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1978-02-07 Council minutesPage 836 February 7, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 7, 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. at the 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, Mertensotto, Schaberg and Wahl. APPROVAL OF MINUTES Ayes: 5 Nays: 0 Vote on Amendment: Ayes: 5 Nays: 0 Vote on Motion: Ayes: 5 Nays: 0 BID OPENINGS AND BID AWARD -4. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Wahl moved approval of the minutes of the January 17th meeting with correction. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the minutes of the January 31 meeting with correction. Mayor Lockwood seconded the motion. Councilman Losleben moved to amend the motion to include an addition to the minutes. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a tabulation of bids received towards the purchase of a 3/4 ton pick-up truck and a one-ton dump truck., and an associated recommendation from the Public Works Inspector. Mr. Pearson outlined the memo, recommending that the bids be rejected and the equipment re-advertised due to an inadvertent error in the bid specifications. Councilman Wahl moved that all bids be rejected and that staff be authorized to correct the specifications and readvertise for equipment bids. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of the tabulation of bids received towards the purchase of a rubber-tired backhoe-loader. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 78-12, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR FURNISHING OF RUBBER-TIRED BACKHOE-LOADER," awarding the bid to the Case Power and Equipment Company for their low bid of $21,341. Councilman Wahl seconded the motion. Page 837 February 7, 1978 PROPOSED WATER The Council received letters from the following persons SYSTEM IMPROVEMENTS relative to the proposed water system improvements: Frederick T. Weyerhaueser, 610 W. Wentworth Avenue; Brian Birch, 755 Willow Lane; John Murphy, Jr., 650 W. Wentworth; Thomas H. Garrett III, 620 West Wentworth; Dr. D.E. Derauf, 600 W. Wentworth. Mr. John Murphy, 650 W. Wentworth, suggested that the Council should meet with the property owners on Wentworth Avenut to discuss the rationale for the watermain extenstion. After a brief discussion in this regard, Mayor Lockwood suggested that the property owners work with the City Administrator to review and gain an understanding of the water system and master plan. Councilman Mertensotto stated that he is in favor of initiating the water tank portion of the project and the watermain extensions proposed for the southern portion of the City, so that the project can be coordinated with constructiolof the Public Works Garage. He pointed out however, that prior to commencing work on plans and specifications, the City Engineer should prepare and present a proposed fee schedule for engineering fees related to construction of the tank. Councilman Losleben suggested that a water line extension along Delaware Avenue from Warrior Drive to the southern portion of the City is extremely important and that the Council delay a decision on the Wentworth Avenue watermain extension until development is requested in the southern portion of the City. Councilman Mertensotto moved that the Council order construction of a 16 inch water line extension on Dodd Road to Mendota Heights Road, Mendota Heights Road to Lexington Avenue and Lexington north to the proposed water tank, and construction of an elevated water tank with an alternate bid arrangement for a 1.5 MG tank and a 2 MG tank, directing plans and specifications with no work to commence until an agreement with B.T.S.&C. on the engineering fee schedule has been approved. Councilman Losleben seconded the motion. Engineer Kishel responded to Council questions regarding FAA approval of the water tank elevation, stating that he anticipates a response from the FAA within 30 days. Attorney Winthrop responded to Council questions regarding acquisition of the Public Works Garage/Water Tank site. After considerable discussion regarding the problems of land acquisition and EAA approval of the height of the water tower, the original motion and secion were withdrawn until such time as the tower elevation problem has been resolved. Ayes: 5 Nays: 0 COMMUNICATIONS Ayes: 5 Nays: 0 COMMUNICATIONS PLANNING COMMISSION CASE NO. 77-33, DERRICK LAND COMPANY -- ROLLING GREEN ADDITION Page 838 February 7, 1978 Councilman Mertensotto moved that a decision on construction of the proposed Wentworth Avenue watermain extension be delayed until the June 20th meeting or at an earlier meeting upon written notice to the affected property owners. Councilman Schaberg seconded the motion. The Council acknowledged receipt of a letter from Mr. and Mrs. Arnie Siebell regarding a proposed pedway coming across their property as an access to the open space area in the Crown Point Addition. Administrator Johnson stated that he has met with the Siebells and their attorney and that Mr. & Mrs. Siebell expressed adamant opposition to the pedway proposal. He also advised the Council that it appears that the City does not have as much land (park dedication) as was originally believed. As a result of the discussion, Mr. Johnson stated that he has requested the City Engineer to study the matter and propose an alternative access. Councilman Mertensotto moved that the matter be referred to staff and the City Planner for consideration and recommendation. Councilman Wahl seconded the motion. The Council acknowledged receipt of a League of Minnesota Municipalities notice of its annual Legislative Conference to be held on March 1, 1978. The Council also acknowledged receipt of a letter and proposed legislation submitted by the Dakota County H.R.A. The Council acknowledged receipt of the minutes of the January 24th Planning Commission meeting. The Council acknowledged receipt of communications from the City Planner, City Engineer, Attorney and Police Chief relative to the proposed plat for the Rolling Green Addition. Mr. Roger Derrick, of the Derrick Land Company, explained the preliminary plat of approximately 29 acres of property located at the southwest intersection of Marie Avenue, Mr. Derrick stated that 57 lots are proposed, varying in size from 15,000 square feet to approximately 3/4 acre lots. He noted that in accordance with recommendations from the City Planner, it is, proposed that Lots 3 and 4, Block 4 be reduced to sizes of less than the 15,000 foot minimum in order to accommodate a change in the proposed alignment of Rolling Green Lane. Mr. Derrick asked that the Council approve lot size variances for the two lots as part of plat approval. He also indicated that at the recommendation of the Police Department, the proposed street names will be changed and he will work with the City staff on the new naming. It was noted also that Lots 9, 10 and 11 will need Wetlands permit consideration in the future. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 RECESS EARNEST MONEY CONTRACT Page 839 February 7, 1978 There was some discussion over the spreading of future Marie Avenue assessments over the entire plat. There was also discussion over access to the ponding area and possible public use of the drainage easement area around the pond. It was also agreed that the park dedication would be in the form of a cash contribution rather than land dedication. The Council discussed the several concerns expressed by the City's consultants and by the Planning Commission. After a lengthy discussion, Councilman Wahl moved approval of thE preliminary plat for the Rolling Green Addition based on the recommendations of the CityAttorneY and Planning Consultant, . approval of the preliminary plat being conditioned upon the following: 1.) Wetlands Ordinance variances for Lots 9, 10, 11, 18, 28 and 29 will be considered at the time of Building Permit appliaation and shall not be considered as part of plat approval; 2.) dedication of access to the ponding area; 3.) Inclusion of a temporary cul-de-sac at the southeast corner of the plat; 4.) deed restrictions on all lots abutting Marie Avenue, disallowing any driveway entrances onto Marie Avenue; 5.) compliance with the eleven items contained in the City Engineer's report dated January 18, 1978; and with the understanding that lot size variances for Lots 3 and 4, Block 4 are acceptable and will be granted as part of final plat approval& and including blacktopped access to Mendota School land Mayor Lockwood seconded the motion. Mr. Derrick requested that the Council initiate preparation of a feasibility study on public improvements to serve the plat. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 78-13, "RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS," preparation of the report being conditioned upon receipt of a formal petition for improvements and upon receipt of an escrow deposit for feasibility study preparation. Councilman Wahl seconded the motion. Mayor Lockwood called for a recess at 9:55 o'clock P.M. The meeting was reconvened at 10:05 o'clock P.M. Councilman Mertensotto requested that he be excused from the balance of the meeting and his request:was approved. City Attorney Winthrop advised the Council that Mr. Jon Langenbrunner has signed an earnest money contract relative to the acquisition of the northerly 30 feet of Lot 8, Bloa 3, Somerset Park No. 3. Mr. Winthrop advised that the total acquisition amount is $25,000, to be paid as follows: $24,500 to be paid at the time of closing, $500 to be paid on February 21st. Mr. Winthrop explained that Mr. Langenbrunner has agreed by letter to the contract terms contingent upon a date of closing of June 12, 1978 and contingent on the City vacating a portion of the existing drainage easement over the subject property. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 FIRE DEPARTMENT ANNUAL REPORT POLICE DEPARTMENT ANNUAL REPORT Page 840 February 7, 1978 After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 78-14, "RESOLUTION AUTHORIZING ACQUISITION OF LANGENBRUNNER PROPERTY." Mayor Lockwood seconded the motion. Councilman Wahl moved the adoption of Resolution No. 78-14A, "RESOLUTION CALLING FOR HEARING ON PROPOSED VACATION OF A PORTION OF UTILITY AND DRAINAGE EASEMENT," the hearing to be conducted at 7:30 P.M. on March 7, 1978. Councilman Losleben seconded the motion. Fire Chief Siebell and Fire Marshal Lange were present to discuss the 1977 Fire Department Annual Report which was submitted to the Council with the agenda. In addition to outlining the written report, Captain Lange gave a graphic presentation on fire department activities during the year as well as an outline of several activities planned for 1978. Police Chief Thul was present to answer questions and to comment on the 1977 Police Department Annual Report which was submitted with the agenda. Chief Thul answered several questions regarding such items as dog control and the 911 Emergency Telephone System and 1977 department expenditures. DOG CONTROL Police Chief Thul's memo recommending several changed in the ORDINANCE dog ordinance and recommending adoption of an animal control ordinance was acknowledged and briefly discussed by the Council. Further discussion on the matter was tabled to February 21st. PROPOSED ORDINANCE The Council acknowledged receipt of a proposed amendment to the AMENDMENT Zoning Ordinance to require placing of signs on land proposed to be rezoned. Discussion on the matter was tabled to February 21st. LILYDALE The Council acknowledged receipt of a memo from City Planner COMPREHENSIVE PLAN Dahlgren regarding a review of the Lilydale Comprehensive Plan. The Council concurred with the Planner's recommendation, acknowledged receipt of the draft Lilydale Comprehensive Plan, and deferred any formal comments until the Mendota Heights Comprehensive Plan has been completed. PARK AND RECREATION The Council acknowledged receipt of a letter from the Park COMMISSION and Recreation Commission regarding the decision making process on park contributions for new plats. Chairperson Eliaabeth Witt was present to explain the Park Commission's feelings on this matter. As a result of the discussion, the Council directed that Mrs. Witt and Acministrator Johnson discuss the matter and find a solution to the apparent difficulties. Page 841 February L7, 1978 MISCELLANEOUS Mr. John Larson was present to give the Council a verbal report on the 1977 Park-A-Rama activities and finances. PUBLIC WORKS GARAGE FUND CETA Ayes: 4 Nays: 0 Mr. John Larson asked the Council for a report on the status of engineering or financial studies on acquisition of the Mendota Water Company. The Council advised Mr. Larson that some preliminary work has been done but that a report has not been completed. As a result of the discussion, the Council directed the City Engineer to complete as much preliminary work (for City Council review in March) as possible relative to estimated costs for future conversion of the Mendota Water system to the St. Paul water system. The Council acknowledged receipt of a proposed resolution establishing a public works garage fund. Discussion on the matter was tabled indefinitely. The Council acknowledged and briefly discussed a memo from the City Administrator regarding the status of the City's CETA positions. Administrator Johnson recommended that Clifford Johes be employed to replace Daniel Loiselle in the CETA funded Engineering Aide position. After a brief discussion, Mayor Lockwood moved that Clifford Jones be appointed to the CETA funded position of Engineering Aide at a salary of $750 per month. Councilman Schaberg seconded the motion. PUBLIC WORKS Councilman Schaberg moved approval of the 1978/1979 SALARY Public Works Labor Agreement based on the wage and benefit NEGOTIATIONS recommendations contained in the City Administrator's memo dated January 24, 1978. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 78-15, "RESOLUTION REQUESTING ANSWERS ON TRANSPORTATION PORTION OF SYSTEMS STATEMENT." Councilman Wahl seconded the motion. The Council acknowledged receipt of resolutions from Inver Grove Heights and Apple Valley regarding taxation of sanitary landfills. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 78-16, "RESOLUTION ENCOURAGING MINNESOTA LEGISLATORS TO AMEND MINNESOTA STATUTES 272.02 SUBD. 1(15) AND AUTHORIZE TAXATION OF COMMERCIAL SOLID WASTE LANDFILLS OR PROVIDE ALTERNATIVE REMEDIES." Councilman Losleben seconded the motion. VOLUNTEER FIREMAN APPOINTMENT Ayes: 4 Nays: 0 ARCHITECT CONTRACT Ayes: 4 Nays: 0 EASEMENT Ayes: 4 Nays: 0 BUS ROUTE EXTENSION Ayes: 4 Nays: 0 SOUTH RIDGE ADDITION ENGINEERING STATUS REPORT STREET SWEEPER Page 842 February 7, 1978 On the recommendation of the City Administrator and Fire Chief, Councilman Schaberg moved that Kenneth Noack be appointed to the Volunteer Fire Department. Councilman Losieben seconded the motion. Councilman Wahl moved that the contract for architectural services for Public Works Garage construction between the City and Trossen/Wright Associates be approved and that the appropriate City officials be authorized to execute the contract. Councilman Losieben seconded the motion. Councilman Losieben moved approval of a temporary slope easement for T.H. 110 frontage road construction. Mayor Lockwood seconded the motion. The Council acknowledged receipt of a letter from the MTS requesting approval of a bus route along Marie Avenue, and Victoria Avenue to the Lexington Riverside Apartments. After a brief discussion, Mayor Lockwood moved that the proposed route be approved. Councilman Wahl seconded the motion. The Council acknowledged receipt of a report from the City Engineer regarding the proposed pedway in the South Ridge Addition. After a brief discussion, the Council directed the City Engineer to advise the developer that the Council would like to retain the existing pedway easement on the final plat and further directed Mr. Kishel to discuss the matter with the developer and report back to the Council. The Council acknowledged receipt of the engineering status report for January. Public Works Inspector Pearson explained his memo regarding the proposed purchase of a street sweeper. Mr. Pearson also gave a graphic presentation on current and projected street mileage in the City as well as financial information on the cost of contracted street sweeping as opposed to City owned equipment and operation. After a lengthy discussion, a decision or further discussion was tabled until February 21. POLLING PLACE RECOMMENDATIONS LIST OF CLAIMS Ayes: 4 Nays: 0 RUBBISH LICENSES Ayes: 4 Nays: 0 Page 843 February 7, 1978 Councilmen Losleben and Wahl advised the Council that they met with School District representatives and have viewed several possible Precinct 1 and Precinct 4 polling places within Sibley High School and Somerset School. After a brief discussion, the Council directed that the City Clerk work with Councilmen Wahl and Losleben and come back with a recommendation on polling place locations. Councilman Schaberg 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, February 7, 1978, having been audited by the City Cuoncil, 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. Mayor Lockwood seconded the motion. Councilman Losleben moved that Rubbish Hauler Licenses be granted to Poor Richard's and Emil Oehrlein Trucking. Councilman Wahl seconded the motion. CIGARETTE LICENSES Mayor Lockwood moved that a cigarette license be granted to Twin City Vending. Councilman Schaberg seconded the motion. Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: Councilman Wahl moved that licenses be granted to: Welter & Blaylock, Inc. Fridholm Construction Company Twin City Furnace Company Welter & Blaylock, Inc. Excavating License General Contractor License Heating License Plumbing License Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Schaberg moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 1:03 o'clock A.M. Robert G. Lockwood Mayor Kathleen M. Swanson City Clerk