ka leen M. Swanson
City Clerk
ATTEST:
Robert G. Lockwood
Mayor