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1977-05-17 Council minutes1;Page 828 May 17, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 17, 1977 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights was held at 8:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Schaberg and Wahl. APPROVAL OF Councilman Wahl moved approval of the minutes of the May 3 MINUTES meeting. Mayor Lockwood seconded the motion. Ayes: 4 Nays:0 Councilman Mertensotto arrived at 8:05 o'clock P.M. FEASIBILITY HEARING Mayor Lockwood opened the meeting for the purpose of a hearing EMERSON AVENUE on proposed Emerson Avenue street improvements. He explained STREET IMPROVEMENTS that the Council is also considering constructing an overlay on the uncompleted portions of Somerset Road between Coleshire and Emerson and on Coleshire between Hingham Circle and Dorset Road. Mayor Lockwood turned the meeting over tb City Administrator Johnson for a review of the proposed project. Administrator Johnson noted that the notice of hearing had been published and copies had been mailed to the affected property owners. It is proposed to install a 30 foot wide two-inch bitum- inous mat on Emerson Avenue. The project will involve minimum drainage improvements, and will not include curb and gutter. The estimated cost for the Emerson overlay is $18,000, or approximate ly $6 to $7 per front foot. The costs for Coleshire and Somerset improvements would be approximately $8,000. If the improvements are completed as one project, the estimated front foot cost would be approximately $9.00 per assessable foot. He pointed out that unpaid street assessments are generally placed on an assessment roll for 10 years, at 7% interest on the unpaid balance. Mayor Lockwood asked for questions and comments from the audience. Mr. Morris Telander, 589 W. Emerson Avenue, stated that no City repairs have been made on Emerson Avenue since the Somerset View street improvements, and asked if the City will do any maintenance or repair work if this project is turned down. Mr. Howard Hintertheuer, 625 W. Emerson, asked whether residences which have been assessed for Coleshire Avenue improvements will be assessed for Emerson under the proposed project. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MENDOTA WATER COMPANY Page 829 May 17, 1977 Mrs. Walter Staples, 557 W. Emerson, objected to the project and suggested that the County should be petitioned to accept Emerson as a County road. Several members of the audience asked questions regarding anticipated life of the street if the project is approved, expenses involved if curbing were installed, and whether there will be a load limit. Attorney Winthrop advised the Council that if Coleshire and Somerset improvements are considered, a notice of hearing must be submitted to the affected property owners and a public hearing must be conducted. After a lengthy discussion, Councilman Losleben moved that the hearing be continued to 7:30 P.M. on June 7. Mayor Lockwood seconded the motion. Mayor Lockwood advised the audience that anyone wishing to submit written comments may list their name and objection on a list provided by the Clerk or may submit letters to the City offices prior to June 7. Mayor Lockwood moved the adoption of Resolution No. 77-33, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF STREET IMPROVEMENTS ON A PART OF COLESHIRE LANE AND SOMERSET ROAD." Councilman Mertensotto seconded the motion. Mayor Lockwood opened the meeting at 9:15 o'clock P.M. for the purpose of a public hearing on the Mendota Water Company rate increase request. Mr. John McGirl, representing the Water Company, read portions of the franchise and outlined the company's financial condition since 1971. He stated that the company operated at a loss as a result of the 1974 change in rate structure and explained the rationale for the requested $16.77 per month minimum rate (based on 30,000 gallon useage. Mr. Ed Lavigne stated that the company representatives and Friendly Hills Civic Association have met several times to discuss a rate increase and that they have also met with the association membership. Mr. Lavigne also listed some of the Company's cost increases over the past several years which the company feels necessitate a rate increase. Mr. John Larson, representing the Civic Association, stated that the Association's Board has met with the Company representatives five times, and have looked at several factors relative to the proposed rate increase, including the expiration of the franchise in 1981. He stated that a meeting of the entire association membership and company representatives was held and that the unanimous vote was to approve the $16.77 per month rate if the City Council will initiate an immediate feasibility study on hooking up to the St. Paul Water system. Page 830 May 17, 1977 Mr. Tom Schellinger, 739 Keokuk, a member of the Civic Association Board, stated that the relevance of the August Construction Company development of a portion of the Friendly Hills Addition is that with these additional water services, the water rates might go down. He stated that of the several rate proposals discussed by the Association Board and Water Company, the $16.77 rate seemed to be the best proposal. Mr. Arvid Rued asked whether the City has evidence that the company has lost money and whether the firm has been audited by anyone other than their own auditors. Mr. John Larson stated that none of the area residents want to lose the type of water they now have, they only ask for the feasibility report to know whether the system can mechanically be taken into the St. Paul system. Councilman Losleben concurred with the Civic Association request that the study should be prepared to find out whether the system is acceptable for conversion to the St. Paul system. Mayor Lockwood stated that he agrees in principle with the preparation of the study, but feels that the timing is wrong and would be more valid if prepared approximately a year prior to the franchise expiration. He asked Attorney Winthrop for his opinion on whether the City has the right to investigate the system. Mr. Winthrop stated that it is his opinion that the City does not have the right to investigate the system. With the company's permission, the City could prepare such a study if the company is desirous of turning the system over to the City prior to 1981. He recommended directing the Engineer to prepare a report on what the possible costs of preparing a feasibility study would be and that the Engineer also advise the Council how much lead time it will take to perform a feasibility study. Mr. McGirl stated that the City has the Water Company's permission to perform the study and will have the full cooperation of the company. He also stated that the company officials will not come before the Council in 1981 to request a franchise extension. Councilman Schaberg asked whether the company has made any projections of income and expenses based on the proposed increase He stated that he feels an obligation to knwo that the company will only be getting a fair return on their investment. He further stated that he cannot make a decision to approve the increase without seeing a balance sheet and projected profit ) and loss based on the proposed rate. After a lengthy discussion, Councilman Losleben moved that the hearing be closed. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 The hearing was closed at 10:45 P.M. Ayes: 4 Nays: 1 Schaberg Page 831 May 17, 1977 Councilman Mertensotto moved the adoption of Ordinance No. 147, ° AN ORDINANCE AMENDING ORDINANCE NO. 201," granting a $16.77 per month residential water rate based on 30,000 gallons useage per month, to be effective June 1, 1977 through March, 1978, with automatic Council review of the rate structure at that time. Councilman Losleben seconded the motion. The Council directed the City Engineer to prepare an estimate of costs involved in preparation of a feasibility study. RECESS Mayor Lockwood called for a recess at 10:47 P.M. The meeting reconvened at 11:00 P.M. PARK EQUIPMENT Ayes: 5 Nays: 0 CRAY RESEARCH COMMUNICATIONS Mr. Jerry Murphy was present on behalf of the Park Commission to recommend that the Council approve the trading of the Toro Parkmaster for two Toro Groundsmasters. He also recommended that the Council approve the purchase of a two-stage snowblower for $2,000 and a low-bed custom trailer for $1,648. Mr. Murphy also recommended that the 1973 Simplicity riding mower and 1967 Sno Co trailer be sold. Councilman Wahl moved approval of the trading of the Parkmaster for the two Groundsmasters and also approval of the balance of the recommendations. Councilman Losleben seconded the motion. Mr. J.D. Harris, of Cray Research, was present to discuss the possibility of the City issuing municipal revenue bonds (in a maximum amount of $2,000,000) to finance the purchase of property and construction of a facility within the Inland Industrial Park to be used as the company's corporate headquarters... Mr. Harris briefly explained the proposed building and the company background. Attorney Winthrop stated that this type of bonding would not encumber the City in any way and would have no direct effect on the City's bond rating. Administrator Johnson stated that Financidl Advisor Shaughnessy is supportive of the concept and will be present at the June 7 meeting to further discuss the matter. The Council acknowledged receipt of a petition and letter from Mr. Joseph Delmont, 25 Dorset Road, and residents of the Somerset Heights area, requesting a reduction of the speed limit on Staples Avenue from Delaware to Dodd and installation of stop signs at the intersection of Dorset Road and Staples Avenue. After a brief discussion, the matter was referred to staff for study and report. The Council acknowledged receipt of a letter from Mr. A.D. Kenned 1138 Ivy Hills Drive, requesting permission to plant trees on public right-of-way on Partition Road to provide a natural barrier to prevent trespass and vandalism in the Ivy Keep area. Ayes: 5 Nays: 0 NSP PETITION FOR IMPROVEMENTS Ayes: 5 Nays: 0 Page 832 May 17, 1977 After a brief discussion, Councilman Losleben moved approval of the planting of trees in the right-of-way in accordance with the planting scheme recommended to Mr. Kennedy by the Public Works Supervisor. Mayor Lockwood seconded the motion. The Council acknowledged and briefly discussed a letter from NSP regarding a forthcoming proposal for reguilding the Rogers Lake-Northfield Transmission line. The Council acknowledged receipt of a petition from the Rauenhorst Corporation for installation of public improvements in part of the undeveloped portion of Friendly Hills. Administrator Johnson advised the Council that althouth Rauenhorst owns the property, it will be developed by the August Construction Company. In view of this, Mr. Johnson recommended that Rauenhorst be required to submit an escrow deposit to cover the costs of the feasibility study preparation. Engineer Kishel indicated that the estimated cost for the study would be approximately $4,500 to $5,000. Councilman Mertensotto moved that Rauenhorst Corporation be required to submit a $7,500 escrow deposit for preparation of a feasibility report, directing that no work be done on the study prior to submission of the escrow. Councilman Losleben seconded the motion. DEPARTMENT REPORTS The Council acknowledged receipt of the April, 1977 Fire Department report. EAGLE RIDGE Engineer Kishel stated that as was indicated by the developer EAST at a previous meeting, Mr. Tuminelly wishes to perform his own contracting for the sanitary sewer construction for Eagle Ridge East. The system would then be turned over to the City as part of the City's sewer system, and Mr. Tuminelly agreed to show the sewer easements on the final plat. The developer's engineer would prepare plans ans specifications based on City requirements and the plans would be submitted by Mr. Kishel to the various regulatory agencies for approval. Mr. Kishel would also see to it that the construction complies with City requirements, would do the field inspecting, and would prepare the as-builts. In order to cover the planning and engineering costs, he rec- ommended that an escrow for the costs be required of Mr. Tuminelly. Mr. Kishel stated that the approximate engineering costs would be approximately $2,000. Mr. Tuminelly.requested approval of building permits for the units so that construction can commence as soon as possible Building Inspector Bjorklund stated that the plans indicate that the easterly sideyard setbacks are not according to ordinance requirements on Marie Avenue. Mr. Johnson also indicated that Ayes: 5 Nays: 0 MENDOTA PLAZA BUILDING PERMIT Ayes: 5 Nays: 0 Page 833 May 17, 1977 the parking area for unit six should be set back 30 feet from Eagle Ridge Drive. It was noted by Council members and staff that the plans submitted on May 12 are different from the preliminary plat shown to the Council at a previous meeting. After a lengthy discussion, Councilman Mertensotto moved approval of the building permits conditioned upon written approval of the revised plans by Planner Dahlgren, any and all changes to be incorporated into •the plat by the developer prior to permit issuance, and conditioned upon submission of a $3,000 escrow deposit to cover engineering and other City costs related to the plat and sanitary sewer construction. Councilman Losleben seconded the motion. Building INspector Bjorklund advised the Council that Mr. Sheehy has applied for a building permit to construct a storage and loading area on the south side of the shopping center building. Mayor Lockwood moved approval of the permit conditioned upon the building's existing basement meeting ordinance requirements, including provisions for sprinkling systems, and conditioned upon filling of the potholes in the parking and driving areas of the shopping center. Councilman Wahl seconded the motion. SKATEBOARD Councilman Wahl moved the adoption of Ordinance No. 148, "AN ORDINANCE ORDINANCE REGULATING THE OPERATION OF SKATE BOARDS ON PUBLIC AND PRIVATE PROPERTY IN THE CITY OF MENDOTA HEIGHTS." Councilman Schaberg seconded the motion. Ayes: 3 Nays: 2 Mertensotto; Losleben DEPARTMENT REPORTS The Cuoncil acknowledged receipt of the April 1977 Police Department monthly report. HIGHWAYS Administrator Johnson advised the Council that representatives of the D.O.T. brought out plans for the proposed layout of TH 55/110/13 between Lexington Avenue and the Mendota Bridge and T.H. 55 going south. He stated that Planner Dahlgren feels that the plan is inconsistent with what the Metro Coiancil has suggested for T.H. 55. The Council directed Mr. Johnson to advise Don Huber that the plans are in the office and request tha he review the plans. MISCELLANEOUS The Council acknowledged receipt of a memo on elevated water tank financing. 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, May 17, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk-Treasurer of Page 834 May 17, 1977 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 EQUIPMENT PURCHASE Public Works Inspector Pearson recommended that the Council authorize payment for Public Works equipment including a riding roller, air compressor and related equipment. Mr. Pearson also recommended that the home-made trailer used for hauling the old roller be declared surplus equipment and soR Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 LIQUOR LICENSES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Losleben moved the adoption of Resolution No. 77-34, "RESOLUTION ACCEPTING EQUIPMENT AND AUTHORIZING PAYMENT." Councilman Schaberg seconded the motion. Maydr Lockwood moved that the home-made trailer be declared surplus equipment and that staff solicit informal bids for the sale of the trailer. Councilman Wahl seconded the motion. Councilman Wahl moved that an 6ff-sale 3.2 non-intoxicating malt liquor license be granted to Country Club Markets, Inc. Mayor Lockwood seconded the motion. Councilman Losleben moved that an on-and-off-sale 3.2 malt liquor license be granted to Par•.3 Golf, Inc. Councilman Schaberg seconded the motion. LICENSES Councilman Wahl moved that licenses be granted to: Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Martin HOmes, Inc. All-State American Concrete, Inc. Suburban Lighting, Inc. Mayor Lockwood seconded the motion. General Contractor License Masonry Contractor License General Contractor License There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned. Councilman Wahl seconded the motion. Time of Adjournment: 1:18 o'clo .4 AL-0-04 Robert G. Lockwood Mayor abaugh Clerk- easurer