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1977-12-20 Council minutesPage 914 December 20, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 20, 1977 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 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 Mayor Lockwood moved approval of the minutes of the MINUTES December 6th meeting as corrected. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 VALLEY VIEW OAKS ADDITION Councilman Wahl moved approval of the minutes of the December 13 meeting. Councilman Mertensotto seconded the motion. Mayor Lockwood noted that the discussion of the preliminary plat for the Valley View Oaks Addition had been continued from December 6th. The Council acknowledged receipt of reports from the City Engineer and City Attorney, relative to the proposed plat, including a proposed resolution approving the preliminary plat. Mr. Bruce Malkerson, representing the developers, explained his agreement with the draft resolution and aleo explained the originally proposed grading permit process. Several members of the Council expressed concern that the developers take special care to minimize surface water runoff into Mendota. Mr. Wayne Tauer of Suburban Engineering explained a diking proposal to control surface water runoff, and Mr. Malkerson stated that at the time of final plat approval he will bring to the Council letters from the neighboring communities regarding the surface water controls. He further stated that the developer will give the City a hold-harmless bond to protect the City against any associated claims. He further stated that the developer is willing to do whatever experts may feel is necessary to avoid any runoff problems. There was considerable discussion over the use of the term "findings of fact" in the proposed resolution. It was the determination of the Council that the resolution should be revised as _follows: delete the term findings of fact, replacing it with the following: the City makes the following determinations besed on reports and recommendations of its staff. Section II was revised to begin as follows:"based upon the above determinations, the City Council conceptually (but not finally)...." Ayes: 5 Nays: 0 EAGLE RIDGE EAST, PLAT 2 Ayes: 5 Nays: 0 ESCROW DEPOSITS Ayes: 5 Nays: 0 Page 915 December 20, 1977 After a lengthy discussion, NayorLockN4Ppd moved the.adoption of Resolution No, 77-116 "RESOLUTION APPROVING THE PRELIMINARY PLAT OF VALLEY VIEW -OAKS," as corrected, Councilman Mertensotto seconded the motion, Mr. Carmen Tuminelly was present to request approval of the preliminary plat for Eagle Ridge East Plat 2. There was considerable concern over the setback (5 foot) at the east property line. Administrator Johnson advised the Council that the I-35E right-of-way shown on the preliminary plat is not the actual right-of-way, and as a result, there is the possibil- ity of surface water runoff from the plat onto the Bream property. It was his recommendation that the proposed five foot setback be seriously addressed, particularly in light of the incorrect location of the right-of-way on the proposed plat. Mr. Tuminelly stated that he plans to have his engineers construct the utilities in accordance with plans and specifications designed by the City Engineer, and that he will submit the required escrow deposit for the engineering studies. He also stated that he will not change any building configurations on the plat. After a brief discussion, Councilman Mertensotto moved preliminary approval of the preliminary plat conditioned upon receipt of a $3,500 desposit for engineering studies, that no building permits be issued until the Council is in receipt of a drainage study for the plat and subject to review of the setback question on the east boundary line. Councilman Losleben seconded the motion. The Council discussed a memo from the City Administrator on escrow deposits for feasibility studies for petitioned public improvements. Councilman Mertensotto felt that a deposit should be required and that the escrow should be held until the improvement project is completed, at which time the escrow would be returned unless some problem arose to necessitate the City's retaining all or a portion of the amount. He suggested a minimum escrow deposit of $150 per lot, allowing the staff to require up to one and one-half times the Engineer's estimate for preparation of reports in unusual circumstances. After a brief discussion, Councilmen Mertensotto moved that the City Attorney be directed to draft a proposed ordinance establishing the requirement for an engineering escrow deposit. Councilman Wahl seconded the motion. Page 916 December 20, 1977 ARCHITECT Mayor Lockwood reviewed the results of the Public Works Garage SELECTION architests' interviews held on December 13th. The Council members discussed the various architect proposals, including some discussion on_a preference for masonry rather than steel construction. Several Council members felt that the firm of Trossen/Wright would be the most desireable since the firm seems best able to fill the City's needs within the specified construction budget. Councilman Schaberg skated that he is not in a good position to evaluate the candidates since he has not heard the various presentations, however he urged the Counci] to base their decision on environmental aspects rather than on type of construction. After a lengthy discussion, Mayor Lockwood moved that the firm of Trossen/Wright and Associate Architects be appointed as the Public Works Garage architects and the City Administrator be directed to contact the firm relative to preparation of a written agreement. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Absdlain: 1 Schaberg DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department monthly report for November, 1977 and the Police Department monthly report for November, 1977. PARK COMMISSION APPOINTMENT Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter from the Mendota Heights Lions Club recommending that Mr. Michael Williams be appointed to complete Kevin Howes unexpired Park Commission term. Councilman Mertensotto stated that he has contacted Mr. Williams and that Mr. Williams has indicated a willingness and desire to be a member of the Commission. After a brief discussion, Councilman Schaberg; moved that Mr. Michael Williams, 2357 Rogers Avenue, be appointed to the Park Commission, the appointment to commence immediately and to expire on January 31, 1979. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a letter from the Dakota County Tribune requesting: that the Tribune be designated as the official City newspaper for 1978. The Council acknowledged receipt of an Association of Metropolitan Municipalities Newsletter and legislative proposals. The Council also acknowledged receipt of a letter from the State Planning Agency regarding the City's application for pedway grant and a letter from the Schwinn Cycle Center regarding outdoor lighting at the Mendota Heights Cycle Center. MISCELLANEOUS Ayes: 5 Nays: 0 December 20, 1977 Page 917 The Council acknowledged receipt of an Association of Metropolitan Municipalities general membership meeting notice. The Council also discussed the appointment of a City representative to the A.M.M. After a brief discussion, Councilman Mertensotto moved that Councilman Schaberg be appointed as a voting delegate to the Association of Metropolitan Municipalities. Mayor Lockwood seconded the motion. FINANCIAL After a brief discussion, Councilman Mertensotto moved the RESOLUTIONS adoption of Resolution No. 77-117, "RESOLUTION ESTABLISHING INVESTMENT FUND." Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Mertensotto moved the adoption of Resolution No. 77-118, "RESOLUTION ELIMINATING 1965 STATE AID BOND FUND AND TRANSFERRING SAID FUND ASSETS," and Resolution No. 77-119, "RESOLUTION RENAMING 1975 STATE AID DEBT SERVICE FUND." Mayor Lockwood the motion. WATER AVAILABILITY The Council acknowledged receipt of a proposed Water CHARGE Availability Charge ordinance. Councilman Wahl felt that the reduction in,,the charge for townhouses and condominiums (80% of the charge fdr single family residences) should be deleted, that they should bear the same rate as single family residences. After a brief discussion, Councilman Wahl moved the adoption of Ordinance No. 151, "AN ORDINANCE ESTABLISHING A WATER AVAILABILITY CHARGE." Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 FACSIMILE Mayor-Lockwood moved the adoption of Resolution No. 77-120, SIGNATURE "RESOLUTION RESCINDING RESOLUTION NO. 481 AND AUTHORIZING FACSIMILE SIGNATURE ON CITY PAYROLL CHECKS." Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 DUTCH ELM DISEASE 1972 AUDIT Ayes: 5 Nays: 0 The Council acknowledged and discussed an analysis of costs incurred for the Tree Disease Control program during 1977. The Council members expressed their appreciation to John Neska for his work on the Dutbh Elm program. After a brief discussion, Councilman Schaberg moved the adoption of Resolution No. 77-121, "RESOLUTION AUTHORIZING AND DIRECTING ANNUAL CITY AUDIT," directing the firm of Wilkerson, Guthmann and Johnson to prepare the 1977 audit. Mayor Lockwood seconded the motion. Page 918 December 20, 1977 ASSESSMENT APPEAL City Attorney Winthrop advised the Council that the Reynolds Guyer appeal against Marie Avenue assessments (improvement Noi 73, Project No. 2) was heard by the Dakota County District Court and that the Court ruled in favor of Mr. Guyer. Attorney Winthrop explained the Court's findings and determination that the assessment was deemed to be of no validity. He recommended that the City not appeal the Court's decision, and abate the $6,800 assessment. He pointed out that if the property is divided in the future, and if the lots are situated so as to front on Marie Avenue, the City would then be justified in assessing the $6,800 plus interest at that time, handling the matter in a manner similar to deferred assessments. EQUIPMENT SPECIFICATIONS Ayes: 5 Nays: 0 INVESTMENTS Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 It was the concensus that the City Council accept the Court's decision and that there be no appeal. The Council acknowledged and discussed specifications for bids for a back-hoe leader, 3/4 ton pick-up truck and a 1-ton truck. ---- After a brief discussion, Councilman Losieben moved approval of the specifications and authorized staff to solicit and accept bids for the equipment. Councilman Schaberg seconded the motion. Councilman Wahl moved that the Clerk-Treasurer be authorized to invest $300,000 with the Signal Hills State Bank for 152 days at 6.75% interest. Mayor Lockwood seconded the motion. Councilman Losieben 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, December 20, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk-Treasurer of the City of Mendota Heights 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 licences, granting licenses to: Panelcraft of Minnesota Marvin H. Anderson Construction Company Francis Homes, Inc. General Contractor License General Contractor License General Contractor License Councilman Schaberg seconded the motion. u CIGARETTE LICENSES Ayes: 5 Nays: 0 Page 919 December 20, 1977 Mayor Lockwood moved approval of the Cigarette Licenses, granting licenses to: Country Club Market George' Golf Range Snyder's Drug Stores, Inc. Mendota Heights Par 3 Golf Councilman Losleben seconded the motion. RUBBISH HAULER Councilman Schaberg moved approval of the list of Rubbish LICENSES Hauler licenses, granting licenses to: Ayes: 5 Nays: 0 1978 SALARY ADJUSTMENTS Ayes: 4 Nays: 1 Losleben Beerman Services Marv's Disposal J.J. Remackel & Sons Triangle Services Troje's Trash Pickup, Inc. Action Disposal System, Inc. James Nitti & Sons Trucking A.A. Rubbish Service, Inc. Councilman Wahl seconded the motion. Councilman Schaberg moved the adoption of the following schedule of salaries for non-union employees for 1978: Public Works Supervisor $1,430/Mo. Engineering Aide II (CETA) 895/Mo. Park-Keeper Aide (CETA) 895/Mo Public Works Inspector 1,515/Mo. Planner Aide (CETA) 885/Mo. Police Sergeant 1,630/Mo. Detective/Fire Marshal 1,740/Mo. Police Chief 1,920/Mo. Police Clerk 650/Mo. Accounting Clerk 900/Mo. Receptionist/Clerk-Typist 625/Mo. Secretary 750/Mo. City Clerk 1,170/Mo. Treasurer/Deputy Clerk 840/Mo. Administrator 2,370/Mo. Fire Chief 200/Mo. Assistant Fire Chief 110/Mo. Mayor Lockwood seconded the motion. Page 920 December 20, 1977 RESOLUTION Councilman Mertensotto moved the adoption of Resolution EXPRESSING No. 77-122, "RESOLUTION EXPRESSING CITY COUNCIL APPRECIATION," APPRECIATION expressing the Council's appreciation to the City's staff, consultants and Commission members for their work throughout the year and extending the Council's best wishes for a happy holiday season and new year. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 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: 12:23 o'clock A.M. thleen th M. Swanson Deputy Clerk ATTEST: iet-i-eid—.2Jt et4iu-v-01, Robert G. Lockwood Mayor