1977-11-01 Council minutesPage 887
November 1, 1977
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 1, 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 Councilman Losleben moved approval of the minutes of the
MINUTES October 18 meeting.
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
FINAL PAYMENT
Ayes: 5
Nays: 0
PLANNING
COMMISSION
CASE NO. 77-24,
NORTHERN STATES
POWER COMPANY
After a brief discussion, Councilman Wahl moved the adoption
of Resolution No. 77-99, "RESOLUTION ACCEPTING WORK AND
APPROVING FINAL PAYMENT, IMPROVEMENT NO. 77, PROJECT NO. 2,"
authorizing the final payment of $19,115.11 to the McNamara-
Vivant Contracting Company for work completed on the
construction of street improvements on Emerson Avenue and a
portion of Coleshire Lane and Somerset Road.
Councilman Mertensotto seconded the motion.
The Council acknowledged receipt of the minutes of the
October 25 Planning Commission meeting.
Mayor Lockwood opened the meeting for the purpose of a hearing
on a conditional use permit application submitted by the
Northern States Power Company.
Mr. Nick Dries and several representatives of N.S.P. were
present to request approval of a conditional use permit to
rebuild an existing 69 KV Electric Transmission Line from the
Rogers Lake Substation to Blue Gentian Road. Mr. Dries
explained the application, stating that NSP proposed to rebuild
approximately 51/2 miles of existing line, approximately 11/2 miles c
which is located in Mendota Heights. The purpose of the
rebuilding is to provide for the upgrading of the capacity of
the line. It is proposed that 11 laminated wood structures
approximately 60 to 65 feet in height, replace the 8 existing
strucutres. NSP does not plan to acquire any additional
right-of-way through the residential area, however they plan to
acquire 25 additional feet of right-of-way width outside of
the residential area. It is also proposed that the structures
be constructed on the property lines to reduce their visual
impact. Mr. George Warner, of NSP, explained the routing and
structtre locations. He explained that NSP proposes to
increase the number of structures because they will be installins
a heavier conductor in the residential area and in order to
Page 888
November 1, 1977
reduce the amount of sway in the line, thereby eliminating the
necessity for additional right-of-way, the additional
structures must be installed. He further stated that NSP plans
to increase the capacity from 69KV to 115KV in the mid-1980's.
Mr. Warner pointed out, on a routing map, homes which have
either been constructed on or close to the existing right-
of-way, and noted that NSP is not desirous of acquiring any
additional right-of-way because of these encroachments.
Councilman Mertensotto expressed concern over the increase
in structures and their need for relocation. He suggested
that NSP should acquire any additional right-of-way necessary
in order to retain the current number and location of poles.
He also suggested that NSP install steel poles in place of the
existing structures, regardless of the difference in cost
between the steel poles and the proposed structures, if the
installation of steel poles would eliminate the necessity for
more than the existing number of strucutres.
There were several other questions and comments from the
Council members. The Council expressed their desire that
NSP meet with the affected property owners to explain their
plans on the line rebuilding.
There being no questions or comments from the audience,
Councilman Wahl moved that the hearing be closed.
Councilman Schaberg seconded the motion.
Ayes: 4
Nays: 1
Mertensotto
Mayor Lockwood asked the City Attorney whether or not an
Environmental Impact Statement would be required or necessary
prior to a final decision on the permit issuance. After a
brief discussion, the Council directed Attorney Winthrop to
research the matter to determine whether an impact statement
is mandatory or discretionary and to report to the Council
on November 15th.
Councilman Wahl moved that thematter be tabled to November 15
to await receipt of a legal opinion on the environmental
impact statement necessity.
Councilman Mertensotto seconded the motion.
Ayes: 5
Nays: 0
PETITION FOR The Council acknowledged receipt of a petition for public
IMPROVEMENTS improvements to serve the Crown Point Addition. The Council
briefly discussed the matter, and several members expressed
concern over authorizing preparation of a study prior to final
plat approval. It was the Council concensus that an escrow
should be required of developers as a condition of approval
of feasibility study preparation. The Council discussed the
advisability of instituting a policy whereby all developers of
new plats would be required to submit escrow deposits prior to
feasibility study preparation. As a result of the discussion,
Ayes: 5
Nays: 0
COMMUNICATIONS
FIRE RATING
COMMUNICATIONS
Page 889
November 1, 1977
the Council directed the City Administrator to prepare
suggested guidelines on when escrow deposits should be required
and when they should not.
Councilman Losleben moved the adoption of Resolution No 77-100,
"RESOLUTION ACCEPTING PETITION AND AUTHORIZING PREPARATION OF
REPORT ON IMPROVEMENTS," on the condition that an escrow
deposit, in an amount to be determined by staff, be
submitted by the developers prior to initiation of the report
preparation.
Councilman Wahl seconded the motion.
The Council acknowledged receipt of a storm damage claim
letter from Mr. & Mrs. M.S. Weiner, 1700 Lilac Lane,
and directed that the claim be submitted to the City's
insurance carrier for processing.
The Council acknowledged receipt of a letter from the Minnesota
Insurance Services Office, advising the Council that effective
September 1, 1977, the City's fire rating was reduced from
Class 7 to Class 6.
The Council acknowledged receipt of a letter from
Mr. David Bongiorno, President of "Mama Rosa, Inc.",
indicating that he would like to locate a Mama Rosa
Restaurant at 1944 Dodd Road and that he would like to be
on the November 15 Council agenda to request approval of
wine and beer (on-sale) licenses for the restaurant.
Mayor Lockwood questioned whether the City can issue licenses
such as those requested, without violating provisions of the
municipal liquor ordinance. Attorney Winthrop stated that
there are actually two questions involved: the liquor sale
question and whether the property is properly zoned to
accommodate such a facility.
Several members of the audience objected to:the possibility
of liquor license issuance and to the proposed use since the
location is so close to a residential area. The audience
members asked several questions, including the possibility
of rezoning the subject property ("down-zonIng"), whether or
not the business will include "take-out" service, and whether
a neighborhood petition against the proposal would result in
negative Council action.
After a brief discussion, the Council directed the City Attorney
to prepare an opinion on the liquor license question, the
report to be discussed at the November 15 meeting.
STADIUM SITE The Council acknowledged receipt of a notice of a hearing
on the proposed Eagan stadium site.
EQUIPMENT Financial Advisor Shaughnessy advised the Council that informal
CERTIFICATES bids have been solicited and received preparatory to sale of the
$100,000 equipment certificates. Mr. Shaughnessy stated that
Ayes: 5
Nays: 0
FINAL PAYMENTS
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
SOMERSET PARK
NO. 3
Ayes: 5
Nays: 0
Page 890
November 1, 1977
four bids were received, and that the lowest bid was
submitted by the Drovers State Bank of South St. Paul at an
interest rate of 4.46%. Mr. Shaughnessy reviewed the bids
received and recommended that the Drovers State Bank bid
be accepted.
After a brief discussion, Councilman Mertensotto moved the
adoption of Resolution No. 77-101, "RESOLUTION PROVIDING FOR
THE ISSUANCE AND SALE OF $100,000 GE NERAL OBLIGATION
EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1977 AND LEVYING A
TAX FOR THE PAYMENT THEREOF," awarding the bid to the Drovers
State Bank.
Councilman Wahl seconded the motion.
After a brief discussion, Councilman Wahl moved the adoption
of Resolution No. 77-102, "RESOLUTION ACCEPTING WORK AND
APPROVING FINAL PAYMENT, IMPROVEMENT NO. 77, PROJECT NO. 7,"
authorizing the final payment of $2,060 to the Robert W. Moore
Company for work completed on the installation of water
service connections to serve Lots 16, 17, 18 and a portion of
Lot 19, Caroline's Lakeview Addition (Pabst -Lovegren).
Councilman Losleben seconded the motion.
MayOr Lockwood moved the adoption of Resolution No. 77-103,
"RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT,
IMPROVEMENT NO. 77, PROJECT NO. 7A," authorizing the final
payment of $4,000 for work completed on the installation of
watermains to serve the Pabst-Lovegren properties.
Councilman Schaberg seconded the motion.
Engineer Kishel requested Council authorization to advertize
for bids for the construction of the Somerset Park No. 3
public improvements prior to the hearing scheduled for
November 15. Mr. Kishel stated that as part of the project the
contractor will be required to construct a drain line from
a holding pond on the Par 3 golf course and that it would be
beneficial to the City to have this portion of the project
completed prior to commencement of the golfing season next
year. In order to complete this construction this year,
the City would have to advertise for bids on December 2 and
award the bid on December 6.
After a brief discussion, Councilman Losleben moved the adoption
of Resolution No. 77-104, "RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SOMERSET
PARK NO. 3 IMPROVEMENTS (IMPROVEMENT NO. 77, PROJECT NO. 6)."
Councilman Wahl seconded the motion.
REGULATORY SIGNS.
Ayes: 5
Nays: 0
MISCELLANEOUS
Ayes: 5
Nays: 0
STORM DAMAGE
REPAIRS
Page 891
November 1, 1977
The Council acknowledged and briefly discussed a proposed
ordinance to amend the current ordinance establishing stop
and yield intersection ordinance to include additional
signs-on Medora Road and Emerson Avenue.
Councilman Losleben moved the adoption of Ordinance No. 150,
"AN ORDINANCE AMENDING ORDINANCE NO. 1113."
Councilman Schaberg seconded the motion.
Public Works Inspector Pearson stated that Richard Sheehy
has requested that the City release all or a portion of the
bond he submitted to insure completion of various site
improvements within the Mendota Plaza in connection with
the improvement of the McDonald's site. Mr. Pearson
stated that most of the improvements have been completed, and
recommended that Mr. Sheehy be allowed to reduce the bond
amount from $51,524.00 to $3,000.
After a brief discussion, Councilman Mertensotto moved that
a reduction in the bond amount from $51,524.00 to $5,000
be approved.
Councilman Losleben seconded the motion.
Public Works Inspector Pearson gave the Council a verbal
report on the progress of repairs of damages caused by the
August ,30 storm.
LIST OF CLAIMS Councilman Mertensotto 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, November 1, 1977, be and are hereby allowed and the
Mayor and Clerk-Treasurer of the City of Mendota Heights are
hereby authorzed and directed to issue City checks in payment
of said claims.
Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
MALT LIQUOR LICENSE Councilman Losleben moved that an off-sale 3.2 non-intoxicating
malt liquor license be granted to Mendota Heights Country Buy.
Councilman Schaberg seconded the motion,
Ayes: 5
Nays: 0
CIGARETTE LICENSE
Ayes: 5
Nays: 0
Mayor Lockwood moved that a cigarette license be granted to
Mendota Heights Country Boy.
Councilman Wahl seconded the motion.
C
LICENSES
Ayes: 5
Nays: 0
ADJOURN
Ayes: 5
Nays: 0
ATTEST:
•
Page 892
November 1, 1977
Councilman Wahl moved approval of the list of licenses,
granting licenses to:
F.G. Wagner Plumbing & Heating, Inc.
Envirocon, Inc.
Patio Village
Red Rock Heating & Sheet Metal, Inc.
Mayor Lockwood seconded the motion.
Plumbing License
General Contractor License
General Contractor License
Gas Heating License
There being no further business to come before the Council,
Councilman Mertensotto moved that the meeting be adjourned.
Councilman Losleben seconded the motion.
TIME OF ADJOURNMENT: 10:18 o'clock P.M.
Robert G. Lockwood
Mayor
11/;61i )
"(ath een M. Swanson
Deputy Clerk
/