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1977-12-06 Council minutesPage 900 December 6, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 6, 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 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 Councilman Mertensotto moved approval of the minutes of the November 15th meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 BID AWARD, SI2JMERSET PARK NO. 3 IMPROVEMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 77-24, N.S.P. CONDITIONAL USE PERMIT The Council acknowledged receipt of a tabulation of bids received for Somerset Park No. 3 public improvements. City Engineer Kishel recommended that the bid be awarded to the Peter Lametti Construction Company for their low bid 06 $189,745.50. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 77-110, "RESOLUTION ORDERING CONSTRUCTION OF IMPROVEMENTS TO SERVE SOMERSET PARK NO. 3 AND ADJACENT AREAS (IMPROVEMENT NO. 77, PROJECT NO. 6)." Councilman Losleben seconded the motion. Councilman Losleben moved the adoption of Resolution No. 77-111, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS TO SERVE SOMERSET PARK NO. 3 AND ADJACENT AREAS (IMPROVEMENT NO. 77, PROJECT NO. 6)," awarding the bid to the Peter Lametti Construction Company. Councilman Mertensotto seconded the motion. Mayor Lockwood summarized previous Council discussions on NSP's application for conditional use permit. Mayor Lockwood noted that the area residents and NSP representatives had met on November 30th to discuss the application and resolve several problems. He asked Mr. Robert Lockard and Mr. Ralph Thammlitz, co-chairmen of the citizens' group, to report on the outcome of the meeting. Mr. Lockard stated that questions which were of concern to the residents were answered by the NSP representatives He pointed out that although the residents would prefer steel towers, if these are unrealistic, they asked that the height of the proposed wooden structures be increased. Mr. Thaemlitz stated that he feels the right-of-way is unusually narrow and that the line height is too low. Page 901 December 6, 1977 A representative of N.S.P. stated that the line height proposed is approximately eight to nine feet above the national standards and five feet above the existing elevation. He pointed out that NSP would be willing to raise the line height if the residents would feel more at ease. Mr. Nick Dreis, of NSP, stated that the present conductor to ground height is 28 feet and the proposed new height is approximately 34 feet. The was considerable discussion over the most desireable distance between the conductor and the ground. It was the general-concensus that a height of 39 feet frmm the low point in the line to the ground would be acceptable. After considerable discussion, Councilman Losleben moved the adoption of Resolution No. 77-113, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," with the condition that the low point from the line to the ground be 39 feet. Councilman Wahl seconded the motion. Ayes: 4 Nays: 1 Mertensotto VALLEY VIEW OAKS Mr. Lawrence Culligan was present to discuss the preliminary ADDITION plat revision for the proposed Valley View Oaks Addition. The Council acknowledged receipt of a report prepared for the applicant by Suburban Engineering, as well as a report from City Planner Howard Dahlgren. FINAL PLAT, EAGLE RIDGE EAST PLAT I Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 After a brief discussion, the Council directed the City Attorney to prepare written comments on the platting proposal and the associated legal documents prepared by the developer. The Council also directed the City Engineer to study the platting information and prepare a report for Council consideration on December 20. The matter was tabled to the December 20th meeting. Mr. Carmen Tuminelly was present to request approval of the final plat for Eagle Ridge East Plat 1. There was a brief discussion and review of the plat, including discussion relative to the refunding of the unused portion of the utility escrow deposit for the plat. Public Works Inspector Pearson recommended that the refund be granted, noting that the refund is included in the List of Claims. The Council also discussed the conveyance of the vacated portion of Marie Avenue right-of-way adjacent to the plat to Mr. Tuminelly. Councilman Mertensotto moved that the appropriate City officials be authorized to execute a Quit Claim Deed conveying the vacated Marie Avenue right-of-way adjacent to the plat to Mr. Tuminelly. Councilman Wahl seconded the motion. Mayor Lockwood moved that the final plat for Eagle Ridge East Plat I be approved and that the Mayor and City Clerk be authorized to execute said final plat. Councilman Losleben seconded the motion. BACHELOR AVENUE RIGHT-OF-WAY Ayes: 5 Nays: 0 COMMUNICATIONS Page 902 December 6, 1977 Mayor Lockwood stated that the City Attorney has advised that Mr. Harvey Bream and Mr. Jon Langenbrunner, in joint negotiations, have reached an apparent settlement on acquisition of 30 feet of right-of-way along the north side of Bachelor Avenue. Mr. Bream outlined the terms of the agreement, stating that Mr. Langenbrunner has agreed to the sale of the right-of-way for $25,000; Mr. Bream stating that he agrees to $20,000 of the acquisition cost being charged against the Somerset Park No. 3 plat. After sale of the right-of-way, Mr. Langenbrunner will retain ownership of the lot. After a brief discussion, Councilman Mertensotto moved that the City Attorney be authorized to accept the proposed settlement of $25,000, $20,000 to be attributable to the Somerset Park No. 3 plat. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Mr. John Larson on behalf of the Friendly Hills Civic Association. Mr. Larson expressed opposition to the levying of a connection charge for Mendota Water Company customers. The Council directed that staff write to Mr. Larson to explain the water surcharge and proposed water availability charge and their application to Mendota Water Company customers. PARK-A-RAMA The Council acknowledged receipt of the 1977 Park-A-Rama financial statement. DEPARTMENT The Council acknowledged receipt of the Fire Department monthly REPORTS I-ovember and the final report on 1977 Dutch Elm Disease nrogram activities. FIRE EQUIPMENT u The Council acknowledged receipt of proposed notices to bidders and specifications for a fire truck chassis, fire truck and related fire equipment. Fire Marshal Gene Lange gave a brief graphic and verbal report on the City's fire rating and the effect of a new 1250 GPM pumper may have on the rating. Fire Chief Siebell and Fire Marshal Lange and other members of the Fire Department explained the need for the proposed equipment and, in addition, their desire to remodel the 1961 Ford fire truck, rebuilding it into a Quick Response Vehicle. Ayes: 5 Nays: 0 DUTCH ELM PROGRAM Page 903 December 6, 1977 After considerable discussion, Councilman Mertensotto moved to approve the concept and specifications for the purchase of a 1250 GPM diesel pumper, directing staff to establish a date for bid letting. Councilman Losleben seconded the motion. The Council directed the City Administrator to prepare a report on the effect of the Dutch Elm program costs on the 1977 budget. COMMISSION REPORTS The Council acknowledged receipt of the Park Commission minutes for October 27, 1977. PLANNING COMMISSION CASE NO. 77-34, PARK SCHWINN Ayes: 5 Nays: 0 CASE NO. 77-35, O'ROURKE Ayes: 5 Nays: 0 CASE NO. 77-37, OSTRAND The Council acknowledged receipt of a copy of a letter from Park Commission Chairperson Liz Witt to various organizations advising the organizations of an upcoming Commission vacancy and requesting names of suggested candidates for appointment. The Council acknowledged receipt of the minutes of the November 22nd Planning Commission meetigg. Administrator Johnson explained the application for sign location variance for the Park Schwinn Cycle Center. He noted that the applicant proposed to install the sign on the same setback as the Carriage House sign. Councilman Wahl expressed concern about whether the sign would be lighted and if so, what the hours of lighting would be. The Council directed the City Administrator to check with the owner, Art Engstrom, to determine the proposed intensity and hours of lighting. Mayor Lockwood moved approval of the variance for sign location, allowing the installation of an 8 by 12 sign on the front property line of the Park Schwinn. Cycle Center as shown on the drawing included in the City Planner's report. Councilman Losleben seconded the motion. After a brief discussion, Councilman Mertensotto moved approval of a variance from Ordinance No. 401, Section 4.4(1) to allow the combination of three 60 foot lots (Lots 2, 3 and 4, Block 3, Furlong's Addition) and the subsequent division of the 180 feet into two 90 foot lots. Councilman Losleben seconded the motion. Mr. George Ostrand was present to request approval of his application to construct residences on two undersized lots, Lots 13 and 14, Block 3, J.H. Morrison's Addition. It was noted by the Council that both lots are included in the County's tax forfeit property lists, and Mr. Ostrand stated that he plans to redeem the property himself. Page 904 December 6; 1977 After a lengthy discussion, Councilman Wahl moved approval of the lot size variances, conditioned upon submission of a $25.00 variance application fee for each lot and payment of any past assessments prior to building permit issuance. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 COMPREHENSIVE The Council acknowledged receipt of a draft Comprehensive PLAN Plan questionnaire, noting that the matter would again be discussed on January 3, 1978. DAKOTA COUNTY Mr. Doug Soule of the Dakota County H.R.A. was present to HRA explain the HRA's scattered site housing program. Mr. Soule outlined the program and the associated agreement between the City and the HRA. The Council noted that the members are in sympathy with HRA's aims, that the members will take the time to digest the information and will consider the matter after the comprehensive plan survey is completed. COMMISSION Mayor Lockwood read a letter from Robert Clemens in RESIGNATION resignation from the Planning Commission. Mayor Lockwood noted that Mr. Kevin Howe has indicated his desire to terve on the Commission and recommended that he be appointed to replace Mr. Clemens. After a brief discussion, Councilman Losleben moved that Mr. Kevin Howe be appointed to serve on the Planning Commission to complete Robert Clemens' unexpired term, the appointment to commence immediately. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Councilman Wahl moved that a letter of appreciation be sent to Mr. Clemens, -for his several years of service on the Commission. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 WATER RATE The Council acknowledged receipt of a letter from the St. Paul INCREASE Water Department, advising the Cit y of a January 1, 1978 increase in water rates. WAC ORDINANCE Discussion on the proposed Water Availability Charge ordinance was tabled to December 20th. TAX FORFEIT The Council acknowledged and discussed a request from the PROPERTY Dakota County Additor's office for Council concurrence in the non-conservation classification of several parcels of tax forfeit property. Administrator Johnson recommended that the County be requested to retain Parcel No. 27-37750-190-14 (Lots l--i9- Hill Falls Addition) and Parcel No. 27-40100- 010-00 (Pt. of S698.8 ft of Lot 1, Josephs Rearrangement) in the conservation classification. Councilman Wahl moved the adoption of Resolution No. 77-112, "RESOLUTION REQUESTING TRANSFER OF TAX FORFEIT PROPERTY," Ayes: 5 Nays: 0 WATER SURCHARGE Ayes: 5 Nays: 0 MISCELLANEOUS Page 905 December 6, 1977 that the appropriate City officials execute the forms necessary for the transfer of Parcel No. 27-37750-190-14 and Parcel No. 27-40100-010-00 to City ownership; and that the non-conservation classification be approved for the following properties: Parcels No. 27-28700-150-00; 27-38600-070-03; 27-49200-130-03; 27-49200-140-03; 27-64500-181-00; 27-64500- 183-00. Councilman Mertensotto seconded the motion. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 77-114, " RESOLUTION ESTABLISHING WATER SURCHARGE FOR MENDOTA WATER COMPANY CUSTOMERS," as amended, establishing a $3.40 per quarter surcharge on all 1977 billings. Mayor Lockwood seconded the motion. Administrator Johnson advised the Council that the City has received a summons from District Court in connection with the Alex Leibel storm damage claim. SALARY After a bridf discussion, the matter of 1978 salary ADJUSTMENTS adjustments for non-union employees was tabled to December 20th. FEASIBILITY STUDY, The Council acknowledged and briefly discussed the feasibility SOUTH RIDGE report on proposed improvements to serve the South Ridge ADDITION Addition. Ayes: 5 Nays: 0 WATER TANK Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 77-115, "RESOLUTION ACCEPTING REPORT AND CALLING FOR HEARING ON PROPOSED IMPROVEMENTS TO SERVE THE SOUTH RIDGE ADDITION AND ADJACENT AREAS," the hearing to be held on January 3rd. Councilman Schaberg seconded the motion. The Council acknowledged receipt of a supplemental feasibility report on proposed construction of distribution lines related to the Municipal Water Storage and water system improvements. After a brief discussion, Mayor Lockwood moved the adoptiorof Resolution No. 77-116, "RESOLUTION ACCEPTING REPORT AND CALLING FOR HEARING ON PROPOSED MUNICIPAL WATER SYSTEM IMPROVEMENTS," the hearing on the proposed construction of a municipal water tank, distribution lines and cross- connection on Wentworth Avenue to be held on January 17th. Councilman Mertensotto seconded the motion. PERSONNEL Ayes: 5 Nays: 0 MWCC AGREEMENTS Ayes: 5 Nays: 0 Ayes: 3 Nays: 2 Mertensotto Wahl INVESTMENTS Ayes: 5 Nays: 0 Page 906 December 6, 1977 Public Works Inspector Pearson advised the Council that Jeff Ruehle has been employed as a Planner Aide, through the C.E.T.A. program, for six months, that he has done a good job, and recommended that Jeff's salary be reviewed and increased. After a brief discussion, Councilman Wahl moved that the Council concur with the recommendation, approving a salary increase for Jeff Ruehle to $824 per month, retroactive to October 18th. Mayor Lockwood seconded the motion. On the recommendation of the Public Works Inspector, Mayor Lockwood moved that the Metropolitan Waste Control Commission Interceptor Maintenance Agreement No. 130 be renewed for 1978 and that the Mayor and Clerk be authorized to execute said agreement. Councilman Scharberg seconded the motion. Public Works Inspector Pearson recommended that the Council approve the renewal of the MWCC Joint Use Rental Agreement No. 155. He stated that the $200 annual rate was established in 1975 and recommended that the Council request an increase to $240 for 1979 in order to meet inflation and rising costs. Councilmen Mertensotto,land Wahl felt that the increase should be requested for 1978 and that the agreement should be approved only on that basis. After a short discussion, Councilman Losleben moved that Joint Use Rental Agreement No. 155 be approved at the rate of $200 for 1978, that staff be directed to request a 1979 rate of $240 per year, and that the Mayor and Clerk be authorized to execute the renewal agreement. Councilman Schaberg seconded the motion. Councilman Wahl moved that the Clerk-Treasurer be authorized to invest $100,000 (equipment certificates) with the Cherokee State Bank for six months at 61/2% interest. Mayor Lockwood seconded the motion. LIST OF CLAIMS 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, December 6, 1977, having been audited by the City Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 907 December 6, 1977 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 Schaberg seconded the motion. Mayor Lockwood moved approval of the list of licenses, with the exception of Francis Homes, granting licenses to: McNulty Construction North St. Paul Plumbing Jeanetta's Excavating Polar Plumbing & Heating Maecon Construction Pools, Inc. Merle's Construction General Contractor License Plumbing License Excavating License Plumbing License General Contractor License General Contractor License General Contractor License Councilman Wahl seconded the motion. There being no further business to come before the Council, Councilman Wahl moved that the meeting be adjourned to 6:45 o'clock P.M., Tuesday, December 13th. Councilman Schaberg seconded the motion. TIME OF ADJOURNMENT: 12:05 o'clock A.M. A-keAlt--A Robert G. Lockwood Mayor leen M. Swanson Deputy Clerk