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1977-10-18 Council minutesPage 891 October 18, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 18, 1977 Pursuant to due eall 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 Mayor Lockwood moved -approval of the minutes of the MINUTES October 4 meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 FINAL PAYMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 77-93, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 75, PROJECT NO. 8)," authorizing final payment of $2,689.49 to the C.W. Houle Landscaping Company for the Northeast Area improvement project. Councilman Schaberg seconded the motion. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 77-94, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 74, PROJEJT NO. 3)," authorizing final payment of $4,755.34 to Orfei and Sons, Inc. for work completed on the Lexington Highlands Addition improvements. Councilman Mertensotto seconded the moti on. BACHELOR AVENUE Mayor Lockwood briefly reviewed past Council meeting RIGHT-OF-WAY discussions on the accrisition of right-of-way for Bachelor Avenue adjacent to the Somerset Park No. 3 plat. Councilman Losleben outlined his recent negotiations with Mr. Langenbrunner and Mr. Bream. Councilman Losleben stated that he has met with both parties several times since October 4. He stated that if the City Council decides to construct Bachelor Avenue on a straight alignment, it will be built on the site of the existing Langenbrunner home. To build a home of similar size would cost approximately $37,000 and Mr. Langenbrunner has indicated that he could not afford the difference between the cost of the new structure and the price that he would receive for the right-of-way as well as the taxes on the new structure. Councilman Losleben suggested that two alternatives exist: acquiring the right- of-way through condemnation (either from the Langenbrunners or Par 3 Golf, Inc.) or leaving the existing roadway as it is, from the beginning of Lot 8, Block 3 to Trail Road, simply Page 892 October 18, 1977 putting an asphalt overlay on the existing 20 foot surface, He suggested that at such time as the Golf Course property is developed, this portion of Bachelor Avenue could then be constructed as a 30 foot street with curb and gutter, - and recommended that the second alternative be approved. Councilman Mertensotto stated that the Council agreed on October 4 that the street should be constructed in a proper alignment whether the right-of-way is acquired from the Golf Course or From Mr. Langenbrunner, and that the final plat for Somerset Park No. 3 was also approved on the basis that the street would be constructed completely as part of the associated improvement project. He pointed out that there may not be any development of the Par 3 property for many years, and if pressure arises for the City to improve this portion of Bachelor Avenue at some future time, the Council will then be faced with the same decision it faces now. Mr. Bream pointed out that two excelle nt outlets for traffic are included on the plat and since this portion of roadway would only serve Lots 1 and 8, he sees no reason to construct a 30 foot street .With _curb and gutter from the Langenbrunner property to Trail Road at the present time. Engineer Kishel pointed out several engineering details, including utility installation and street grades (if the alignment is changed or a portion of the street is not improved) which had not been given consideration. Councilman Mertensotto stated that past experience has proven that the street should be properly constructed when development occurs. Councilman Wahl stated that he feels the entire street should be constructed now at the 30 foot width with curb and gutter rather than delaying the improvement of a portion of the street and face-,escalated construction cost and additional problems in the future. Mayor Lockwood felt that the simplest conclusion would be to conduct a public hearing on the improvements,leaving the portion of Bachelor Avenue from the beginning of Lot 8 to Trail Road as it is. He did not feel that it would be morally right to force Mr. Langenbrunner out of his home in order to construct the street. After a lengthy discussion, Councilman Mertensotto moved the adoption of Resolution No. 77-95, "RESOLUTION DETERMINING ALIGHMENT OF BACHELOR AVENUE AND AUTHORIZING OF ACQUISITION OF RIGHT-OF-WAY THEREFORE (IMPROVEMENT NO. 77, PROJECT NO. 6)," establishing the alignment of Bachelor Avenue adjacent to the Somerset Park No. 3 plat and authorizing the City Attorney and staff to commence the necessary procedures for acquisition of right-of-way, including condemnation if necessary. Councilman Wahl seconded the motion. Page -893 October 18, 1977 Mayor Lockwood spoke against the motion, stating that althouth he agrees in principle about finishing a projecticompletely in the beginning, he feels that completion of the portion of roadway in front of the Langenbrunner property could be delayed until the Golf Course is someday developed. He feels that the value in allowing the Langenbrunners to remain in their existing home is overriding and he urged the Council to bear this in mind before voting on the motion. Additional discussion ensued and a vote was requested on the motion. Ayes: 3 Nays: 2 Lockwood Losleben FEASIBILITY Councilman Mertensotto moved the adoption.of Resolution HEARING No. 77-96, "RESOLUTION CALLING FOR PUBLIC HEARING ON IMPROVEMENTS TO SERVE SOMERSET PARK NO. 3 (IMPROVEMENT NO. 77, PROJECT NO. 6)," the hearing to be conducted at 7:30 P.M. on November 15th. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT REPORTS The Council acknowledged receipt of the Police and Fire Department monthly reports for September, 1977. COMMUNICATIONS MISCELLANEOUS EQUIPMENT CERTIFICATES The Council acknowledged receipt of an excerpt from the October 11 St. Paul Dispatch regarding the proposed 1-494 interchange at Pilot Knob Road and also acknowledged receipt of a letter from St. Paul Mayor Latimer regarding I-35E. Administrator Johnson advised the Council that the Department of Transportation will conduct two public meetings to discuss T.H. 13, T.H. 55 and T.H. 110. The first meeting is to be held at 7:30 P.M. in the Mendota Heights Council Chambers on October 20, and the other meeting will be held at the Mendota VFW on October 25. The Council acknowledged receipt of an excerpt from the October League of Minnesota Cities Magazine regarding management in the public sector. The Council received and discussed a memo from the City Administrator regarding the issuance of equipment certificates and the need and desire for replacement of existing equipment and purchase of new equipment. Financial Advisor Lawrence Shaughnessy explained the details involved in the issuance of equipment certificates. Administrator Johnson expanded on the need for replacement of several public works vehicles, most importantly, on the need to replace the existing Unit No. 501, International Harvestor pick-up. Ayes: 5 Nays: 0 EQUIPMENT PURCHASE Ayes: 5 Nays: 0 SALARY NEGOTIATIONS Page 884 October 18, 1977 After considerable discussion, Councilman Mertensotto moved the adoption of Resolution No. 77-97, "RESOLUTION AUTHORIZING THE ISSUANCE OF $100,000 CERTIFICATES OF INDEBTEDNESS," authorizing staff to proceed with the sale of equipment certificates. Councilman Losleben seconded the motion. Mayor Lockwood moved that staff be authorized to proceed with the purchase of a vehicle to replace the existing 1972 International Harvestor 4-wheel drive pick-up, unit number 501. Councilman Mertensotto seconded the motion. Administrator Johnson advised the Council that he has prepared some preliminary data and a quick proposal for negotiations on the 1978 Public Works labor contract and asked that a member of the Council be appointed to participate in the labor contract negotiations. After a brief discussion, the Council unanimously appointed Councilman Schaberg to represent the Council in negotiations with Local 320 and the Public Works Department in 1978 labor contract negotiations. HALLOWEEN BONFIRE Councilman Wahl advised the Council that he would like to conduct a Halloween bonfire this year, as he has done for the past several years, and asked for Council approval of this activity. He stated that the bonfire would be conducted on October 31 from 7:30 P.M. to 9:30 P.M. Ayes: 5 Nays: 0 WATER SURCHARGE Ayes: 5 Nays: 0 Councilman Mertensotto moved authorize Councilman Wahl to Bonfire. Councilman Losleben seconded to approve of the activity and conduct the annual Halloween the motion. The Council acknowledged receipt of a proposed water surcharge ordinance and a proposal for financing construction and operation of an elevated water tank. The Council discussed both items and also a proposal to institute a City-wide water availability charge which would be charged against all building permits for new fesidences constructed after January 1, 1978. Councilman Losleben moved the adoption of Ordinance No. 149, "AN ORDINANCE ESTABLISHING A WATER SURCHARGE." Councilman Mertensotto seconded the motion. Page 885 October 18, 1977 Councilman Mertensotto moved that staff be directed to prepare a proposed ordinance establishing a water availability charge for consideration by the Council. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY The Council acknowledged receipt of a feasibility report on REPORTS - WATER the proposed construction of an elevated water tank and a TANK, PUBLIC feasibility report on the proposed construction of a Public WORKS GARAGE Works Garage. The Council briefly discussed the elevated water tank proposal and directed that both feasibility reports be placed on the November 15th agenda for Council discussion. Ayes: 5 Nays: 0 The Council also discussed the acquisition of property to be used as the site for the proposed water tank and garage. After a brief discussion, Councilman Mertensotto moved that the staff and City Attorney be directed to initiate procedures for acquisition of land (by condemnation if necessary) to be used as the site of a future water tank and Public Works garage, the land being located on Lexington Avenue and Mendota Heights Road.,_ and as previously determined to be the most appropriate site for the future facilities. Mayor Lockwood seconded the motion. The Council directed the Financial Advisor and City Engineer to be prepared at the November 15 meeting to discuss the possibility of constructing a 2 million gallon capacity tank. MISCELTANEOUS The Council acknowledged receipt of the Engineering Status Report for September, 1977. INVESTMENTS Ayes: 5 Nays: 0 DUTCH ELM REMOVAL ASSESSMENT Ayes: 5 Nays: 0 The Council acknowledged receipt of the September Financial Statement. Mayor Lockwood moved that the Clerk-Treasurer be authorized to invest $925,000 for 110 days with the Cherokee State Bank at 6.65% interest. Councilman Wahl seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 77-98, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT FOR THE REMOVAL OF DISEASED TREES." Councilman Wahl seconded the motion. ON-SALE BEER LICENSE Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 886 October 18, 1977 Mayor Lockwood moved that a one-day on-sale 3.2 non-intoxicating malt liquor license be issued to the Mendota Heights Lions Club for October 23rd, and that the license fee be waived. Councilman Mertensotto seconded the motion. Mayor Lockwood 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, October 18, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk- Treasurer of the City of Mendota Height s are hereby directed to 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: Wm. F. Kopp Construction Company I.S. Tillges Gerald A. Anderson Hinding & Company General Contractor License General Contractor License Masonry Contractor License Heating Contractor License Councilman Mertensotto seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 10:31 0' Re-g-ugc4,-6-0-1 Robert G. Lockwood Mayor k P.M. adabaugh -Treasur