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1978-06-06 Council minutesPage 898 June 6, 1978 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 6, 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. MENDOTA WATER COMPANY RATES Mayor Lockwood noted that discussion on the matter of the Mendota Water Company rates had been continued from the May 16th meeting, at which time the Council received and reviewed a report from Mr. Dennis McCardle and the Friendly Hills Civic Association. Mayor Lockwood asked for comments from representatives of the Water Company. Mr. John McGirl, representing the Water Company, responded to the Civic Association report, stating that the report did not address itself to the the subject of reasonable rate of return on investment. He stated that reasonable rate of return is the basis on which the Company and the Council must base a rate decision on. He stated that the report does not define "grantee", it only addresses itself to the return to the shareholders, while the Ordinance addresses itself to the right of the grantee to a reasonable rate of return on the investment. He further stated that by charter the Company does not have to lose money, yet they have lost $24,000 over the past years. He stated that the report talks about moderate return for moderate risk and that there was no risk involved and he pointed out that to say there was no risk is ridiculuous. Mr. McGril distributed copies of an interim financial statement to the Council. The Council brielly reviewed the statement, asking questdanss of the Whter Company officials. Councilman Mertensotto noted that it appears that neither side will be agreeable to the monthly charges proposed by the other. He pointed out that the residents have requested a rate of $13.00 per month and the company requests $16.10 per month. He suggested that a rate of $14.50 per month would be a figure that both parties could live with. Councilmen Losleben and Wahl both agreed that the proposed $14.50 rate would allow the Company to maintain its stockholders' interests yet would provide some relief to the customers. Ayes: 5 Nays: 0 CRAY RESEARCH Ayes: 5 Nays: 0 LEXINGTON COURT TOWNHOMES Ayes: 5 Nays: 0 MENDOTA PLAZA SUBDIVISION Page 899 June 6, 1978 Councilman Mertensotto moved the adoption of Ordinance No. 150, "AN ORDINANCE AMENDING ORDINANCE NO. 201," establishing the monthly Mendota Water Company rate to $14.50 commencing June 1, 1978 through May 31, 1979 and continuing automatically thereafter until the Council determines that the rate should be changed. Councilman Losleben seconded the motion. Mr. Mark Merrill and Mr. Herb Ketcham of Architectural Alliance, and Mr. Jim Harris of Cray Research, were present to request approval of a building permit for Cray Research. In response to a question from the Council, Mr. Merrill stated that the building will be finished on all sides in white stucco. Mr. Merrill reviewed the site and landscape plans for the Council. Councilman Mertensotto moved approval of the building permit for Cray Research subject to review and approval of the plans and specifications by the Building Inspector, review and approval of the parking, traffic circulation and landscaping by the City Planner, and subject to receipt of all required fees. Councilman Losleben seconded the motion. Mr. Howard Bream was present to request approval of an extension of the City's water system to serve the Lexington Court Townhomes, located in Lilydale. City Administrator Johnson explained a proposed resolution which would amend an earlier resolution establishing conditions for water extensions for this type of construction outside the City's boundaries. He noted that the resolution as proposed takes into account the cost of servicing properties in Mendota Heights and the interest rate to be charged against such extensions. After some discussion, Mayor Lockwood moved approval of the extension of the municipal water system to serve the Lexington Court Townhomes, and the adoption of Resolution No. 78-60, "RESOLUTION AMENDING RESOLUTION NO. 73-94, AMENDING CHARGES FOR WATER CONNECTIONS OUTSIDE MUNICIPAL BOUNDARIES," as amended to include a provision for collection of an appropriate WAC charge. Councilman Wahl seconded the motion. Mr. Richard Sheehy was present to request approval of the subdivision of the Mendota Plaza property. Administrator Johnson stated that the platting will simply provide for the division of a single lot (Lot 1) from the parcel for the McDonald's building. He noted that the only matter pending is the collection of a park contribution and recommended that $1,000 be established as the appropriate contribution. Ayes: 5 Nays: 0 MENDOTA PLAZA DRAINAGE MC DONALD's Ayes: 5 Nays: 0 Page 900 June 6, 1978 Councilman Mertensotto moved the adoption of the following motion: RESOLVED, that the Mendota Plaza plat be approved as submitted and that the Mayor and City Clerk be authorized to execute said plat on behalf of the City, the approval being contingent upon receipt of a park contribution in the amount of $1,000. Councilman Wahl seconded the motion. The Council expressed to Mr. Sheehy serious concern over drainage in the Mendota Plaza parking lot. Mr. Sheehy agreed with the Council's concerns and stated that he will make a correction in the drainage in conjunction with seal coating of the entire parking lot, and will submit plans for correcting the drainage problem to City staff for approval. Mayor Lockwood moved that the conditions of the conditional use permit provisions of the Zoning Ordinance relating to the length of time during which a permit is valid be waived, thus allowing a conditional use permit extension through December 31, 1978. Councilman Schaberg seconded the motion. PLANNING COMMISSION The Council acknowledged receipt of the May 23, 1978 Planning Commission minutes. CASE NO. 77-8, SCHUSTER Mr. Joseph Schuster was present to request approval of the subdivision of Lot 17, Somerset Hills. Mr. Schuster stated that he proposes to subdivide the property into three lots of approximately 20,000 square feet each. There were several questions regarding location of the house (existing) on the lot, the existing driveway, and others. Mayor Lockwood stated that the Council is aware that residents of the area would like to retain the size of the lots as originally platted , and in general would like to see the shape of the subdivision retained. He also noted that the Council is aware that there was a covenant on the property restricting subdivision, but that the covenant has now expired. Mrs. Rolf Ljungkull, 784 Hilltop Court, and Mr. Ed Stringer, 795 Hilltop Court, expressed their opposition to the proposed subdivision. Mr. Stringer stated that in his opinion the subdivision would be detrimental to the area and that he can see no good reason for approval of the subdivision other than the owner's realization of a profit from sale of the new lots. After considerable discussion, the Council determined that no action should be taken at this meeting, pending receipt of a report from the City Attorney on legal ramifications of approval or denial of the subdivision application. Page 901 June 6, 1978 Councilman Mertensotto moved that discussion on the patter be continued to August 15th and that the City Attorney be directed to prepare a report on legal ramifications of approval or denial and proposing options the Council can consider in a matter of this kind. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 CASE NO. 78-7, The Council noted that Mr. Karim had requested that the matter KARIM be tabled to June 20th and took no action on the application. RECESS Mayor Lockwood called a recess at 9:23 o'clock P.M. The Council reconvened at 9: 33 P.M. BIRCH COMPANY Ayes: 5 Nays: 0 CASE NO. 78-8, MEIEROTTO Ayes: 5 Nays: 0 CASE NO. 78-9, JOHNSON Ayes: 5 Nays: 0 Mr. Brian Birch was present to request approval of an amendment to the Zoning Ordinance to allow heating and air conditioning sales and service as a conditional use in a B-2 District. Mayor Lockwood moved that the City Attorney be directed to prepare a proposed Ordinance amendment to allow the proposed use as a conditional use under the B-2 Zoning District. Councilman Wahl seconded the motion. Councilman Losleben moved approval of the subdivision of 1794 South Lexington, as proposed, contingent upon receipt of a $500 park contribution. Councilman Wahl seconded the motion. Mrs. Meierotto expressed a desire to donate to the City a 2-inch diameter black walnut tree for planting in Marie Park. The Council expressed its appreciation and acceptance of this donation. Mr. Lewis Johnson was present to request approval of a 6 foot sideyard setback variance at 536 Hiawatha Avenue. Councilman Wahl was concerned about allowing a variance of more than 10%, which would be a five foot variance. There was also some question on drainage at the back of the lot. Administrator Johnson stated that if a drainage easement is required in the area, the necessary easement would be required on a different lot, not Mr. Johnson's or his neighbors, as a drainage easement on either lot would serve little purpose. Mayor Lockwadd moved approval of the variance application, grantin a six foot sideyard setback variance on the east side of Lot 7, Block 3, Pierce Addition (536 Hiawatha Avenue). Councilman Losleben seconded the motion. CASE NO. 78-12, SOMERSET COUNTRY CLUB Page 902 June 6, 1978 Mr. Jerry Murphy was present to request approval of a Wetlands Permit to allow the reconstruction of a water control structure at the Ivy Falls Creek channel at the southwest quadrant of Emerson Avenue and Delaware Avenue. Mr. Murphy explained the engineering details. Councilman Mertensotto moved approval of the Wetlands Permit and waiver of any inappropriate Ordinance requirements. Mayor Lockwood seconded the motion. Ayes: 5 ) • Nays: 0 PARK COMMISSION The Council acknowledged receipt of the May 23, 1978 Park Commission minutes. COMMUNICATIONS STORM DAMAGE The Council acknowledged and discussed a letter from Paul W. Bollmeier, 1395 Dodd Road, regarding a sewer connection to his lot. No action was taken on the matter. The Council acknowledged receipt of a letter from Mr. Norman Lorentzsen regarding Ivy Falls creek flooding and erosion. The Council also acknowledged receipt of a letter from Ms. Tina Isaac regarding damage to 1230 Dodd Road and 1240 Dodd Road from flooding. Dr. Levitan and Dr. Lampert were present, and advised the Council that they again had suffered sanitary sewer back-ups at their residences over the Memorial Day weekend. Mr. Maury Rothstein, representing Dr. Levitan and Dr. Lampert, stated that during two previous storms the doctors' residences had suffered similar damage from sanitary sewer back-ups He stated that somehow storm water got into the sanitary sewer lines and that it is a problem that the City must deal with -- that the City must take steps to prevent similar occurrences in the future and admit to the damages in the past. Administrator Johnson gave a brief summary of staff investigations into possible infiltration, including televising of the sanitary lines. Mrs. Alex Leibel, 662 Laura Court, stated that she feels it is imperative that the City get something done in the creek area as soon as possible. Mayor Lockwood pointed out that the City Engineer is currently studying the problems related to the creek flooding, and stated that he hopes that the efforts being undertaken by the City on deciding what to do with an upgraded storm sewer system will be satisfactory with the people. He indicated that perhaps the study will show that the City must add emergency capacity at the crossing at the intersection of Laura Street and Laura Court. Councilman Mertensotto stated that the only permanent solution is a storm sewer system involving an area project and area assessment. Mayor Lockwood pointed out that the City has taken the following action in hopes of resolving some of the problems: the Somerset Country Club wetlands has been approved, staff is inspecting and televising the sanitary lines, and the City Engineer will expedite completion of his engineering report. COMMUNICATIONS MN/DOT Ayes: 5 Nays: 0 ALLEY VACATION PETITION Ayes: 5 Nays: 0 MAYFIELD HEIGHTS PONDING AREA Page 903 June 6, 1978 There was also some discussion relative to application for national flood insurance, however no action was taken since it was the general concensus that the program only applies to City's involved in major floodplains. The Council acknowledged receipt of a resolution from the Dakota County Baord of Commissioners in support of the Mendota Heights request that the Lexington/Wagon Wheel Trail grant allocation be transfered for construction of a pedway on Marie Avenue. The Council acknowledged receipt of an excerpt from the St. Paul Dispatch regarding street lights in the City of Eagan. The Council acknowledged receipt of a letter from the Department of-Transportation regarding a meeting of the Northern Dakota County Interstate Committee. Councilman Losleben reviewed the meeting held on May 16th, particularly with regard to the Blackhawk Lake route. Councilman Losleben recommended the adoption of a resolution supporting the City of Eagan's position in support of Alternate A-1. After some discussion, Councilman Losleben moved the adoption of Resolution No. 78-62, "RESOLUTION RELATIVE TO ALIGNMENT OF INTERSTATE HIGHWAY I-35E THROUGH DAKOTA COUNTY. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a petition from Mr. & Mrs. LeRoy NQack for the vacation of an alley in Block 6, T.T. Smith Subdivision No. 4, from Clement Street to Vandall Street. Councilman Wahl moved that the petition be accepted and that a public hearing on the proposed vacation be held on July llth. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from several residents in the Mayfield Heights area requesting that the Mayfield Heights area ponding area outlet be raised and that trees and shrubs be planted around the pond. The Council also acknowledged receipt of a memo from the City Engineer responding to the residents' letter. Public Works Inspector Pearson stated that the area has been seeded and that possibly some trees will need to be planted to replace some of the trees removed or destroyed during construction, and recommended that no action be taken on raising the pond level or additional landscaping at this time. Mayor Lockwood noted that the letter from the residents is apparently a reaction to a temporary situation and that if the Public Works Inspector feels more trees or plantings are needed, to do what he feels is necessary. COMMUNICATIONS MEETING DATE Ayes: 5 Nays: 0 COMMUNICATIONS Page 904 June 6, 1978 The Council acknowledged receipt of a letter from Senator Steve Keefe regarding the City's resolution regarding workmen's compensation. The Council acknowledged receipt of a letter from the Wagon Wheel Trail Association in appreciation for the Council's action allowing the Roger's Lake level to be raised. Mayor Lockwood moved that the next regular meeting, scheduled for July 4th, be rescheduled to July llth. Councilman Losleben seconded the motion. The Council received a memo from the City Administrator regarding the proposed County-wide dispatching network and accepted the Administrator's recommendation that no action be taken on the matter at the present time. AUDIT The Council acknowledged receipt of the 1977 Audit. PERSONNEL Ayes: 5 Nays: 0 The Council acknolwedged receipt of a memo from the City Adkinistrator recommending the adoption of a secretarial position in the general office. Councilman Schaberg moved approval of a new secretarial position at the budgeted salary of $750 per month. Mayor Lockwood seconded the motion. PETITION FOR Attorney Winthrop outlined the negotiated conditions for IMPROVEMENTS acquisition of property on which the City plans to construct the Public Works Garage and elevated water tank. The Council also acknowledged receipt of a petition for improvementsoto serve the Gold Medallion property adjacent to the Public Works Garage site. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Lockwood moved the adoption of Resolution No. 78-61, "RESOLUTION PROVIDING FOR THE ACQUISITION OF GOLD MEDALLION CORPORATION PROPERTY." Councilman Schaberg seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 78-63, "RESOLUTION ACCEPTING FEASIBILITY REPORT, ORDERING SANITARY AND STORM SEWER, WATER AND STREET, CURB AND GUTTER IMPROVEMENTS TO SERVE THE PUBLIC WORKS GARAGE SITE AND ADJACENT AREAS AND ORDERING PLANS AND SPECIFICATIONS THEREFOR." Councilman Wahl seconded the motion. SEAL COATING Ayes: 5 Nays: 0 Page 905 June 6, 1978 City Engineer Kishel reviewed the plans and specifications for the 1978 seal coating project and recommended that a bid date be established. After a brief discussion, Councilman Losleben moved that the seal coating plans and specifications be approved and that bids be accepted at 2:00 P.M. on July llth. Councilman Schaberg seconded the motion. HIGHWAY The Council acknowledged and discussed a memo from CONSTRUCTION Police Chief Thul regarding Mn/DOT construction plans for T.H. 110 at I-35E. The Council expressed concern over disruption of traffic on T.h. 110 over the construction period, and urged that Mn/DOT contract for construction on a 24-hour per day construction schedule. Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 78-64, "RESOLUTION APPROVING MN/DOT PLANS AND SPECIFICATIONS," directing staff to urge the MN/DOT to contract on a 24-hour per day construction basis. Councilman Mertensotto seconded the motion. On the recommendation of the City Administrator, Councilman Losleben moved that Taylor Vaillancourt be appointed to the C.E.T.A. Utility Aide position. Councilman Schaberg seconded the motion. PETITION FOR The Council acknowledged receipt of a petition from the IMPROVEMENTS Thomas Irvine Dodge Foundation for an extension of the municipal water system to serve Delaware Hills and for construction of a proposed frontage road. Mayor Lockwood moved the adoption of Resolution No. 78-65, "RESOLUTION ACCEPTING FEASIBILITY REPORT, ORDERING WATER AND STREET IMPROVEMENTS TO SERVE DELAWARE HILLS AND ORDERING PLANS AND SPECIFICATIONS THEREFOR," the construction to be completed as part of the Friendly Hills Rearrangement improvements project. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 AUCTION The Council acknowledged receipt of a memo from Police Chief Thul recommending that an auction be conducted for the sale of several unclaimed bicycles. Councilman Losleben moved approval of the recommendation. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Ayes: 4 Nays: 1 Losleben SURPLUS EQUIPMENT Ayes: 5 Nays: 0 Page 906 June 6, 1978 The Council acknowledged and discussed a memo from the City Administrator recommending that a person be employed through the C.E.T.A. program, as an Accountant Trainee, to train for the existing Treasurer's position. Mayor Lockwood moved that the City Administrator be authorized to employee an Accountant Trainee through the CETA program. Councilman Schaberg seconded the motion. Administrator Johnson advised the Council that Joanne Cobian has submitted her resignation as Accbianting Clerk, effective June 15th. The Council received and briefly discussed a memo from the Public Works Inspector regarding the sale of surplus public works equipment, including a 1968 3/4 ton pick-up truck, a 1972 3/4 ton pick up truck, and a 1974 Plymouth Satellite. Mayor Lockwood moved that staff be authorized to accepte sealed bids for the sale of surplus equipment as recommended. Councilman Losleben seconded the motion. EQUIPMENT PURCHASE The Council briefly discussed a memo from the Public Works Inspector regarding the purchase of a floor hoist from the Hale Company. Councilman Mertensotto moved to authoriza_the purchase of a Rotary Hoist from the Hale Company for the quoted price of $9,342.25. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 PUBLIC WORKS GARAGE The Council briefly reviewed proposed change orders to the Public Works Garage construction contracts. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Losleben moved approval of Change Order No. G-1 to the General Contractor's contract, relative to the use of on-site fill and revision of the slope on the shipsladder. Councilman Schaberg seconded the motion. Councilman Losleben moved approval of Change Order No. M-1 to the Mechanical contract, reducing the contract amount by $610.00 to reflect lower subbids. Councilman Mertensotto seconded the motion. Mayor Lockwood moved approval of Change Order No. E-1 to the Electrical contract, reducing the contract by $902.00 to reflect a revision in light fixtures. Councilman Wahl seconded the motion. FINANCIAL STATEMENT POSTING PLACES Ayes: 5 Nays: 0 INVESTMENTS Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Page 907 June 6, 1978 The Council acknowledged receipt of the monthly financial statement for April. On the recommendation of the City Clerk, Councilman Schaberg that the official City posting places be designated as follow: Somerset Elementary School, City Office bulletin board and Mendota Plaza Mall area. Councilman Losleben seconded the motion. Mayor Lockwood moved that the City Treasurer be authorized to make the following investments: $1,000,000 with Cherokee State Bank for 6 month saving certificates at an interest rate of 7.80%; $1,000,000 with Signal Hills State Bank for 1-year saving certificates at an interest rate of 8%; $964,156.11 in U.S. Treasury Bills at a discount rate of 7.09%; $925,582.22 in U.S. Treasury Bills at a discount rate of 7.80%. Councilman Wahl seconded the motion. 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, June 6, 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 t6 issue City checks in payment of said claims. Councilman Schaberg seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: H. Runge Construction Co. Adolfson & Peterson, Inc. Langer Construction Co. Steve Kroiss Construction Co. Minnesota Exteriors, Inc. Donald L. Parry Sheehy Construction Co. Tuminelly, Inc. Carr Properties, Inc. The Sussel Company, Inc. Specktor Construction Lawrence Signs, Inc. Realty One, Inc. Irmelee Construction, Inc. Trana & Craven Masonry General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Masonry License Ayes: 5 Nays: 0 MALT LIQUOR LICENSES Ayes: 5 Nays: 0 Page 908 June 6, 1978 Peter G. Schlagel Masonry W.V. Nelson Construction Charles Zwinger, Inc. Wm. Seidl Cement Contractor Robert G. Licha Master Masonry Stahnke Plastering, Inc. Suburban Heating & Air Conditioning Baars Plumbing & Heating Baars Plumbing & Heating C.O. Carlson Air Conditioning Co. Bruhn Excavating Eagan Excavating A. Kamish & Sons, Inc. Klamm Mechanical Contractors, Inc. A.C. Doyle Plumbing & Heating Wm. Murr Plumbing Edward T. Kolar & Co., Inc. Rascher Plumbing North Star Plumbing Wenzel Plumbing & Heating, Inc. Nasseff Plumbing & Heating Backdahl & Olson Plumbing & Htg. Dakota Plumbing& Heating Co. John M. Frantes Sons Plbg. & Htg. 0.B. Thompson L.J. Katz Corporation Leo's Plumbing Paycheck Plumbing Northland Mechanical Contractors Lyn/Dale Homes, Inc. Bjorklund Construction Co., Inc. The Morin Company Capp Homes North Star Services Daniel T. Bowler & Son Crescent Associates, Inc. Benson Brothers Excavating Darrel D. Olson Klamm Mechanical Contractors, Inc. Horwitz Mechanical, Inc. Harris Mechanical Contracting Co. Horwitz Mechanical, Inc. Masonry License Masonry License Masonry License Masonry License Masonry License Masonry License Masonry License Htg. & Air Cond. License Gas Heating License Plumbing License Htg. & Air Cond. License Excavating License Excavating License Excavating License Excavating License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Excavating License Masonry License Plumbing License Plumbing License Plumbing License Heating & Air Cond. Lic. Councilman Schaberg seconded the motion. Councilman Mertensotto moved that Off-Sale 3.2 Malt Beverage Licenses be granted to: Mendota Heights Country Boy, Snyder's Drug Stores, Inc. and Tom Thumb No. 563. Councilman Schaberg seconded the motion. June 6, 1978 Page 909 ADJOURN There being no further business to come before. the Council, Councilman Schaberg moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 1:49 o'clock A.M. Ya.4,70-04_ Robert G. Lockwood Mayor ATTEST: Kathleen M. Swanson City Clerk