1977-11-15 Council minutesPage 893
November 15, 1977
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held November 15, 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
Ayes: 5
Nays: 0
FEASIBILITY HEARING,
SOMERSET PARK NO. 3
PROPOSED
IMPROVEMENTS
Ayes: 5
Nays: 0
CASE NO. 77-24,
NORTHERN STATES
POWER COMPANY
Councilman Wahl moved approval of the minutes of the
November 1, 1977 meeting.
Councilman Schaberg seconded the motion.
Mayor Lockwood opened the meeting for the purpose of a public
hearing on proposed improvements to serve Somerset Park No. 3
and adjacent areas. Mayor Lockwood outlined the history of
the proposed project and explained the proposed improvements
and estimated costs as follow: sanitary sewer, $19.00 per
assessible foot; watermains , $12.00 per assessible foot;
storm sewer, $0.055 per square foot; street, curb and
gutter, $20.00 per assessible foot. He noted that the
developer of the plat, Mr. Harvey Bream, has requested that all
of the lots within the development be assessed equally, and
that the estimated assessment would be approximately $7,000
per lot.
There being no questions or comments from the audience,
Councilman Mertensotto moved that the hearing be closed.
Councilman Wahl seconded the motion.
The hearing was closed at 7:50 o'clock P.M.
The Council acknowledged receipt of a petition from property
owners affected by the proposed transmission line rebuilding,
requesting that an Environmental Impact Statement be prepared
prior to Council action on the permit application.
Mayor Lockwood read the petition for the audience. The Council
also accepted an attorney's opinion, prepared by City Attorney
Sherman Winthrop, in response to the Council's request for
information on the necessity for an E.I.S. Mr. Winthrop
summarized the opinion, stating that under State Statutes, the
environmental review process must begin with an environmental
assessment worksheet and ends with an E.I.S. It was his
opinion that according to regulations on E.I.S. preparation
for transmission lines, preparation of a worksheet in this
particular case is neither required nor exempt. He stated that
Ayes: 5
Nays: 0
WINE AND BEER
LICENSE
COMMUNICATIONS
Page 894
November 15, 1977
the Council must determine whether a worksheet is required, but
that a worksheet should only be prepared if it is determined
probable that the proposed action would cause significant
environmental effects.
Representatives from Northern States Power responded to
several questions and comments from the Council and audience.
A member of the audience stated that several of the affected
property owners did not receive hearing notices. Attorney
Winthrop pointed out that notices were mailed to property
owners in accordance with a list provided by NSP and in
aacordance with City Ordinances.
After a lengthy discussion, it was the Council concensus that
a neighborhood committee should be appointed to establish a
meeting between NSP representatives and all affected property
owners so that the residents can get answers to any questions
they may have.
Councilman Losleben moved that discussion on the matter be
continued to December 6th.
Councilman Wahl seconded the motion.
Mayor Lockwood asked Mr. Robert Lockard and Mr. Ralph Thaemlitz
to head the ad hoc neighborhood committee.
The Council acknowledged receipt of an attorney's opinion on
issuance of on-sale wine and beer licenses, prepared by Attorney
Winthrop in response to Council direction on November 1st.
Mr. Winthrop summarized his letter, stating that the prime
issue is whether the City has the authority to issue on-sale
wine licenses as well as on-sale beer licenses. He stated
that it is his opinion that the City has this authority if
the restaurant to which the license is issued serves more than
25 people. Issuance of beer licenses is strictly a local
matter, however, issuance of a wine license would require
approval of the State Liquor Commissioner. He stated that
the affect that wine license issuance would have on future
municipal liquor is not clear in-the statutes and recommended
that the Council request an Attorney General's opinion on
the matter. He noted that the Council must decide whether or
not it endorses municipal liquor.
After a lengthy discussion, the Council directed the City
Administrator to compile information on municipal liquor
statistics for the past three years and to prepare a report
for Council discussion in January.
The Council acknowledged receipt of a letter from
Mr. Jahn Showalter, 1850 Eagle Ridge Drive, #105, stating that
he feels the Dodd Road/Marie Avenue intersection is dangerous
and requesting the Council to designate this intersection as a
four-way stop intersection.
Ayes: 5
Nays: 0
MISCELLANEOUS
Ayes: 5
Nays: 0
BURN SITE
Ayes: 5
Nays: 0
Page 895
November 15, 1977
The Council directed the City Administrator to request the
Department of Transportation to perform a traffic survey on
the subject intersection.
The Council acknowledged receipt of a letter from the
Department of Revenues denying the City's request for approval
of a special levy for emergency funding for repair of damages
caused by the August 30th storm.
After a brief discussion, Councilman Mertensotto moved that the
City Administrator be directed to write to Senator Knutson and
Representative Kempe, advising them of the City's concern
relative to emergency financing.
Councilman Wahl seconded the motion.
The Council acknowledged receipt of an Association of
Metropolitan Municipalities Bulletin and proposed resolut1on
objecting to Waste Control Commission consideration of
wastewater restrictions and limitations at the Pig's Eye Plant.
After a brief discussion, Councilman Wahl moved the adoption of
Resolution No. 77-105, "RESOLUTION OBJECTING TO CONSIDERATION
OF WASTEWATER RESTRICTIONS AND LIMITATIONS TO THE METROPOLITAN
WASTEWATER TREATMENT PLAIT AT PIG'S EYE LAKE IN THE MATTER OF
NPDES AND STATE PERMIT HEARING DOCKET NO. PCA-78-006-EG.'!
Mayor Lockwood seconded the motion.
The Council acknowledged receipt of a letter from the Metropolitai
Waste Control Commission regarding the possibility of the
Environmental Protection Agency's future sewer and building ban.
The Council acknowledged receipt of a letter from Mayor Leibel
of Mendota requesting permission for Mendota to use the
City's burn site. Public Works Supervisor Harvey Franzmeier
advised the Council on the expense involved in operating the
burn site, including the cost of policing the site and renting
the necessary equipment. After a brief discussion, the Council
directed Administrator and Public Works Supervisor to prepare
a report on the potential impact of Mendota's use of the site
and information on cost sharing and other possible effects of
the use of the site by the City of Mendota.
Mayor Lockwood moved that the City Administrator be directed
to notify the City of Mendota that Mendota May use the burn
site and that Mendota-Height6 will prepare a mutually satisfactor'
cost-participation formula.
Councilman Losleben seconded the motion.
fl
Page 896
November 15, 1977
DEPARTMENT REPORTS The Council ,acknowledged receipt of the Police Department
and Fire Department monthly reports for October.
SKI TRAIL GRANT
APPLICATION
Ayes: 5
Nays: 0
MISCELLANEOUS
Ayes: 5
Nays: 0
PARK-A-RAMA
PETITION FOR
STREET VACATION
WATER SURCHARGE
Ayes: 5
Nays: 0
The Council acknowledged receipt of a memo and proposed
resolution regarding an application for grant for the
construction of three wooden bridges on the Mendota Heights
Ski Trail North (Valley Park).
After a brief discussion, Councilman Losleben moved the
adoption of Resolution No. 77-106, "RESOLUTION APPROVING CITY
PARTICIPATION IN MINNESOTA SKI TOURING ASSISTANCE PROGRAM,"
and authorized the appropriate City officials to execute
the application and associated agreement.
Councilman Schaberg seconded the motion.
The Council acknowledged receipt of a copy of a letter from
the Park and Recreation Commission to the Jaycees in
appreciation for the Jaycees construction of playground
equipment.
After a brief discussion, Councilman Wahl moved that the
City Council concur in the Park and Recreation Commission
expression of appreciation and directed the City Administrator
to write to the Jaycees, expressing the Council's appreciation.
Mayor Lockwood seconded the motion.
The Council directed the City Administrator to write to the
1977 Park-A-Rama chairman, requesting a copy of the 1977
financial statement.
The Council acknowledged receipt of a petition for the vacation
of a portion of Emerson Avenue, between Dodd Road and
Sylvandale Road and Clement Avenue. The matter was referred to
staff for report and recommendation.
Administrator Johnson advised the Council that the St. Paul
Water Department has submitted a contract for providing the
water surcharge billing service and that the City Attorney has
studied and approves of the contract.
After a brief discussion, Mayor Lockwood moved the adoption of
Resolution No. 77-107, "RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT."
Councilman Mertensotto seconded the motion.
Page 897
November 15, 1977
ELEVATED WATER TANK The Council acknowledged receipt of an addendum to the
feasibility study for the proposed elevated water tank and
additional financial information. The Council discussed the
feasibility study at length, including the possibility of
constructing a 2 MG tank, and also viewed several pictures of
various styles of water tanks. Engineer Kishel recommended that
the Council consider the installation of trunk line extensions
on Wentworth Avenue from Dodd Road to Delaware Avenue and
on Mendota Heights Road and Dodd Road to Lake Drive.
After a lengthy discussion, Mayor Lockwood moved the following:
a). adoption of Resolution No. 77-108, "RESOLUTION ACCEPTING
ENGINEER'S REPORT ON ELEVATED WATER TANK;" b.) approval of
the concept of a 1.5MG minimum capacity tank and concurrent
installation of related trunk lines; and c) that staff be
directed to prepare the information necessary for public hearing.
Councilman Mertensotto seconded the motion.
Ayes: 5
Nays: 0
PUBLIC WORKS
GARAGE
The Council reviewed and discussed the feasibility study for
the proposed Public Works Garage. Administrator Johnson
outlined the proposed financing schedule for the facility,
the estimated gross cost to be $350,000. He advised the
Council that since there will be no assessments for the
project, there is no requirement for a public hearing. He
suggest that the Council solicit information from four to
five local architects and Bettenburg, Townsend, Stolte & Comb
inviting to submit proposals for the facility.
After a brief discussion, Councilman Wahl moved that the
Public Works Garage construction appears feasible and directed
the City Administrator to solicit proposals from four firms
and establish a selection process for an architectural firm
for Public Works Garage construction.
Councilman Mertensotto seconded the motion.
Ayes: 5
Nays: 0
FIRE SERVICE Administrator Johnson explained the proposed fire service
CONTRACT contract amendments to the contracts between Lilydale, Mendota
AMENDMENTS and Sunfish Lake and the City, and outlined the proposed
cost formula.
After a brief discussion, Councilman Schaberg moved approval
of the fire service contract amendments, authorizing the
Mayor and Deputy Ca(mdc to execute the contracts.
Councilman Losleben seconded_the motion.
Ayes: 5
Nays: 0
MISCELLANEOUS The Council acknowledged receipt of an excerpt from "Paradigm"
magazine regarding citizen participation in the planning process
The Council acknowledged receipt of a copy of a letter from
Donald Huber to Ron DeTomaso regarding freeway planning, in
particular, construction of I-35E.
ESCROW DEPOSITS
Page 898
November 15, 1977
The Council acknowledged receipt of a memo from the City
Administrator regarding escrow deposits for petitioned
feasibility studies. After a brief outline by the City
Administrator, the discussion on the memo was tabled to
December 6th.
ENGINEERING REPORT The Council acknowledged receipt of the Engineering
Status Report for October, 1977.
CHANGE ORDER
Ayes: 5
Nays: 0
T.H. 110
FRONTAGE ROAD
Ayes: 5
Nays: 0
After a brief discussion and explanation by the City Engineer,
Councilman Mertensotto moved approval of Change Order No. 1,
for Improvement No. 75, Project No. 3, Stage III (Ivy Falls
West - Second Addition) in the amount of $4,068.25.
Mayor Lockwood seconded the motion.
After a brief discussion and explanation by the Public Works
Inspector, Councilman Losleben moved the adoption of
Resolution No. 77-109, "RESOLUTION APPROVING PRELIMINARY
PLANS, T.H. 110 FRONTAGE ROAD."
Councilman Wahl seconded the motion.
LIST OF CLAIMS Councilman Losleben moved the adoptionof 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,
November 15, 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.
Mayor Lockwood seconded the motion.
Ayes: 5
Nays: 0
LICENSES Mayor Lockwood moved approval of the list of licenses,
granting a license to:
Walter's Construction Company General Contractor License
Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
PERSONNEL
Administrator Johnson outlined several proposed changes in
the City's staff, all of which were addressed in the proposed
1978 budget. He reminded the Council that Clerk-Treasurer
Radabaugh has request half-time employment status beginning
on January 1st, and that the request was approved by the
Council. He recommended that the position of City Clerk be
established, effective January 1st, that Mr. Radabaugh become
the Treasurer/Deputy Clerk, and that Kathleen Swanson be
appointed City Clerk. He also recommended that a full-time
n
Page 899
November 15, 1977
Building Inspector position be created in the near future and
that one additional maintenance man be employed in the Public
Works Department. Mr. Johnson also noted that it will
probably be necessary to employ a new secretary in about six
months to perform secretarial duties for the Building
Inspector and other secretarial duties.
After a lengthy discussion of the proposed employment
changes, and associated personnel considerations, it was the
concensus of the Council that the Administrator's recommendation
on the City Clerk and part-time Treasurer/Deputy Clerk
positions be approved. The Council also directed
Administrator Johnson to begin the process for selection of
a full-time Building Inspector.
ADJOURN There being no further business to come before the Council,
Councilman Losleben moved that the meeting be adjourned.
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
ATTEST:
TIME OF ADJOURNMENT: 12:35 o'clock A.M.
ot-Lutrove
Robert G. Lockwood
Mayor
Kathleen M. Swanson
Deputy Clerk