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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